Outorga de poço tubular profundo para abastecimento público de água: uma síntese nos Estados de Pernambuco, Goiás, São Paulo, Paraná, Rondônia e um roteiro para a regularização no Estado do Rio de Janeiro

Abstract

With the enactment of the Federal Constitution of 1988 and Water Law in 1997, a new legal framework emerged in Brazil, where all water bodies in the country became state or federal and management began to take into account supply, demand, the quality and the multiple uses of water. Management tools were also created for the implementation of the National Water Resources Policy (PNRH): water resources plans, classification of water bodies into classes, according to prevailing uses, granting rights to use water resources, charging for the use of water resources and the information system for water resources. The grant, the purpose of this study, has the aim of guaranteeing the quantitative and qualitative control of multiple water uses and the effective exercise of access rights by users. The main objective of this study was to make a synthesis of the instrument granting for groundwater extraction through the use of deep tubular well for public water supply and also to contribute to reduce two gaps in the governance of the waters pointed out by the OECD: The information gap and capacity gap. The methodology adopted was documentary research encompassing the following topics: legal framework, state councils and their resolutions on grants and groundwater, management bodies, criteria for non-significant uses, technical and administrative procedures to request grants, modalities of grant and types of administrative acts of granting concessions. The States that were the object of the survey were: Pernambuco, Goiás, São Paulo, Paraná and Rondônia, after applying the criterion of most populous state, precursor in the issuance of grants and with a greater number of years in the issuance of grants in 10 years period. It was possible to identify that most of the Water Resources Plans do not have reference flows for the calculation of the underground water resources and still less the quantification of the recharges and reserves of the aquifers in their hydrographic basins, impacting the granting and contrary to one of the objectives of the National Water Resources Policy that advocates the rational and integrated use of the same. As for the State Councils for Water Resources, the low number of Groundwater Technical Chambers was notorious, and where they are mainly concerned with trivial matters, superficially addressing issues of interest to groundwater. The result of the work is a roadmap for the correct registration of the use in the National File of Users of Water Resources (CNARH) through the Federal System of Regulation of Use (REGLA) platform and also a roadmap for the regularization of water use in the State of Rio de Janeiro.