Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Water Law in Peru is a critical area of legal regulation that governs the use, management, and conservation of water resources across the country. Given Peru’s diverse geography and significant reliance on water for agriculture, industry, mining, and residential use, the law sets out clear rules on how water is accessed, distributed, and protected. The cornerstone of this legal framework is the Law of Water Resources (Ley de Recursos Hídricos, Law No. 29338), which came into effect in 2009. This law recognizes water as a national patrimony and a public good, emphasizing sustainable use and prioritizing water for human consumption and environmental preservation.
Water Law in Peru is complex and often intersects with areas such as environmental law, agricultural law, and mining regulations. Individuals and organizations may need legal assistance in several situations, including:
A lawyer can help navigate the bureaucratic processes, ensure compliance with national and local regulations, represent clients in administrative hearings or court, and provide vital advice when water rights impact property or business interests.
The most relevant national law is the Ley de Recursos Hídricos (Law No. 29338), which lays the foundational principles for managing water in Peru. Its key aspects include:
Additionally, local and regional governments may have supplementary regulations, especially regarding enforcement, monitoring, and penalties for illegal or harmful water activities.
The main authority is the Autoridad Nacional del Agua (ANA), which is responsible for the administration, oversight, and enforcement of water laws and policies in Peru.
No, under Peruvian law, water is a public good. Individuals and businesses cannot own water itself, but they can obtain rights to use water through permits or licenses issued by the ANA.
To obtain a permit, an application must be submitted to the ANA with technical and legal documentation supporting the intended use. The process includes environmental considerations and, in some cases, public consultation.
Using water without a permit is considered illegal and can result in fines, administrative sanctions, or even criminal charges depending on the severity of the infraction.
Yes, the law establishes priorities, with human consumption and sanitation taking precedence over other uses such as industrial, agricultural, or recreational purposes.
Water use rights can sometimes be transferred, but strict legal processes must be followed. Transfers require authorization from the ANA and must not undermine public or environmental interests.
Most disputes are initially addressed through administrative channels at the ANA or Basin Water Resources Council level. Unresolved matters may be taken to the courts.
Wastewater discharge is regulated to protect water quality. Permits must be obtained, and specific environmental standards set by the Ministry of the Environment and ANA must be met.
Water user organizations are responsible for local water distribution, management, infrastructure maintenance, and representation of their members in dealings with authorities.
Yes, the law recognizes and protects water rights for indigenous and peasant communities, taking into account traditional uses and the need for social inclusion in water management decisions.
When seeking legal advice or more information on Water Law in Peru, the following resources may be helpful:
If you need legal assistance regarding Water Law in Peru, consider the following steps:
Navigating Water Law in Peru can be challenging due to its technical and evolving nature. Professional legal guidance can help ensure compliance, safeguard your rights, and promote the sustainable use of water resources.
