Granting of water resources

What is granting of use water resources?

Based on the idea that water is a public good and a limited natural resource and that it is necessary to provide the multiple use, the uses of water resources, disciplined by the national water resources Policy and creates National system of water resources management (Law No.9.433/1997), are subject to the granting of rights of use.

The granting of water resources use aims to ensure quantitative and qualitative control of the uses of the water and the effective exercise of rights of access to water.

Therefore, the several demands for water uses require permission of the licensing authority in order to increase or decrease flows or volumes of water at a particular point of capture in the water body, as the domestic and industrial water supply or irrigation of crops, or modify its original features, like the original flow. Other uses of water resources, such as aqua culture or the release of effluents, are also subject to the granting of rights to use.

The Grant is an instrument that ensures the granted the right of use of surface water or groundwater or the release of effluents or changes to the original features of the waterbody for a certain period of time (from 10 to 20 years).

Who needs a water grant?

In accordance with article 12 of law No. 9.433/97, the uses subject to grants are:

I. Water usage for final consumption, including public supply or input of production process;
II. Aquifer water extraction to final consumption or input of production process;
III. Sewage disposal and other liquid and gaseous waste, treated or not, for the purpose of diluted, transportation or disposal;
IV. Use of hydroelectric potential;
V. Other uses that changes the quantity or the quality of the water body.

According to the legislation there are uses that do not require grants:

I. The use of water resources for the needs of small settlements, distributed in rural areas;
II. The derivations, captures and releases considered insignificant;
III. The accumulations of water volumes considered insignificant.

Who requires a water resources grant?

It is up to the Environmental Agency (Federal Government, State or Federal District) to judge applications for grants concerning the availability of water in quantity and quality, so that the application be granted. The grant is issued by ANA – National Water Agency, or by the State Agency.

And if you don’t have a water grant?

The granting for water resources use is necessary for the environmental licensing of enterprises that need to make use of water resources and constitutes infringement using water resources without their grants as well as drill and operate wells for ground water extraction without proper authorization.

How Can Master Ambiental helps?

With a multidisciplinary team trained for the development and technical support of the application for water use granting, Master Ambiental provides support for the environmental legislation applied to your business.

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