La responsabilidad del estado por los daños derivados de la contaminación del agua superficial continental en Colombia

Abstract

The responsibility of the State has its support in Article 90 of the Political Constitution of Colombia, which establishes the duty to repair the damages that occur when they are attributable to it by the action or omission by state agents or public authorities ; in particular, on the damages derived from the contamination of the superficial continental water resource, although it is true that jurisprudence and doctrine have developed a framework for protection over water, which has updated the classic canons of said institution, since it is understood that the Water is considered as an object of tutelage dependent on its ethical relationship dimension with man, therefore for its protection it must be linked as an essential nucleus of the rights and interests of man, whether as the environment or life. Likewise, the importance of this resource for the conservation of both the natural environment, and constitutes the State's primary task for its protection, conservation and repair. Therefore, the present document will deal with the analysis of the responsibility of the State when the damages derived from water pollution through its protection in a broad and indeterminate legal framework, the redefinition of the essential characteristics of the unlawful damage and the reformulation of the imputation regimes for the declaration of responsibility.