NEWSPAPER. YEAR CXXXIX. N. 45.439. 23, JANUARY, 2004. PAG. 27.
DECREE NUMERO 00155 OF 2004
(January 22)
by which the article is regulated 43 of the Law 99 of 1993 on rates by utilization
Of water and other dispositions are adopted.
The President of the Republic of Colombia, in use of their legal and constitutional faculties,
especially the contents in the numeral 11 of the article 189 of the Political Constitution and the
article 43 of the Law 99 of 1993,
It DECREES:
Article 1º. Object . The present Decree considers object to regulate the article 43 of the Law 99
of 1993 in it relating to the rates by utilization of superficial water, which include the water
estuarinas, and the subterranean water, including inside these the acuíferos coastal. Are not
object of collection of the present decree the maritime water.
Article 2.°
adopted:
Definitions .
For the effects of the present decree the following definitions are
Hydrographic basin: Area of superficial or subterranean water, that pour to a natural hydrographic
network with one or various natural river bed, of continuous or intermittent volume, that flow in a
greater course that, at the same time, can flow into in a main river, in a natural deposit of water, in
a swamp or directly in the sea.
Hydrologic unit of analysis: Area natural of concentration and superficial and/or subterranean
harvesting of water that has mainly hydrologic connotation in the cuantificación, distribution and
utilization of the available water resources. For superficial water its delimitación is carried out
continuing the divisoria topographical of water, and for subterranean water continuing criteria
hidrogeológicos.
Indicate of shortage for superficial water: Relation among the demand of water of the
assembly of economic and social activities with the available water offering.
Water estuarinas: They are bodies of water, where the estuary of a river is opened al sea. They
are characterized for the dilution of marine water with them contribute of sweet water originating
from the continent.
Acuífero: Unit of rock or sedimento, capable to store and to transmit water in significant
quantities.
It reserves of an acuífero: It is the quantity of subterranean water stored in the acuífero.
Available volume of an acuífero: They correspond al abundant that would be able to extract
continuously of an acuífero, without its reserves be reduced.
Abundant explotable of an acuífero: They correspond al abundant that can be extracted of the
available resources of an acuífero, without altering the state of exploitation established by the
competent environmental authority.
Index of shortage for subterranean water. It is the relation among the sumatoria of the
volumes grasped in the acuífero and the abundant explotables of the same one, according to the
following expression:
where:
Acuíferos coastal: They are acuíferos that by its location are exposed to the marine intrusion.
Article 3.° I subject active. The Regional Autonomous Corporations, the Corporations for the
Sustainable Development, the Environmental Authorities of the Large Urban Centers and the
ones that refers the article 13 of the Law 768 of the 2002 and the Special Administrative Unit of
the System of Natural National Parks of the Department of Environment, Dwelling and Territorial
Development, are competent to collect the rate by utilization of water regulated in this decree.
Article 4.° I subject passive. They are obliged al payment of the rate by utilization of the water all
the natural or legal persons, public or private, that they utilize the water resource by virtue of a
concession of water.
Article 5.° Done Generating. It will give place al collection of this rate, the utilization of the water
by virtue of concession, per person natural or legal, public or private.
Article 6.° Base Gravable. The rate by utilization of the water will charge himself for the volume
of water really grasped, inside the limits and conditions established in the concession of water.
Parágrafo. The passive subject of the rate by utilization of water that have implemented a system
of measurement will be able to present to the competent environmental authority, in the terms
and periodicidad that this determine convenient, reports on the volumes of water grasped. In the
event that the passive subject do not count on a grasped water measurement system, the
competent environmental authority will proceed to carry out the liquidation and the collection of
the rate based on it established in the concession of water.
Article 7.° Obsession of the rate. The rate of the rate by utilization of water (TUA) aforesaid in
pesos/m3, it will be established by each competent environmental authority for each hydrographic
basin, acuífero or hydrologic unit of analysis and is composed by the product of two components:
the most minimum rate (TM) and the regional factor (FR) :
TUA = TM * FR
Where:
TUA:
Is the rate of the rate by utilization of the water, aforesaid in pesos by cubic meter ($/m3).
TM:
Is the aforesaid, national most minimum rate in pesos by cubic meter ($/m 3).
FR:
Corresponds al regional factor, adimensional.
Article 8.° Most minimum rate (TM). The Department of Environment, Dwelling and Territorial
Development, by means of resolution, will set annually the total tarifario most minimum of the
rates by utilization of water.
Article 9.° Regional factor . The regional factor will integrate the factors of availability, needs of
investment in recovery of the hydrographic basin and socioeconomic conditions of the population;
by means of the quantitative variables of index of shortage, costs of investment and the index of
dissatisfied basic needs, respectively. Each one of these factors will have associate a coefficient.
Article 10. Calculation of the Regional Factor (FR). The regional factor will be calculated
annually by the competent environmental authority for each hydrographic basin, acuífero or
hydrologic unit of analysis, and will correspond to a factor adimensional according to the following
expression:
FR = 1 +[ CK+ C And] * C S
The regional factor will have a rank of variation thus:
The components of the regional factor are:
Cs: Coefficient of socioeconomic conditions that it will take the following values according to
the Indicate of Dissatisfied Basic Needs (NBI) determined by the National Department of Planning
of the municipality where the user be located that utilizes the water for domestic provision,
according to l to following formula:
This coefficient will have a rank of variation between 0 and 1: 0 < C s  1
C k:
Coefficient of Investment Fraction of the total costs of the plan of ordering and
management of the basin that treats the Decree 1729 of the 2002 not covers by
the most minimum rate, according to the following formula.
Where:
C K:
Coefficient of investment of the hydrographic basin.
C PMC: Annual total costs of the plan of ordering and management of the basin of the
immediately previous year.
C TM:
Annual turnover reckoned of the rate by utilization of water, applying the Most minimum
Rate to the users of the basin.
In absence of the plan of ordering and management of the basin, the value of the coefficient of
investment will be equal to 0.
C and:
Coefficient of shortage. This coefficient varies according to the shortage of the water
resource considering if the collecting is carried out on superficial or subterranean water
according to the following formulae:
Coefficient of shortage for superficial water.
Where:
CAnd:
Coefficient of shortage for superficial water.
IIS:
It corresponds al index of shortage for superficial water reckoned for the basin, section or
hydrologic unit of analysis.
C and: Coefficient of shortage for subterranean water.
Where:
CAnd:
Coefficient of shortage for subterranean water.
IEG:
It corresponds al index of shortage for subterranean water reckoned for the acuífero or
hydrologic unit of analysis.
Article 11. Opportunity Cost factor. (F OP). The opportunity cost factor takes into account if the
user of the water is found doing an use consuntivo or not consuntivo, generating ostos of
opportunity for the other users down the water. The value of the opportunity cost factor will be
calculated according to the following formula:
Where:
F OP
:
Opportunity Cost factor
VC
:
Volume of water concesionada or grasped during the period of collection.
VV
:
Volume of water poured to the same basin or hydrologic unit of analysis during
the period of collection.
Parágrafo 1º. The opportunity cost factor will not be able to take a lower value to 0.1 neither
greater to 1.
Parágrafo 2º. In the case that the not present passive subject the report with information on the volume of water
grasped and poured, the opportunity cost factor will take the value of 1.
Article 12. Calculation of the total to pay. The value to pay for each user will be composed by the
product of the rate of the rate by utilization of water (YOUR), aforesaid in pesos/m3, and the
volume grasped (V), aforesaid in cubic meters (m 3), it corrected by the opportunity cost factor
according to the following formula:
VP = YOUR * [V* FOP]
Where:
VP:
YOUR:
($/m3).
V:
It is the value to pay for the user I subject passive of the rate, in the period of collection
that determine for the aforesaid, environmental authority in pesos.
is the rate of the rate by utilization of the water, aforesaid in pesos by cubic meter
Is the base water volume for the collection. It corresponds al volume of water grasped by
the user I subject passive of the rate that presents report of measurements for the period
of collection determined by the aforesaid, environmental authority in cubic meters (m 3).
F OP : Opportunity cost factor, adimensional.
Parágrafo. In the cases that the not present passive subject the reports on the volumes of water
grasped, the collection will be carried out for the abundant one concesionado and the
environmental authority for effects to apply the contained formula in the present article in the
referring thing al volume of water, should apply the following expression:
V = Q * 86.4 * T
Where:
V:
Base water volume for the collection. Corresponds al volume concesionado in the period
of collection and aforesaid in cubic meters.
T:
Number during the day of the period of collection.
Q:
Abundant concesionado aforesaid in liters by second (lts/sg)
86.4:
Liters/seg conversion factor to m 3/Day.
Article 13. Basins Shared. When two or more competent environmental authorities have
jurisdiction on a same hydrographic basin, the Joint Commissions that treats the Decree 1604 of
2002, they will coordinate the implementation of the rate by utilization of water in the basin
shared, without damage of the competences gives each competent environmental authority.
Article 14. It forms of Collection. The Competent Environmental Authorities will charge the rates
by utilization of water monthly by means of invoice sent off with the periodicidad that these they
determine, which will not be able to be greater to a (1) year.
Parágrafo. The invoices will be sent off in a not greater time limit to 4 months after finalizing the
collection object period. The competent environmental authority will not be able to charge
periods done not invoice.
Article 15. Period of cancellation. The invoices of collection of the rates by utilization of water
should include a period of most minimum cancellation of 30 counted days from the date of
expedition of the same one, moment from which the Competent Environmental Authorities will be
able to charge the credits exigibles to their favor through the jurisdiction coactiva.
Article 16. Presentation of claims and explanations. The users subjects al payment of the rate by
utilization of water will have the right to present claims and explanations writings with relation al
collection of the rate by utilization of water before the Competent Environmental Authority. The
presentation of any claim or explanation should be done inside the six (6) following months to the
date of payment established in the invoice of collection.
The competent environmental authority should carry account detailed of the requests presented,
of the procedure and the answer given. The claims and explanations will be dealt with according
to the right of petition predicted in the Administrative Quarrelsome Code.
Article 17. Resources. Against the administrative act that resolve the claim or explanation
proceeds the resource of reinstatement.
Article 18. Destination of the I collect of the rate. According to the parágrafo 1° of the article 89
of the Law 812 of 2003, the resources originating from the application of the article 43 of the Law
99 of 1993, they will be destined to the protection and recovery of the water resource according to
the respective Plan of Code and Management of the Basin.
Article 19. Rate by utilization of water in the sector hidroenergético. According to it established in
the parágrafo 3º Of the article 45 of the Law 99 of 1993, inside the percentage of transfers al
environmental sector that does the sector hidroenergético, composed by central hydraulics and
thermal, is understood the payment of the rate by utilization of water.
Article 20. Report of activities. The competent environmental authorities will report annually al
Department of Environment, Dwelling and Territorial Development the information related to the
collection of the rates by utilization of water and the state of the water resources, with the purpose
to do an evaluation and monitoring of the rate. For such end, the Department of Environment,
Dwelling and Territorial Development will send off a form, in a not greater time limit of six (6)
counted months from the expedition of the present decree, which should be diligenciado by the
competent environmental authorities that charge the rate and remitted in the time limit that be
established.
Parágrafo. The competent environmental authority should do public theEstimations of the
available water offering, the coefficient of shortage and the demand of water for the basins or
hydrologic units of analysis where charge himself the rate by utilization of water, including the
advances in the programs of legalization of the users that do not count on the respective
concession of water.
Based on the reports of the Competent Environmental Authorities, the Department of
Environment, Dwelling and Territorial Development, will publish annually the national evaluation
on the implementation of the rate by utilization of water.
Article 21. Methodologies for the calculation of the index of shortage. The Department of
Environment, Dwelling and Territorial Development, inside the six (6) following months to the date
of publication of the present decree will establish the methodologies for the calculation of the
indices of shortage to that refers the present decree.
Article 22. Disclosure . The competent Environmental Authorities, from the publication of the
present Decree, they will advance activities of disclosure on the collection of the rate by utilization
of water.
Article 23. Force and derogatorias. The present Decree governs from the date of their
publication and abrogates all the dispositions that opponents be it.
Publíquese and be complied.
It given in Bogota, D. C., to 22 of January of 2004.
ÁLVARO URIBE VÉLEZ
The Minister of Environment, Dwelling and Territorial Development,
Sandra Suarez Pérez.