Portugal declares Water Management of Public Ownership ...... as it should be !!

Legislation day.  Portugal. waters

• By  Amparo Sereno , www.actualidadjuridicaambiental.com
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Law No. 44/2017 of 19 June, which alters the Water Law

Author : Amparo Sereno. Professor of Environmental Law at the Autonomous University of Lisbon (UAL, Portugal)

Source:  "Diary of the Republic" (DR) 1st Series - # 116 - June 19, 2017, which alters the Water Law

Key issues:  water; water resources; catering; sanitation

Summary:  Through this Act the fifth alteration of the Water Law, Law No. 58/2005, of 29 December is performed. 

It had already been modified by the following "Decree-Leis" (DL): DL 245/2009, of 22 September, No. 60/2012 DL, of 14 March, No. 130/2012 and DL of 22 of June. Furthermore last year the Water Act was changed by Act 42/2016 No. of 28 December.

Specifically, the alteration made is the addition of a new principle nine already contained in Article 3 # 1 of Law No. 58/2005, dated 29 December, with the aforementioned modification happens to have ten principles . 

The new was added to the line b)  of No. 1 of that article and is called the  "principle of public water management".

The same  will be applied imperatively all "INTERMUNICIPAL systems"  (systems of public water supply and wastewater sanitation operating in two or more municipalities). 

This alteration apparently tiny in the text of the law, will have a huge impact on all entities managing water supply and sanitation  because these activities can not be carried out by private entities, at least exclusively. 

That is, based on this principle and always concerned supply and public sanitation,  only a public entity may hold its management.

Effective date:  June 24, 2017.

Affected standards:  it was Law No. 58/2005 altered of 29 December.

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