As Chile grapples with prolonged droughts and increasing water scarcity, desalination has emerged as a critical solution. However, despite growing interest and investment, the sector faces significant legal and regulatory obstacles that could slow its expansion.
In an interview with BNamericas, lawyers José Miguel Hernández and Fernando Villanueva from Grupo Evans outlined the complex legal landscape surrounding desalination in Chile. They emphasized that while the country has made strides in recognizing desalination as a strategic water source, regulatory clarity and institutional coordination remain lacking.
Key Legal Challenges
- Ownership and Water Rights: One of the most pressing issues is the legal status of desalinated water. Current laws do not clearly define whether desalinated water is public or private, complicating its integration into existing water rights frameworks.
- Permitting Complexity: Developers face a fragmented permitting process, involving multiple agencies with overlapping responsibilities. This leads to delays and uncertainty for investors and operators.
- Environmental Regulations: While environmental oversight is essential, the lack of standardized criteria for desalination projects—especially regarding brine discharge and marine impact—adds further complexity.
- Institutional Gaps: There is no single authority overseeing desalination, which results in inconsistent policy application and limited strategic planning.
Opportunities for Reform
The experts suggest that Chile needs a comprehensive legal framework tailored to desalination. This would include:
- Clear definitions of water ownership and usage rights.
- Streamlined permitting processes.
- Harmonized environmental standards.
- A central regulatory body to coordinate desalination policy.
Such reforms would not only accelerate project development but also ensure sustainable and equitable access to desalinated water, particularly in mining regions and drought-prone communities.
Looking Ahead
Chile’s reliance on desalination is expected to grow, especially as climate change intensifies water stress. Addressing legal and regulatory hurdles now will be key to unlocking the full potential of this technology and securing long-term water resilience.
(Source: BN Americas)