What should the state guarantee with respect to water rights?
The scarcity of water will increase its price and also the level of regulation and competition among the parties interested in accessing it, so that, in order to continue operating, companies in most sectors will have to learn to do more with less.
Other risks arising from water management may include, for example, community conflicts, the possibility of losing operating licenses, exposure to legal action, deterioration of brand image, problems with stakeholders, or the possibility of not continuing or limiting business growth.
The guide gives as an example the case of General Motors which, faced with the droughts in Brazil in 2015 that caused water and electricity costs to skyrocket, responded by betting more on water conservation and taking measures in favor of energy efficiency.
Another example is that of The Coca-Cola Company, which had to abandon its project to build a bottling plant in India due to strong opposition from local farmers who feared that the company would cause a decline in the geographical layers of the area.
Fundamental aspects of the right to water
Article 1°.- (Purpose) The purpose of this Law is to establish the rules that regulate the provision and use of Drinking Water and Sanitary Sewerage Services and the institutional framework that governs them, the procedure for granting Concessions and Licenses for the provision of services, the rights and obligations of providers and users, the establishment of the principles for setting Prices, Tariffs, Rates and Fees, as well as the determination of infractions and penalties.
Article 3°.- (Basic Sanitation) The Basic Sanitation sector includes the following services: drinking water, sanitary sewage, sanitary disposal of excreta, solid waste and storm drainage.
Article 6°.- (Sector Regulation System) The Drinking Water and Sanitary Sewerage Services of the Basic Sanitation Sector are incorporated into the Sector Regulation System (SIRESE) and are subject to the provisions contained in Law No. 1600, Law of the Sector Regulation System, of October 28, 1994, its regulations and the present Law and its regulations.
Water for personal and domestic use must be safe and acceptable.
Specific obligations related to access to safe drinking water and sanitation have also been increasingly recognized in the main human rights treaties, primarily as part of the right to an adequate standard of living and the right to health, and derive from obligations to promote and protect other human rights, such as the right to life, adequate housing, education, food, health, work and cultural life.
The water supply for each person must be continuous and sufficient to cover personal and domestic uses, including drinking, washing clothes, food preparation, and personal and domestic hygiene. Other domestic uses of water, such as water for swimming pools or gardening, are not included in the right to water.
Water for personal and domestic use must be safe and acceptable. Water must be free of microbes and parasites, as well as chemical and radiological substances, which may constitute a threat to human health. The water must also have an acceptable color, odor and taste, so that people do not resort to other sources that may appear more attractive but are contaminated. These requirements apply to all sources of supply, such as tap water, water from cisterns, water purchased from a supplier and protected wells.
The right to water entails benefits such as are fulfilled in our community.
That, Law No. 30045, Law for the Modernization of Sanitation Services, amended by Legislative Decree No. 1240, established measures aimed at increasing coverage and ensuring the quality and sustainability of sanitation services at the national level, promoting development, environmental protection and social inclusion;
1. Establish the rules governing the provision of sanitation services at the national level, in urban and rural areas, in order to achieve universal access, quality assurance and the efficient and sustainable provision of these services, promoting environmental protection and social inclusion, for the benefit of the population.
Universal access: Access to sanitation services, in conditions of efficiency, sustainability and quality, is the right of every person and it is the obligation of the State to ensure its provision through providers that offer services in such conditions.
3. Social inclusion: The plans, programs and actions of the State at all levels and sectors of government are framed in the policy of promoting development and social inclusion, with special emphasis on reducing the infrastructure gap of sanitation services and access of the poor population, especially in rural areas, to such services, in conditions of efficiency, sustainability and quality.