El dilema agua y energía en los municipios de Valle de Tenza. Análisis sobre el cumplimiento del artículo 111 de la ley 99 de 1993

Abstract

By virtue of the provision contained in article 111 of Law 99 of 1993, the territorial entities of the departmental, municipal and district order, must dedicate a percentage of not less than 1% of their income, for the acquisition of areas of strategic importance in order to conserve the water resource from which the municipal or district aqueducts are supplied and which belong to the Recharge Zones and reception areas or water sources. Thus, it is noted that the 1993 legislator has established a priority for territorial entities, by virtue of the special importance of these water sources to satisfy the basic needs of the community. In this order of ideas, it considers the investment of various territorial entities must be based on the primacy or prevail of the legislator who has defined to achieve the objective referred to in the aforementioned article 111. Therefore, this research also studied, the process for the declaration of areas of strategic importance for the conservation of water resources as well as the obligation of the actors of the system, among these directed municipal level territorial entities, to define the interior of the areas previously referenced, the specific properties that require to acquire for certain the water supply that provides municipal respect, according to planning instruments, stories such as the EOT and the POMCA, or failing that, be in accordance with the determinants related to conservation and protection of the water resource that has been established by the Environmental Authority of the jurisdiction.