WATER

Water's mainly legislation analysis

    In Brazil, there is such legislation about water:
- Brazilian Federal Constitution, art. 22, IV;
- Decree nº 24.643, July 10th 1934 (Water Code);
- Brazilian Civil Code, art. 66,I;
- Federal Law nº 9.433, January 08th, 1997 (Water Law).
    The Federal Constitution says that “the Union is the only one that is competent to legislate about water”, but besides of the constitutional legislation, there is also the supplying competence of the States and Towns for legislating about water.
Moreover, pollution problems are bigger than Towns, States and also Countries frontiers, reaching places distant from the polluter font, what makes the trying of decreasing it not functional without the help of all the involved, and also the civil society, as is said by São Paulo’s State’s Constitution.
    The Law nº 7.663/91, from São Paulo, instituted the State Politics of Hydrical Resources and the Integrated System of Hydrical Resources Management, recognizing the hydrical resource as a public good of economical value, and also says about the payment for its use.
    The Federal Law nº 9.433/97 instituted the National Politics about Hydrical Resources, created the National System of Management of Hydrical Resources and classified water as public domain, a limited natural resource and with an economical value. It also institutes the granting rights about hydrical resources use, objecting guaranteeing the quantitative and qualitative control of water use and the effective exercise of the rights for accessing water. And it finally talks about the Hydrographicals Bowls Committees.