BACKGROUND: Part I: History of the Declaration of San Rafael de Heredia of November 27, 1991
25 February 2004, the Constitutional Chamber of the Supreme Court of Justice issued Vote No. 2004-01923 which is an important precedent for the defense those counties with aquifer vocation. Following the summary of the Judgement of the Remedy: THE
PARTIES: Tuesday, September 23, 2008
If Im In The Shower War Can I Masterbait Wit?
Appeal was filed under the Committee for Construction of Private No Linda Vista, San Juan del Sur de Poas, against the Ministry of Environment and Energy, the Costa Rican Institute of Aqueducts, the National Institute Housing and Urban Development, the National Ground Water, Irrigation and Drainage and the Municipality of Poas.
BEING:
I. - SCOPE OF REMEDY.
policy, as allowed construction in small batches, in a development project or housing development high concentration and density, has a system of individual septic tanks, located on the recharge-discharge zones of the aquifer of Poas that caters to various communities area and, presumably, some areas of the western Central Valley, which is put at serious risk of pollution, their special vulnerability. Moreover, because those decisions were not considered a series of reports and technical and scientific advice which showed a series of contradictions with those provided by the manufacturer to justify the project.
II .- coadyuvancia.
The Appeal was supported under the Community Development Associations Carrillos, San Juan del Sur, Santa Rosa, San Juan Norte, Barrio San Francisco, La Unión Canton, Calle Liles, Carrillos Alto, San Rafael, Chilamate, Guatuza, Barrio Santa Cecilia, Calle San José, Barrio Guadalupe, who joined the process.
For its part, the legal representative of Construction Vega & Vega applied for intervener passive.
II .- proven facts.
Constituional
The Board had the demonstrated:
2) in Canton Poas locate aquifers and aquitards of great importance for potable water supply to communities in the area
3) 90% of Canton Poas be characterized by a zone of high vulnerability (sensitivity of aquifers to be contaminated), with the exception of a very small area located to the Southwest
5) in Canton Poas is located the aquifer of the same name, multilayer type where alternate layers of semipermeable tuff lavas of varying thicknesses that are suitable areas for storage of groundwater, which are captured by wells and springs.
6) The aquifer of Poas has very heterogeneous and consists of a series of unconfined aquifers, hung, stratified, discontinuous, consisting of intercalated pyroclastic and lava that are part of the massif of the Poas Volcano and have transmissivities of between 5 and 1482 meters square day, the wells have depths of 57 to 170 mbns, the static level is between 20 and 50 meters mbns and production of 1.1 to 12 l / s.
7) The recharge zone of the aquifer of Poas has a very high vulnerability to pollution by the construction of housing developments with septic tanks for each house. This was due to the type of rock outcrop (fractured lavas, pyroclastics and thin thickness of recent volcanic ash), the recharge is almost immediately after rainfall or through the vertical flow of water-saturated tuff semipermeable 
8) The construction company Vega & Vega SA, aims to develop a development project called the Linda Vista Urbanization in San Juan South San Pedro de Poas on land owned by Miguel Angel Hidalgo Saborío and Rita Maria Rojas Castro with an area of \u200b\u200b64085.65 square meters, 9) The Urban Project Linda Vista is located in the area of \u200b\u200brecharge-discharge of the aquifer of Poas:
IV .- ACTS NOT TESTED.
not demonstrated: 1) That there is absolute scientific certainty and technique in the sense that a high density development project with septic tanks or treatment plants and black wastewater does not pollute, degrade or affect the Aquifer Poas and loading and unloading areas.
2) The mine has proceeded to establish the perimeters of protection of recharge areas and uptake of the aquifer of Poas. 3) The mine has implemented reforestation programs in the areas of recharge and discharge of ground water from Poas.
4) The mine has established areas where logging is prohibited or removing trees in areas of protection of springs, headwaters and recharge areas of aquifers from Poas. 5) The mine has developed a strategic plan for the protection and sustainable and rational exploitation of water resources in Canton Poas.
6) The mine has developed and enacted, with the assistance of SENARA and ICAA, regulations on inventory management and categorization of aquifers, according to criteria of vulnerability of their recharge areas, quality and strategic value of groundwater-type, spring flow and quality-as-and-wells-existing production as the Poas Canton.
7) The ICAA has been defined in areas near existing wells and springs in the Poas Canton, perimeter protection which prohibits any type of facility, building or human activity. 8) That the ICAA has coordinated actions with the INVU to definitively establish the latter body alignment.
9) That the ICAA has been selected, located and therefore, inventoried and categorized the water for plumbing services in the Poas Canton. 10) That the ICAA has built treatment plants and black wastewater from public sewer is not discharged into the catchment areas of Canton Poas.
11) That has been produced and made SENARA mapping vulnerability of aquifers in the Canton Poas.
12) That the Board has issued SENARA agreements to recover, expropriate or buy the land on which to sit or water underlies the Poas Canton; 
8) The construction company Vega & Vega SA, aims to develop a development project called the Linda Vista Urbanization in San Juan South San Pedro de Poas on land owned by Miguel Angel Hidalgo Saborío and Rita Maria Rojas Castro with an area of \u200b\u200b64085.65 square meters, 9) The Urban Project Linda Vista is located in the area of \u200b\u200brecharge-discharge of the aquifer of Poas: IV .- ACTS NOT TESTED.
not demonstrated: 1) That there is absolute scientific certainty and technique in the sense that a high density development project with septic tanks or treatment plants and black wastewater does not pollute, degrade or affect the Aquifer Poas and loading and unloading areas.
2) The mine has proceeded to establish the perimeters of protection of recharge areas and uptake of the aquifer of Poas. 3) The mine has implemented reforestation programs in the areas of recharge and discharge of ground water from Poas.
4) The mine has established areas where logging is prohibited or removing trees in areas of protection of springs, headwaters and recharge areas of aquifers from Poas. 5) The mine has developed a strategic plan for the protection and sustainable and rational exploitation of water resources in Canton Poas.
6) The mine has developed and enacted, with the assistance of SENARA and ICAA, regulations on inventory management and categorization of aquifers, according to criteria of vulnerability of their recharge areas, quality and strategic value of groundwater-type, spring flow and quality-as-and-wells-existing production as the Poas Canton.
7) The ICAA has been defined in areas near existing wells and springs in the Poas Canton, perimeter protection which prohibits any type of facility, building or human activity. 8) That the ICAA has coordinated actions with the INVU to definitively establish the latter body alignment.
9) That the ICAA has been selected, located and therefore, inventoried and categorized the water for plumbing services in the Poas Canton. 10) That the ICAA has built treatment plants and black wastewater from public sewer is not discharged into the catchment areas of Canton Poas.
11) That has been produced and made SENARA mapping vulnerability of aquifers in the Canton Poas.
13) That the SENARA been coordinated, effective, actions with MINAE, the ICAA and to INVU provide advice, studies and hydrogeological map of underground aquifers in the Canton Poas to plot, setting and aligning definitely the perimeters of protection of recharge and discharge areas.
14) That the INVU have drawn accurately, based on information provided by MINAE SENARA and IICA, the alignments of the perimeters to protect areas bordering on the springs and permanent springs, aquifers and recharge areas of these existing in Canton Poas.
15) That the INVU has developed and enacted, with the omission of the City of Poas, a regulation on the restriction of land use in areas of protection of recharge and discharge areas of aquifers, wells, springs and existing wells in Canton Poas.
16) That the City of Poas has been developed and approved as part of a master plan, a zoning ordinance to set aside protected areas or locations, including mapping, hydrogeological maps and alignments of protection and vulnerability-that have made other local- springs, springs, aquifers and their recharge areas exist in the Canton. 17) That the City Council has included Poas zoning of protected or reserved areas, restrictions or limitations on human activity, whether urban, agricultural, commercial or industrial to avoid the eventual sealing of the soil and groundwater contamination and, therefore, springs, springs and wells Canton.
18) That the City of Poas has built its own initiative or in partnership with the ICAA, treatment plants and black wastewater from public sewer not be discharged into the catchment areas of Canton.
19) That the City of Poas has reforested areas for loading and unloading of aquifers existing in Canton.
V. - GROUNDWATER.
called surface waters run along the earth's crust and can be leveraged on a common or special. For their part, the groundwater is below the surface occupying the empty spaces in the soil or rocks, their most important source are the rains that leach into the soil. The consumption and use of groundwater on the surface, presents qualitative and quantitative benefits obvious and clear as the following: a) The investment for the extraction and exploitation groundwater drinking is done in a phased manner depending on the increase in service demand and catchment areas can be located close to where the demand occurs, all of which reduce the costs of handling, treatment and storage, b) physico-chemical nature of groundwater is more constant than the surface and clean with little or no treatment; c) the soil or rocks exist on groundwater are more protected from contamination from natural or man; d) changes in quantity and availability in dry seasons and rainfall is minimal compared to surface water; e) constitute a strategic reserve to deal with states of emergency for public disaster, internal disturbances (eg. earthquakes, hurricanes, volcanic eruptions, etc.) or war.
VI .- GROUNDWATER AND RIGHTS. V. - GROUNDWATER.
called surface waters run along the earth's crust and can be leveraged on a common or special. For their part, the groundwater is below the surface occupying the empty spaces in the soil or rocks, their most important source are the rains that leach into the soil. The consumption and use of groundwater on the surface, presents qualitative and quantitative benefits obvious and clear as the following: a) The investment for the extraction and exploitation groundwater drinking is done in a phased manner depending on the increase in service demand and catchment areas can be located close to where the demand occurs, all of which reduce the costs of handling, treatment and storage, b) physico-chemical nature of groundwater is more constant than the surface and clean with little or no treatment; c) the soil or rocks exist on groundwater are more protected from contamination from natural or man; d) changes in quantity and availability in dry seasons and rainfall is minimal compared to surface water; e) constitute a strategic reserve to deal with states of emergency for public disaster, internal disturbances (eg. earthquakes, hurricanes, volcanic eruptions, etc.) or war.
The issue of groundwater is closely linked to several fundamental rights enshrined in the Constitution and international human rights instruments. Our Constitution, in Article 50, states the right to a healthy and ecologically balanced environment, which is achieved, among other factors, through the protection and preservation of the quality and quantity of water for human use and consumption and to maintain ecological balance in the habitats of flora and fauna (eg. wetlands) and, in general, the biosphere as common heritage of mankind. Shortages, lack of access or availability and pollution of the precious liquid causes the impoverishment of peoples and social development in limited proportions. Consequently, protection and exploitation of underground water reservoirs is a strategic obligation to preserve life and health of humans and, of course, for the proper development of any people.
In another ideas, has now recognized the duty to preserve for future generations, an adequate standard of at least equal to the inherited (sustainable development), so that present needs should be met without compromising the ability of future generations to do so themselves (Principle 2 of the Declaration of the United Nations Conference on the Human Environment, Stockholm, 1972). In essence, water, from an economic and ecological, is a precious commodity because it is indispensable to any human activity (industrial, agricultural, domestic, commercial, services, etc..) 
as energy source raw material, via transport, recreation and support constitutive element for the maintenance of natural ecosystems, clean water use and compatible with the environment.
as energy source raw material, via transport, recreation and support constitutive element for the maintenance of natural ecosystems, clean water use and compatible with the environment. VII .- Nature and Legal Regime of groundwater aquifers and recharge areas: public domain.
In our legal system there is no single systematic and coherent body of law governing the protection globally, extraction, use, management and efficient management of water resources. Additionally, little existing legislation focuses predominantly on surface water bypassing the ground. As is common and inherent to the Administrative Law can be seen in this area a dispersal policy and a fragmented, chaotic and ambiguous sectoral rules governing specific aspects being serious gaps and contradictions, all of which also makes it difficult, seriously, environmental management by public authorities in charge of the matter. Obviously, little regulation of groundwater is no exception to the rule mentioned above.
VIII .- aquifers, recharge areas and downloads.
The aquifer is a layer or training geology (unconsolidated deposits of loose materials such as sand, gravel, mixtures of both sedimentary rocks such as limestone, volcanic rocks, etc.) which allows the movement of water through their pores and cracks, so that human beings could be exploited in economically significant quantities to meet their needs.
In a very broad sense, the aquifers are geological formations that contain water, have content and which water flows or flows. Two of the hydrogeological parameters to define the operation of an aquifer-relationship between recharge and discharge water extraction, are the porosity or permeability-conductivity Hydraulic-and storativity.
IX .- aquifers TYPES IN COSTA RICA.
In our country there are two kinds of families of aquifers: a) Volcanic or cleft, formed in igneous rocks (volcanic and intrusive), represented
as the larger and better quality b) Sedimentary formations or granular surface.
Regarding the first type should be noted that the igneous rocks, of course, have no permeability, high porosity have originated in the presence of fractures or cracks caused by cooling or tectonic events (faults related areas) with the ability to acquire hydrogeological. This type of aquifer comes in highland areas where rainfall is particularly high and there are volcanic rocks, known and studied examples of these are the Central Valley aquifer (eg. Colima and Barva Upper and Lower). From the perspective of hydrogeology, our country provides ideal conditions for the operation and exceptional sound and measured groundwater, since the Central Volcanic Range consists of volcanic soils with high natural infiltration capacity, provided they have not been compacted or eroded by human activities, which play a key role in regulating surface water runoff and groundwater recharge. The high permeability of fractured lava flows and breccia and high rainfall conditions favor the formation of high potential aquifers . The existing tuffs, in turn, behave as low-permeability rocks that allow the formation of aquitards that are the base of the aquifer and allow the vertical transfer of water between them.
The location and geomorphology of the Central Volcanic Mountain Range, with all its aquifers, is a prime source of water to meet the needs of at least half the population, including the Greater Metropolitan Area and surrounding populations.
The use of groundwater in this area is via uptake wells or springs for domestic, industrial, agricultural.
X. - GROUNDWATER CONTAMINATION.
Unlike pollution of surface water is usually clear and visible 
ble, which allows you to take environmental actions designed to mitigate or eradicate the groundwater, by its very nature, often unnoticed and is evident when it has reached major proportions. Aquifers by the slow movement of water absorption capacity of land and other factors, can take a long time to show contamination. Additionally, the large volume of water content causes extensive pollution take a long period to manifest or when contamination is detected when localized flow operating somewhere. Certainly, this water has a resistance to contamination, but when this occurs your feedback can be extremely slow and sometimes it is irreversible for the high cost of means. There is evidence that attempts to repair the damage caused by contamination to an aquifer to achieve, again, levels of drinking water have not been successful for cleaning technologies have done little to reduce the damage and the methods are economically very high.
ble, which allows you to take environmental actions designed to mitigate or eradicate the groundwater, by its very nature, often unnoticed and is evident when it has reached major proportions. Aquifers by the slow movement of water absorption capacity of land and other factors, can take a long time to show contamination. Additionally, the large volume of water content causes extensive pollution take a long period to manifest or when contamination is detected when localized flow operating somewhere. Certainly, this water has a resistance to contamination, but when this occurs your feedback can be extremely slow and sometimes it is irreversible for the high cost of means. There is evidence that attempts to repair the damage caused by contamination to an aquifer to achieve, again, levels of drinking water have not been successful for cleaning technologies have done little to reduce the damage and the methods are economically very high. XI .- GROUNDWATER CONTAMINATION
IN THE CENTRAL VALLEY OF COSTA RICA
. The main threat of contamination of ground water in Costa Rica and, therefore, groundwater is constituted by two factors: 
10) The population growth and urban sprawl on recharge areas, phenomena that generate leachate from solid and liquid wastes from households and industry, inability to infiltrate the soil, sealing of recharge areas and the overexploitation of aquifers; 11) The use of agrochemicals in intensive farming of coffee, bananas, cotton, ornamentals and
12) Waterproofing recharge areas due to changes in land use, deforestation and cattle ranching.
In the case of aquifers that supply the greater metropolitan area (Upper and Lower Colima, La Libertad and Barva) have seen evidence of any impact of bacteriological contamination, and increased industrial nitrates, urban sprawl and intensive agriculture in the recharge areas. With regard to nitrates, despite good physical-chemical and bacteriological water, has detected a trend of increasing nitrate concentrations, down hydraulic gradient, indicating that groundwater is being affected, directly or indirectly, by the discharge of septic tanks and the use of nitrogen fertilizers used in vegetables and coffee 
10) The population growth and urban sprawl on recharge areas, phenomena that generate leachate from solid and liquid wastes from households and industry, inability to infiltrate the soil, sealing of recharge areas and the overexploitation of aquifers; 11) The use of agrochemicals in intensive farming of coffee, bananas, cotton, ornamentals and 12) Waterproofing recharge areas due to changes in land use, deforestation and cattle ranching.
. Likewise, it has detected an over-exploitation of groundwater extractions concentrated thus causing a decrease in water levels and flow of springs and eventual sealing of the recharge areas of aquifers to be located in the fastest growing urban areas with rapid housing development by housing developments, whose effects, as estimated, would be significant if waterproofing an area greater than 20% of the recharge area.
Because of the nature of the contamination of ground water for public supply and its difficult regeneration, measures to prevent contamination should be preventive and protective mediante la prohibición de ciertas actividades humanas en determinadas zonas u ordenando medidas de seguridad sobre ciertas actividades potencialmente contaminantes
. Nuestro ordenamiento jurídico-administrativo (legislación, reglamentos y decretos) carece, lamentablemente, de una regulación precisa, clara y completa para la protección de los mantos acuíferos, zonas de recarga y áreas de captación de aguas subterráneas. La escasez y degradación de las condiciones naturales del recurso hídrico imponen la posibilidad administrativa de adoptar tales medidas para evitar su agotamiento o deterioro irreversible y de superar, temporalmente, los efectos nocivos que pueda generar una crisis hídrica. Este tipo de medidas pose various restrictions and administrative controls on the multiple uses dramatic or use water-especially general or special private-and existing activities which may affect the action as justified in the public interest and therefore do not affect property rights or the integrity of heritage. In essence, such measures must be reputable and limitations of social interest that do not empty property rights or expand the public domain without prior groundwater allowance but its essential shape and should therefore be supported, being slaughter or general cargo, for all users which ultimately are the beneficiaries of the latter, both are designed to correct a temporary situation of shortage or imminent pollution affects the economy of water resources in a given area. Such intervention by administrative measures, virtually contained in Articles 32 of the Water Act 1942 and Regulation 10 ° Drilling and Exploitation of Groundwater (Executive Order No. 30387 of April 29, 2002) may be: a) Perimeter protection of aquifers: One of the most innovative in the protection of water resources is the definition of perimeter protection to conserve the resource and its environment. This measure of administrative intervention aims to preserve the quality and quantity of water contained but also the continent, namely the geological formation called the aquifer. This activity is to design and draw a demarcation on the surface it sits on an aquifer or part thereof, in establishing a system using domain-specific hydro-management and restriction of existing water concessions, impairment provide new-and-control facilities and activities that may affect it, through authorizations-(v. gr. mines, quarries; urban activities include septic tanks, cemeteries, landfills, storage, transport and treatment of solid and liquid waste, agricultural livestock operations with warehousing and distribution of fertilizers and pesticides, irrigation with sewage and farm, industrial activities, storage, transport and treatment of oil and gas, chemical, pharmaceutical and radioactive materials, food industries and abattoirs, etc.). Obviously, the definition of perimeter by national authorities, mine and ICAA, must be respected by local governments (municipalities) and INVU (given its residual jurisdiction on urban planning in the absence of local regulatory plans) for compatibility, to develop and effectively reflect the conditions established in the definition of protection zones in the rules contained in the respective regulatory plans on land use or land use (eg . zoning ordinance, construction, etc.). Obviously, the above should be added protection around the catchment areas (well-PPP: perimeter-protection of wells, springs, springs, etc .-), by defining an area around in which prohibit or limit certain human activities regulated or controlled land use. The determination of the scope depends on the catchment area or load well (ZOC) and its extension depends on the characteristics and properties of the catchment and recharge ground, since the rules can not be the same for the case permeable or fissured land than for those who have the impermeable. The definition of perimeter must be combined with vulnerability or susceptibility mapping natural aquifers supply to anthropogenic pollution loads, depending on hydrogeological and geochemical characteristics, to anthropogenic pollution problems, which is achieved by lifting maps. Sendas measures, perimeter protection and vulnerability mapping are ideal time to relocate to a particular type of activity, the source of supply or, ultimately, to introduce methods and technical tools for treatment and disposal of pollutants. Measures to be taken from the perimeter and mapping vulnerability vary depending on whether one (a) unoccupied land area, making it useful to define the future activities that can be installed or not, (b) areas already occupied, which case it makes a natural vulnerability mapping and the areas most prone to contamination, being able, with the threat of a high rate of contamination, relocating activities, sources of supply and introduce technology for treatment and disposal of contaminants, (c) and contaminated areas, for which they may seek alternative sources, prevent the spread of pollution plumes and, if possible, because of its high cost, to treat water from the aquifer after extraction, (d) areas for new deposits, in which case you must inventory of potentially polluting activities and the impact area each of them.
b) Statement of overexploited aquifers, aquifer overexploitation occurs when withdrawals or uses are so intensive and high-discharge-volume exceeding recharge, so that the aquifer's water reserves are diminished progressively degraded. Overfishing causes adverse economic effects and natural among the first, users can experience the rising costs of extraction, more energy to flow the same amount of water or expenses reprofundizar a well to reach the level of water-depletion wells located in the peripheral areas of the aquifer and the highest concentration of leakages between the effects of natural, is the decline in flows water in springs, rivers, streams, creeks, ponds, lakes and wetlands thereby endangering their existence and involvement of the capacity of geological formations - aquifers - water storage by decreasing the interstitial space in rocks for lack of internal pressure that provides water, land subsidence due to compaction, with alteration of the aquifer, cracking and shifting of slopes. In the event of overexploitation of the aquifer, the competent administrative authority may declare that state to reverse the status quo through a management, restriction and distribution of extractions or uses incumbent to achieve a rational and immediate suspension of new applications or changes pending at the time concessions. Of course, it also can be implemented cost saving measures and good use of resources and treatment and treatment of wastewater for reuse in irrigation of certain crops, drip irrigation or night to alleviate the effects of evapotranspiration, artificial recharge, etc. .. c) Declaration of aquifer saltwater intrusion process: It is estimated that an aquifer is in the process of salinization when, as a direct result of removals are recorded widespread and progressive increases salt concentration of water abstracted thus in danger of becoming unusable. Salinization is a reduction of thickness of the layer of fresh water under which the sea water rises, so that the well water is no longer drinking and even unfit for domestic use or irrigation, aquifer recovery being very difficult or almost impossible. This problem can occur in our country, especially in coastal aquifers overexploited marine-source intrusion-gradually or widespread, but not be ruled out elsewhere, the intrusion of continental origin. The cause of saltwater intrusion is in a holding irrational or over-exploitation, so measures must be implemented similar to those provided for when the problem occurs such as management, restriction and allocation of land use or uses existing and new applications suspension or modification of concessions.
d) Statements of need and water crisis: In abnormal circumstances, exceptional and short-term causing a public nuisance or internal disturbances (eg. Extraordinary droughts, severe overexploitation of aquifers or their widespread saline intrusion), the state-through the executive branch, and based on the principle of need, can take the necessary measures and appropriate concerning the use of public water to overcome this state of things or avoid getting worse. When the state of necessity ceases and normalcy is restored can take other measures as outlined above (perimeter protection, declaration of overexploited aquifers or in the process of salinization).
b) Statement of overexploited aquifers, aquifer overexploitation occurs when withdrawals or uses are so intensive and high-discharge-volume exceeding recharge, so that the aquifer's water reserves are diminished progressively degraded. Overfishing causes adverse economic effects and natural among the first, users can experience the rising costs of extraction, more energy to flow the same amount of water or expenses reprofundizar a well to reach the level of water-depletion wells located in the peripheral areas of the aquifer and the highest concentration of leakages between the effects of natural, is the decline in flows water in springs, rivers, streams, creeks, ponds, lakes and wetlands thereby endangering their existence and involvement of the capacity of geological formations - aquifers - water storage by decreasing the interstitial space in rocks for lack of internal pressure that provides water, land subsidence due to compaction, with alteration of the aquifer, cracking and shifting of slopes. In the event of overexploitation of the aquifer, the competent administrative authority may declare that state to reverse the status quo through a management, restriction and distribution of extractions or uses incumbent to achieve a rational and immediate suspension of new applications or changes pending at the time concessions. Of course, it also can be implemented cost saving measures and good use of resources and treatment and treatment of wastewater for reuse in irrigation of certain crops, drip irrigation or night to alleviate the effects of evapotranspiration, artificial recharge, etc. .. c) Declaration of aquifer saltwater intrusion process: It is estimated that an aquifer is in the process of salinization when, as a direct result of removals are recorded widespread and progressive increases salt concentration of water abstracted thus in danger of becoming unusable. Salinization is a reduction of thickness of the layer of fresh water under which the sea water rises, so that the well water is no longer drinking and even unfit for domestic use or irrigation, aquifer recovery being very difficult or almost impossible. This problem can occur in our country, especially in coastal aquifers overexploited marine-source intrusion-gradually or widespread, but not be ruled out elsewhere, the intrusion of continental origin. The cause of saltwater intrusion is in a holding irrational or over-exploitation, so measures must be implemented similar to those provided for when the problem occurs such as management, restriction and allocation of land use or uses existing and new applications suspension or modification of concessions.
d) Statements of need and water crisis: In abnormal circumstances, exceptional and short-term causing a public nuisance or internal disturbances (eg. Extraordinary droughts, severe overexploitation of aquifers or their widespread saline intrusion), the state-through the executive branch, and based on the principle of need, can take the necessary measures and appropriate concerning the use of public water to overcome this state of things or avoid getting worse. When the state of necessity ceases and normalcy is restored can take other measures as outlined above (perimeter protection, declaration of overexploited aquifers or in the process of salinization).
XIII .- LEGAL PROTECTION OF GROUND WATER IN COSTA RICA
.
Article 31 of the Water Act No. 246 of August 27, 1942, declared as "retention of title in favor of the Nation" as follows: "a) the land surrounding the sites of capture or take drinking fountains in a perimeter at least two hundred meter radius, b) The forest area to protect or to protect the whole land in which it occurs potable water infiltration (...)". This declaration is of utmost importance, since from it comes the obligation of the State, through its competent bodies to set and determine the areas of perimeter protection wells or catchment areas from 200 meters and Of course, the recharge areas of aquifers-area in which "there is infiltration of drinking water" - that have or should have a forest cover for protection that are so sensitive to their conservation and protection. Likewise, after expressing such an effect, the State may exercise the possessory actions claiming ownership and to ensure the patency of these areas and subtract from any contamination by subjecting them to a strong system of land use control, attribution, most likely, has failed to perform timely and accurate. Paragraph 32 of the Water Act of 1942 provides that "When a larger area of \u200b\u200bthe previously mentioned there is a danger of contamination in surface water or groundwater, the executive branch, through Section of Water-ICAA-(...) currently available in this area as it considers appropriate to avoid the danger of contamination, this rule imposes an inescapable duty of collaboration and cooperation with the ICAA Executive to take all acts and administrative measures necessary and appropriate to remove the danger of contamination in an area larger than the areas of protection of recharge areas of aquifers and catchments. The content of the rule is highly significant and rich, since it empowers the State to adopt any measure needed to prevent irreversible damage that could provoke a state of emergency by water crisis. Obviously it is also a competition that has not been exercised responsibly or underused. The Safe Drinking Water Act, No. 1634 of September 18, 1953, in its Article 2, establishes that "the public domain all lands that the Ministry of Public Works and the Ministry of Public Health, Power organs Executive were replaced by the Costa Rican Institute of Aqueducts and Sewers, by virtue of Act No. 2726, created April 14, 1961 and its amendments and, more specifically, article 2, paragraph h), entrusted to enforce the Water Act, considered indispensable to construct or locate any part or parts supply systems for drinking water and to ensure the health and physical protection, and necessary flow of these (...)", course, this rule is of paramount significance, since it is declared public domain catchment areas which may include a spring or springs, natural discharge of groundwater, and, more importantly, gives the condition of public assets to those land required for ensure the health and physical protection and flow, which necessarily includes the recharge areas of aquifers clearly defined through the perimeter and directed activity, since the vulnerability of these areas affects necessarily the quality, pollution-and flow-through waterproof or water-exploitation for human consumption and use that spring from a spring. The Forestry Law No. 7575 of February 13, 1996, article 33, paragraphs a) and d), respectively, provided that the protected areas are (...) bordering on permanent springs, defined within a radius of one hundred meters measured horizontally "and" recharge areas and aquifers, springs, whose boundaries are determined by the competent bodies established in Regulation of this law, these rules clearly give support to the activity or administrative intervention to define the perimeters of protection of aquifers and catchments.
groundwater. Finally, Article 5, subsection e), paragraph in fine of the Act establishing the ICAA (No. 2726 of April 14, 1961 and its amendments) and 15 of the Act establishing the SENARA (No. 6877 of 18 July 1983 and its amendments) crown the regulatory framework for the institutional protection of groundwater to indicate, respectively, "
are declared of public utility and social interest, and may be expropriated land necessary for the preservation and protection of water resources, as well as buildings that may become necessary in attracting (...)" "are declared of public interest actions promoted by the State, in order to ensure the protection and rational use of water (...)".
In the legal and administrative officer of the waters we will find, too, with a series of obligations and burdens imposed on individuals and subjects of public law, public authorities and bodies-for adequate protection of public water underground and surface. So the Water Act 1942 and other legislative bodies, established a series of prohibitions and restrictions for owners and users of the springs, which are a component of the discharge area of \u200b\u200ban aquifer, such as the following: a) the users or dealers must comply with the police and health regulations as to excess water being returned to a spring to prevent pollution or stench, do not use may lose their special and suffer a penalty of a fine-(Articles 57 and 166, III, ibid), so consistent, the Act are declared of public utility and social interest, and may be expropriated land necessary for the preservation and protection of water resources, as well as buildings that may become necessary in attracting (...)" "are declared of public interest actions promoted by the State, in order to ensure the protection and rational use of water (...)".
Wildlife Conservation No. 7317 of October 21, 1992, article 132, paragraph 1, prohibits "(...) shed wastewater, sewage, waste or any pollutant in streams, rivers, streams, permanent streams or lakes (...) (...)" and imposes the rule that breach a fine of 50,000 to 100,000 colones convertible at a pressure penalty to two years. b) Prohibits the construction of ponds for breeding fish in the springs for the supply of stocks (Article 63 ibid). c) Owners of land on which there springs whose contours have been destroyed forests afforded them shelter are required to plant trees on the banks at a distance of no more than 5 meters (Article 148 ibid). d) It is prohibited to destroy, both national and private forests, trees located within 60 meters of the springs which rise in the hills or within 50 meters of flat land arising (Article 149, ibid), the Forestry Law No. 7575 of February 13, 1996, provides in Article 34, coincidentally, that "It is forbidden to cut or removal of trees in the protected areas bordering the permanent springs and aquifer recharge of the springs." e) Any request for use of flowing water, streams and springs should be addressed to the Ministry of Environment and Energy with the presentation of a series of requirements (Article 178 ibid). With regard to entities and public bodies have jurisdiction and responsibilities for groundwater protection, establishing a series of obligations and prohibitions such as: a) prohibits municipalities sell, mortgage or otherwise engage, lease, in depleted, provide or exploit for their own-especially if it involves deforestation-land who have or acquire on the banks of rivers, streams or springs or catchments or river basins that sprout springs or having origins (Articles 154 and 155 ibid). b)
Municipalities are obligated to reforest such land (Article 156, ibid). c) requires any municipality, Board Education, Social Protection Board and, in general, all "public agency", refer to obtaining the appropriate permission from the Ministry of Agriculture to sell, mortgage, to lease, depleted or explode on their own land they own or purchase where there is public waters used (Article 157 ibid). The General Health Law, No. 5395 of October 30, 1973, as amended, for its part, contains specific rules for the effective protection and conservation of groundwater and Article 275 stipulates that "It is prohibited to any person natural or legal contaminate surface and groundwater (...) Directly or indirectly, through drainage or discharge or storage, willful or negligent waste or liquid waste, solid or gaseous, radioactive or nonradioactive, sewage or substances of any nature, altering the physical characteristics chemical and biological characteristics of water make it dangerous for human health, wildlife or land and water unfit for domestic, agricultural, industrial or recreational. ", for its part, paragraph 276 provides that only with the permission of Ministry may be made to proceed with the drainage or waste disposal or waste or other solid or liquid that can contaminate surface water groundwater, or sea, "(...) sticking to the rules and safety regulations and special procedures that the Ministry imposed in the particular case to make them safe. " Articles 285 and 291 of that body of law, respectively, require any person to remove excreta and wastewater in a proper and sanitary to prevent the "contamination of soil and natural water sources for human use and consumption" and prohibit the discharge of industrial waste from health facilities in the sewer system "to avoid the contamination of water sources or courses." Finally, Article 309 of the Act provides developers that the Ministry of Health will approve the project, among other things, whether it has "(...) (...) adequate sanitation disposal of excreta, sewage and wastewater. "
XIV .- ADMINISTRATIVE BODIES AND BODIES RESPONSIBLE FOR THE PROTECTION OF GROUND WATER AND SPECIFICALLY, of aquifers. Division of powers. The management of groundwater resources involves various aspects such as investigation of its potential, identification, categorization, planning their use, protection, rational use, prevention and punishment of environmental damage or pollution control and environmental monitoring of their use, etc. .. Consequently, the ideal is that there was a regulatory and administrative body governing the matter, however, responsibility for the integrated management of groundwater resources are scattered and fragmented, so that occasionally are exclusive or excluding one body and, most of the time, concurrent, shared or parallel which requires a particular administrative coordination effort to ensure its sustainable use. In the heterogeneous and scattered bodies and administrative bodies that make up the Costa Rican government can identify a sector that has assigned them by law or regulation, an indispensable skill set, non-transferable and inalienable in conservation and protection of groundwater decline and can not be exercised effectively in the interests of a right to a healthy and ecologically balanced environment for all inhabitants of the country. In this sector of the public apparatus or helpful organizations for meeting the needs of the community, can identify a group that belongs to the central government or public body more-state-which are predominantly some ministries or agencies thereof, and another composed of functionally decentralized or technical-services-and territorially-Municipalities. 1 .- Central Administration.
Ministry of Environment and Energy and the Department of Water Bodies and Water Advisory Body.
The Article 3, paragraph l) of the Forest Act, No 7575 of 13 February 1996, imposes the Ministry of Environment and Energy unwavering competition to define the aquifer-recharge areas on their own initiative or organizations concerned, and after consulting the ICAA, the SENARA or any other entity technically competent in matters of water. Article 17, paragraph 1, of the Law of Conservation of Wildlife empowers and enables the Ministry of Environment and Energy for "(...) coordinate actions with the central authorities (sic) or decentralized agricultural programs running conservation of soil, water and forests, to make use "sustainable" for wildlife. "
The Ministry plays a role of fundamental importance in an aspect of management of water resources such as the control or oversight in the development and use of groundwater to ensure rational exploitation. Regulation of Drilling and Groundwater Exploitation (Executive Order No. 30387 of April 29, 2002), provides in ordinal 1 that "Every business must register (...) punch to the Water Department, to that will extend the license to practice drilling and exploration of groundwater. " These functions are shared with the SENARA and ICAA, since the Water Department of the mine must refer the matter for which, respectively, issued technical criteria, is assigned the number well, register on the National Register of Wells-SENARA - and rule on the subject or not to water sources intended for human consumption-ICAA-(article 7). This regulation states that refuse to permit drilling in areas that do not permit a rational exploitation of water resources such as those declared by the state or other competent institution subject area and aquifer protection, those who suffer over-exploitation, under conditions vulnerability of the operating capacity of the aquifer, the likely intrusion, pollution and other reasons which in the opinion of MINAE and SENARA affect the aquifer and prevent their exploitation and interference with other wells or water sources (section 10) . Special mention the Water Department, attached to the National Meteorological Institute MINAE-body-whose interest functions, inter alia, under Article 3 of Executive Decree No. 26635-MINAE of December 18, 1997, are as follows:
"a) define the national policies regarding water resources.
b) Exercise control, monitoring, control and management of national waters.
c) Processing applications for development of hydraulic power to generate electricity. d) Process and approve permits for drilling wells for water extraction. (...)
J) Register drilling companies wells and user companies, and movements that take place in their statutes and representatives (...)
n) apply the penalties established in the Water Act, subject to compliance with due process
(...)" The Head of this Department, has, in turn, important powers in this area (article 4), such as the following: a) issue a recommendation report on grants, transfers, increases flow, expansion of use or any other proceedings referred to the use of water resources, b) approve the drilling permits, etc. .. In the ordinal 5 of the said decree establishing the "Advisory Body of Water" integrated representatives of various entities involved in the water sector (ICAA, SENARA, ICE, Public Universities, UNGL, etc.), whose functions include the following (article 7 ibid.): a) advise and recommend policy guidelines on water resources, considering the national development plans and sectoral water availability and the existing legal regulation); b) Review and comment on the proposed Water Balance by the Water Department and administration for each region and c) Advise the Department of in setting water allocations by the latter, for the use of water by the productive activity and the region in which develops. b) Ministry of Health.
The responsibilities of this ministry are confined to enforce the prohibitions in the ordinals 275, 276, 285 and 291 of the General Law of Health - direct and indirect contamination of surface water and groundwater and waste disposal industrial or sewage-health and to punish their transgression. Also, it is for approving development projects when they have adequate sanitation disposal of excreta, sewage and served (Article 309 ibid).
c)
Ministry of Agriculture and Livestock.
SENARA
and any other competent institution promoting
"(...) hydrological research, hydrogeological and agrologic in watersheds of the country, as well as improvement practices conservation and protection of soils in watersheds (...).
2 .- Decentralized administration.
a)
ICAA (Costa Rican Institute of Aqueducts and Sewers) Constitutive Act of the ICAA (No. 2726 of April 14, 1961 and its amendments) gives, in what is of interest, the following powers (Article 2): a) Direct and monitor all matters relating to supply the inhabitants of the Republic of drinking water, collection and disposal of sewage and industrial liquid waste and stormwater in urban areas (.. .) c) Promote the conservation of watersheds and ecological protection and pollution control of water (...) d) Advise the other State agencies and coordinate public and private activities in all matters relating to pollution control (...) of (...) water resources to be mandatory in any case, consultation, and inexcusable compliance (...) recommendations f) Make, use, control or supervise, as appropriate, all public waters essential to the proper enforcement of the provisions of this Act, in exercise of the rights that the State has over them, according to law number 276 of August 27, 1942, for which the Institute is considered the national replacement of the powers conferred under this Act to the State, ministries and municipalities. " For his part Article 5 of the Act empowers the ICAA for "c) To acquire property movable and immovable property and e) Processing expropriations necessary for the fulfillment of its purposes, being that this clause in paragraph 2 ° states utility social public interest, may be expropriated, "(...) the land necessary for the conservation and protection of water resources, as well as buildings that may become necessary in attracting (...). Paragraph 21 of the Act gives the ICAA Creating the power to approve or disapprove any proposed construction, expansion or modification of disposal systems for sewage and rainwater, public or private, the same being mandatory, on pain of nullity, in the case of construction of subdivisions, land development or subdivision. Finally, Article 22 of its founding law states that "It is the duty of the Costa Rican Institute of Aqueducts and Sewer cover expenses connected to the preservation, expansion and safety of forests that serve to maintain water sources in the properties of those municipalities where they take the water and sewerage services. "
In accordance with article 2, paragraph h) of the Act establishing the decentralized entity (No. 2726 of April 14, 1961 and its amendments) is part of its powers to enforce the Clean Water Act, No. 1634 of September 18, 1953, being that Article 16 of the latter body of law prohibits the facilities, buildings or work within the "areas close to sources of supply (.. .) impairing in any way (...) the physical, chemical or bacteriological water, this area will be determined by the Ministry of Public Works and Public Health "-bodies, as indicated above were substituted for all legal effect by the ICAA. Consequently, the ICAA also responsible for defining the areas of protection of sources of supply such as springs or springs that are a natural form of groundwater discharge. Article 34 paragraph in fine of the Forestry Law imposes the implementation of the alignments of INVU protection areas. It is, in fact, a competition which is not unique or exclusive or INVU ICAA but concurrent or shared, so that the two public bodies have a duty to exercise it. Article 3 of the General Water Law, No. 1634 of September 18, 1953, imposes an obligation on the ICAA's "(...) select and locate the water service pipe intended (... ), which is the responsibility of this agency to make a detailed inventory of the sources that can be used to provide drinking water to the populations above, independently, to meet the supply and distribution in the hands of a municipality in a given canton.
Despite having apparently limited jurisdiction in the irrigation districts, drainage and flood control physical-technical-administrative units of agricultural character to achieve socio-economic development as defined by Executive at the request of this agency ( Articles 17 and 18 of its Creation Act No. 6877 of 18 July 1983 and its amendments) - is the fact that its constitutive law assigned major responsibilities for ground water, which obviously are of national and, therefore, not confined to just the irrigation districts. This is confirmed by the history of this public body, since the Law No. 5438 of December 17, 1973, which ratified and replacing Executive Order No. 1878-P of July 22, 1972 - repealed, created the National Groundwater Service (SENASA) with a clear vocation for the planning, research and advice for all matters relating to the subject. Thus, among other objectives, SENARA has to seek the optimal and fair (...) resources-both surface water and groundwater, agricultural activities (...) in the irrigation districts "(Article 2). Its duties include to "investigate, protect and promote the use of country's water resources both surface and underground" and "Perform, coordinate, promote and maintain updated hydrological research, hydrogeological (...)" (article 3 , paragraphs d and e). In Article 4, states that SENARA is responsible to promote and lead the coordination and collaboration with other institutions and entities responsible for matters such as prevention, correction and disposal of all types of water pollution in the irrigation districts, "Preparation and updating of an inventory of national waters, and assessing their potential use for purposes of exploitation in the irrigation districts "and" Construction and maintenance of the works necessary for the conservation and renovation of hands usable aquifers for agricultural activities in the irrigation districts "(subsections c, ch f). Among the duties of the Board is to issue the request for recovery agreements, condemnation or purchase of "(...) land on which the assent or water underlies (...)" (Articles 6 and 7 °).
c) INVU (National Institute of Housing and Urban Development).
municipal corporations have a major role in the protection and conservation of groundwater through a series of indirect instruments. Thus, the Urban Planning Law (No. 4240 of November 15, 1968), more than 35 years, based on the ordinal 169 of the Constitution, as they compete "The management of interest and local services each canton "- introduced the obligation to enact a regulatory plan to plan and manage urban development and urban development related regulations (Articles 15 et seq.) Within this master plan and zoning regulations, municipalities must identify, in effect to regulate, control and restrict human activities (industrial, urban, agricultural, etc.) areas or areas reserved for them located in an aquifer or recharge or discharge area. For the application of fundamental rights to a healthy and ecologically balanced environment (Article 50 of the Constitution), to life and human health (Article 21 ibid) and in the interest of sustainable development the cantons that have geomorphological characteristics in his district land used aquifers, recharge and discharge areas of these springs, and springs are specially called and required to regulate and regulating, accountable, efficient and effective, those matters, because sometimes groundwater not only provide the consumption and use of county populations but several cantons which shows a clear supra-local or national interest. The inhabitants of these localities, in turn, must support the overall burden and restrictions or limitations on use and land use and water arising from the determination and establishment of such protected areas, as is the benefit of them, the inhabitants of other counties that are supplied with water flowing through the aquifer and crop or downloaded in other counties and, of course, of future generations.
PRECAUTIONARY PRINCIPLE OF ENVIRONMENTAL LAW AND PROTECTION OF GROUNDWATER.
One of the guiding principles of environmental law constitutes the precautionary or prudent avoidance
. This principle is enshrined in the United Nations Conference on Environment and Development or Rio Declaration, which literally means "Principle 15 .- In order to protect the environment, the precautionary approach shall be widely applied States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not used as a reason for postponing cost-effective measures of the costs to prevent environmental degradation. " domestic law in the Biodiversity Law (No. 7788 of April 30, 1998), Article 11 incorporates as parameters hermeneutic the following principles: "1 .- Preventive Criterion: It is recognized that it is vital to anticipate, prevent and attack the causes of biodiversity loss or threats. 2 .- precautionary approach is doubt, the nature or
: If the danger or threat of serious or imminent damage to the components of biodiversity and associated knowledge to these, the absence of scientific certainty not be used as a reason for postponing cost-effective protection measures. " Vote in this room No. 1250-99 of 11:24 am on February 19, 1999 (reiterated in the Votes Nos. 9773-00 of 9:44 pm on November 3, 2000, 1711-1901 of 16:32 pm on February 27, 2001 and 6322-03 to 14:14 pm on July 3, 2003) the Court ruled as follows: "(...) The prevention intended to preempt the negative effects and ensure the protection, conservation and proper management of resources. Consequently, the guiding principle of prevention is based on the need to take and take all precautionary measures to prevent the possible contain Involvement of the environment or human health. Thus, if there is a risk of serious or irreversible, or a question about it, "it should adopt a precautionary measure and even postpone the activity in question. This because in environmental matters subsequent coercion is ineffective as it has occurred and socially harmful biological consequences, repression may have a moral significance, but hardly compensate for the damage to the environment. " Subsequently, in Decision No. 3480-03 of 14:02 am on May 2, 2003, the Court stated that "Provided the precautionary principle, the same concerns to action rather than to the lack of risk events, but given the lack of certainty that such events actually produce harmful effects on the environment. " In the case of groundwater contained in aquifers and loading and unloading areas, the precautionary principle or is doubt, the nature, means that there are no studies or reports made pursuant to the rule is unambiguous and precise application of science and technique allowing to reach a state of absolute certainty about the safety of the activity to be developed on the environment or they are contradictory, authorities and administrative bodies central and decentralized should refrain from authorizing, approving or allowing any new application or modification, suspension of which are ongoing until the state clears hesitant and, simultaneously, take all measures for their protection and preservation to ensure the right to a healthy and ecologically balanced environment. In essence, a safe environmental management of groundwater passed to protect the resource before contamination or degradation. XVI .-
case. AQUIFER VULNERABILITY POAS, URBAN PROJECT LOCATION ON YOUR AREA OF CHARGING AND CHAIN \u200b\u200bauthorization procedure for administrative action. In the present case failed to demonstrate the existence of a volcanic aquifer or cleft in the canton of Poas whose depth and static water level could not be established scientifically or technically uniquely and accurately, this coupled with that, practically, the Poas Canton whole is recharge-discharge area and an area of \u200b\u200bhigh vulnerability to pollution of aquifers with the exception of a small area located southwest of Canton, led to the Constitutional Court to revoke the awards granted by the competent authorities related to the construction of a development project in that area, basically because it is a potentially harmful activity to the aquifer and its recharge area. The Constitutional Court in its decision further noted that nothing prevents the sake of the principles of self-confidence, goodwill and intangible assets, which the builder may appear before the Judicial Proceedings - Management (Article 49 of the Constitution) to demand, from such public performances irregular administrative liability for damages caused to the society by the frustration of their expectations and commitments or debts eventually made to launch the first phase of the project. Constructora Vega & Vega relied on improper conduct legitimately targeted and in good faith incurred a number of expenses and disbursements, if any merit, it may be recovered in the ordinary way.
XVIII .- ADMINISTRATIVE OMISSIONS IN THE PROTECTION AND CONSERVATION OF GROUND WATER IN THE CANTON OF POAS
. Regarding the inertia or omission in the exercise of the powers conferred by the law to the entities and bodies involved in the approval procedure of Linda Vista development project must be made according to a specified accuracy each entity or body. 1) The Ministry of Environment and Energy has committed the following material omissions and formal: a) Under Articles 31 of the Water Act and 33, paragraphs a) and d) of the Forestry Law has failed to establish perimeter protection of recharge areas and catchments of the aquifer of Poas, which are classified, respectively, for each of these policy instruments "retention of title in favor of the Nation" or "Protected Areas", b) Notwithstanding the provisions of the Clean Water Act (Article 2) which describes the public domain all lands "(...) (...) to ensure health and physical protection, and necessary flow of these (...)", the law creating the ICAA (Article 5, subsection and paragraph in fine) stating "(...) and public utility social interest, and may be expropriated, the land required for the conservation and protection of water resources (...)" and SENARA Creation Act (Article 15) to estimate the public interest "(...) actions promoted by the State, in order to ensure the protection and wise use of water (...)", MINAE has not initiated proceedings claiming ownership of public domain to recover such land or, if if appropriate, procedures and measures for incorporation into demanio expropriatory public; c) has not been implemented reforestation programs in the areas of recharge and discharge of ground water from Poas, for it would not have been mapped protection zones; d ) has not been established areas where logging is prohibited or tree removal in the absence of plot and defined the perimeters of protection of springs, headwaters and recharge areas of aquifers; e) has not developed a strategic plan for protection and sustainable and rational exploitation of water resources in the Poas Canton, f) has not developed and promulgated with the assistance of SENARA and ICAA, regulations on the inventory, management and categorization of aquifers, according to vulnerability criteria of their recharge areas, quality and strategic value of groundwater-type, spring-flow and quality as - and well-as-existing production in Canton Poas. 2) The Costa Rican Institute of Aqueducts and Sewers, has incurred the following omissions: a) not defined in the areas near existing wells and springs in the Poas Canton, perimeter protection which prohibits any type of installation, building or human activity; b) no ha coordinado acciones con el INVU para que este último ente establezca definitivamente los alineamientos; c) Pese a que la Ley de Creación del ICAA califica de dominio público los terrenos que se “(...) consideren indispensables para construir o para situar cualquiera parte o partes de los sistemas de abastecimiento de aguas potables (...)”(artículo 2°, inciso h) y declara “(...) de utilidad pública y de interés social, y podrán ser expropiados, los terrenos necesarios para la conservación y protección de los recursos de agua, así como para las construcciones que se hagan necesarias en la captación (...)” (artículo 5°, inciso e), párrafo in fine), the ICAA has not initiated the process in the public domain reinvindicatorios the areas listed and, if appropriate, procedures and measures of expropriation to be incorporated into public demanio d) not selected, located and therefore , inventoried and categorized the water for plumbing services in the Poas Canton; e) has not built treatment plants and black wastewater from public sewer is not discharged into the catchment areas of Canton Poas. 3) The SENARA has been the only public bodies and institutions challenged in this process that has met almost entirely fully with powers, however identified the following omissions: a) The development and preparation by this public body, in partnership with other agencies or entities, the mapping of vulnerability of aquifers in the Canton Poas, which constitute a first-class tool, along with the delineation of the protection zones for the conservation of aquifers and their resources, b) the Board has not issued agreements to recover, expropriate or buy the land on which to sit or underlies water resources in the Poas Canton, c) has not coordinated effectively with MINAE actions, the ICAA and to supply INVU advice, studies and hydrogeological maps of existing aquifers in the Canton Poas to plot, setting and aligning definitely the perimeters of protection of recharge and discharge areas. 4) The National Housing and Urbanism (INVU), has made the following omissions: a) not be accurately traced, based on information provided by MINAE SENARA and IICA, the alignments of the perimeters of protection of areas bordering on the springs and permanent springs, aquifers and their recharge areas exist in the Poas Canton, b) has not developed and promulgated, with the omission of the City Poas, a regulation on the restriction of land use in areas of protection of recharge and discharge areas of aquifers, wells, springs and existing wells in Canton Poas. 5) The City of Poas
, has incurred the following omissions: a) Notwithstanding the provisions of the Planning Act (No. 4240 of November 15, 1968 and its amendments), for over 35 years has not developed and approved as part of a master plan, a zoning ordinance to set aside protected areas or locations including mapping, hydrogeological maps and alignments of protection and vulnerability, which have made by other bodies, springs, springs, aquifers and their recharge areas exist in the Poas Canton; b) the absence of regulations issued referred not included the zoning of protected or reserved areas, restrictions or limitations for human activities, whether urban, agricultural, commercial or industrial to avoid the eventual sealing of the soil and groundwater contamination and, therefore, springs, springs and wells in the Poas Canton, c) has built plants treatment of wastewater and sewage from black groups to avoid being dumped in river basins the Poas Canton, f) has not reforested areas for loading and unloading of existing aquifers in the Canton Poas. 
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