WATER
ARTICLE 9
It will continue the recovery of the navegabilidad of the River Mary magdalene and of some other rivers as the Atrato, the Sanjuán and the Goal among others, as well as the modernization, enlargement and maintenance of the railway infrastructure, and resources for the achievement of the airport standards will be invested accepted internationally, for the airports that conform the airport national network.
8. Environmental sustainability
With the purpose to maintain the natural base as factor for the development of the country, to enlarge the production and offering of goods and environmentally healthy services and the sustainability of the national production, and to count on an Environmental National System fortified, they will advance the following programs:
· Conservation and sustainable use of goods and environmental services. It understands the consolidation of the System of Areas Protected; the wild species populations management threatened and of potential use; the promotion of developments biotecnológicos from the components of the biodiversidad and management in matter of bioseguridad; and the conservation, management, use and forests ecosystems restoration and other ecosystems. Particularly, it advanced the redelimitación and ordering of the forest reserves, it set in motion of plans of ordering and management of natural forests, and the development of the environmental politics of humedales, of we stop and of seas and coasts. The National Government studied the possibility of declared the mountain Range of the Perijá as one of the new Areas Protected that contemplates the present Plan.
· The Department of the Environment, Dwelling and Territorial Development, considers priority the sustainable development of the Sierra Nevada of Holy Marta and the conservation of its water basins. It declares the solid one as special Zone of echo and etnoturismo.
· Integral management of the Water. Plans of code they were implemented and integral management of microcuencas at nearly 500.000 hectares, included the reconversion toward sustainable productive systems and the establishment closely of 120.000 hectares of protective plantations, especially supplying areas of water. Will work himself in the special protection of pair and humedales. Will develop an integral politics through the promulgation of a Law Framework of the Water. Likewise the Residual Water Management Plan was implemented and will develop an integral politics and the harmonization of the normative framework in importance sum water matter for the country especially the Rivers Mary magdalene, Cauca, Bogota, Atrato, San Juan, Goal, Sinú, San Jorge, Baudó and Patía; and will continue with the program of descontaminación of the river Bogota.
The practices they will be fortified and cleaner strategies of production as instrument of environmental management of the resource. Likewise the Subterranean Water Management Plan will be implemented and the revision will be will carry out and strengthening of economic instruments such as vengeful rates and rates by use, among others.
· It will be formulated a politics of State related to the integral management of the water, that agglutinate the natural conservation of the species of fauna and flora, that promote the development of a district of irrigation and that guarantee the provision of drinkable water at more than 500 thousand inhabitants of the region of the Valley of Upar. For it it is declared like priority the construction and implementation with state support of the project multipropósito The Besotes, located in the microcuenca of the river Guatapurí. Likewise they constitute priority the district of irrigation of the dam of The Cup (province of the center, Department of Boyacá) and that of the Southern Triangle of the Department of the Tolima.
· The Department of the Environment, Dwelling and Territorial Development, considers priority the sustainable development of the Sierra Nevada of Holy Marta and the conservation of its water basins. It declares to the Solid one as special zone of echo and etnoturismo.
· In the interoceanic biological runner among the departments of Cordoba, Antioquia and Collided that it unites the Caribbean Sea and the Ocean Pacifico, the National Government it will promote and it will prompt the conservation of the strategic systems.
· Impulse to the recovery of water basins. The saneamiento of Native Shelter will be utilized like strategy of conservation and environmental recovery in those places where Natural National Parks they coincide, Native Shelters and supplying basins of water for the human consumption and the farm production.
· The Nation –Department of Environment, Dwelling and Territorial Development- the territorial companies and the businesses of public utilities, inside their competences, they will be able to support the creation of regional businesses that permit joint efforts to advance programs of drinkable water and saneamiento basic in their territories, which they will count for their financing with resources of the General System of Participations –General purpose- and the resources of regalías. The National Government will be able cofinanciar the projects that said businesses develop.
5. Capitalism social in public utilities
· In order to surpassing situations of financial crisis of public businesses prestadoras of home public utilities, and subject to subscription of strict programs of adjustment, the Government will be able to prompt, when in his judgment be viable, users participation plans, industrious, deserving, investors and other groups citizens (capitalism social) as part of an integral strategy to recover its financial and operating viability. For such effect will be able to promote the constitution of funds that will be able to acquire the stock property of these businesses as part of the supportive sector, when it be possible, or to develop plans of financing conditioned to its participation in its administration.
· For the protection of the social and public patrimony and the continuity in the installment of the service, will be able to endow to the Superintendencia of Home public Utilities of resources and mechanisms that permit it to undertake the processes of takes of possession and home public utilities businesses liquidation in more efficient form.
· Tools will be effected so that the agents liquidadores can celebrate the acts and contracts that be required, inside the process of liquidation, so that another business assume the installment of the respective service in a reasonable time and, of that form, the continuous installment of the same one be assured.
E. PROJECTS OF REGIONAL INVESTMENT
According to the picture of regional distribution, the Nation will invest priority in the following projects of investment that generate conditions of peace and democratic contact, that support the social development, the generation of employment and that they permit greater conditions of security:
Thus same the execution of regional specific projects and the fulfillment of the physical goals of these strategies will be held to the generation of additional resources, added to the new contractual plans that they be structured with the private sector and the territorial companies. Likewise, will depend on the recomposiciones of expense of the attributable sector to the increase in the levels of efficiency in the assignment and execution of the same. The contingent resources privilegiarán the reach of the physical goals of the sector.
In every case, the development of the projects that subsequently are related they will be consistent with the fiscal goals and they will be subject to the existence of additional current resources to them contemplated in the Plan:
§ River
Project YUMA: Recovery harbor and river transportation I Laugh Mary magdalene and harbor improvement I Laugh Cauca.
Harbor improvement I Laugh Goal and Zulia
Harbor and River improvement Axis Atrato – I laugh I Remove – I laugh San Juan
Harbor and river improvement Bay of Cartagena – Bay of Barbacoa, Channel of the Dike.
§ Harbor
National Public Ports Access Channels maintenance
It dredged Buenaventura, Tumaco, Cartagena and Barranquilla
Official support of Harbor Expansion in Buenaventura
Nursemaid Port studies of the Pacific.
Study Port in Urabá on the Caribbean Sea
Article 19
Restructuring of the installment of the service. The Superintendencia of Home public Utilities will be able to order the split of the businesses of home public utilities low takes of possession to administer or to liquidate, in units or autonomous, independent businesses and separated .
I ARTICULATE 103
Special management zones protection. You be modified the article 16 of the Law 373 of 1997, which will remain in the following way: “Article 16. In the elaboration and presentation of the program should be needed that the zones of páramo, forests of fog and births influence areas of acuíferos and of river stars, they should be acquired or protected with priority character by the environmental authorities, territorial companies and administrative companies of the jurisdiction Corresponding, which they will carry out the necessary studies to establish their true goods offering capacity and environmental services, to initiate a process of recovery, protection and conservation.
Parágrafo 1º. The resources originating from the application of the I articulate 43 of the Law 99 of 1993, was destined to the protection and recovery of the water resource according to the respective Plan of Code and management of the basin.
Parágrafo 2º . The Department of Environment, Dwelling and Territorial Development, will regulate the creation, operation and composition of the Counsels of Water or Basins in coordination with the Environmental authorities .
I ARTICULATE 104
Destination of the recaudos of the vengeful rate by vertimientos . The recaudos of the vengeful rate by vertimientos will be destined exclusively to projects of investment of descontaminación water and monitoring of the quality of water.
ARTÍCUL0 108
Resources of Transfers. The resources of transfers of the General System of Participations assigned to the sector of Drinkable Water and Saneamiento Basic, only they will be able to be invested according to the priorización of contained projects in the Technical Regulation of the Sector of Drinkable Water and Saneamiento Basic, whenever they do part of the programs of investment of the companies prestadoras of the services legally constituted, they be predicted in the respective plans ofLocal and they be found registered and watched by the Superintendencia of public Utilities, without damage of the portion that the municipalities assign for the subsidies to the rate of the strata of smaller resources, to the investments in saneamiento basic rural with individual solutions and to the conservation of microcuencas that supply the system of acueducto.
Parágrafo . The Nation – Department of Environment, Dwelling and Territorial Development – and the Regional Autonomous Corporations will support the creation of regional businesses that permit joint efforts to advance programs of drinkable water and saneamiento basic in their territories, which they will count for their financing with resources of the General System of Participations – General purpose -, the resources originating from regalías and the respective Autonomous Corporations. The national Government will be able cofinanciar the projects that said businesses develop.
I ARTICULATE 110
Ventanilla Unique. The Department of Environment, Dwelling and Territorial Development will be the only head of the reception of all the projects of the sector of drinkable water and saneamiento basic that they request financial support of the Nation. The Department will evaluate the environmental, socioeconomic, legal, financial, and technical viability of the projects, will elect those that they comply the requirements and will structure the plan of financing of the same, coordinating contribute them of resources with the different companies that administer them.
I ARTICULATE NEW. Home public Utilities Businesses liquidation. To guarantee the continuity in the installment of the home public utility, in the processes of takes of possession to liquidate of the businesses prestadoras, they will continue the following special rules:
a. The liquidation will be initiated from the moment in which the administrative act be notified of takes of possession with end of liquidation.
It it intervened will maintain the legal capacity to celebrate and to execute all the acts and contracts tending toward the installment of the service, to so much another or other businesses assume the installment of the same one. For such end the contracting of the businesses that they will be done charge of the installment of the home public utility should be carried out in a not upper time limit to a year.
b. The continuity of the installment of the home public utilities that lent the business object of the process of liquidation will be responsibility, in the first place of the liquidador and subsidiary of the responsible authorities for the installment of the service. For such effect, the liquidador will be able to celebrate all the acts and contracts required, without need to obtain prior approvals of the authorities or of the owners of it intervened.
c. The passive that they acquire it intervened later to it takes of possession that be necessary for the installment of the service expenses of administration of the liquidation will be considered
d. The liquidador of it intervened will not require permission or authorizations of third parties for the suppression of charges, neither for the termination of the contracts of work.
e. In the processes of takes of possession to liquidate, the Superintendent of Home public Utilities or his Delegate will have the functions that ordinarily correspond to the Meeting Assesses for the applicable norms.