P.R. Laws tit. 12, § 1115j

2019-02-20 00:00:00+00
§ 1115j. Substitution of sources

(a) Permits and franchises for the use of waters constitute authorizations to utilize and extract certain specific quantities of water and not a right over a source. The Secretary may substitute the source of supply of a user provided he guarantees to the latter waters of quality and in quantity comparable to those he is using. Likewise, and in order to protect bodies of water which at the time this act is approved require special attention, the Secretary may satisfy water rights acquired under the previous law by the utilization of other sources that provide the supply needed by their possessors. The costs corresponding to the substitution of sources shall be determined by the Secretary, or on his petition, by the Court of First Instance and shall be paid by the Commonwealth of Puerto Rico. The Secretary may transfer, in whole or in part, to the party benefited by the substitution the costs corresponding thereto.

(b) For the purposes of substituting sources, the Secretary may establish time limits and other reasonable conditions that may permit the enjoyment of vested rights and protect the public interest.

(c) Nothing provided herein imposes on the Government of the Commonwealth an obligation to guarantee the quality or quantity of waters whose utilization it authorizes.

History —June 3, 1976, No. 136, p. 390, § 11.