2016
DOI: 10.4067/s0718-68512016000100010
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Gestión colectiva y conjunta de aguas: perspectiva jurídica de una deuda subterránea

Abstract: the paper analyzes the management of groundwater in Chile, evaluating compliance with legal guidelines that establish the collective and joint management of ground and surface water. For this purpose, the facts and the legal rules are reviewed, stating that the practical implementation of these guidelines has failed. As well as identifying the reasons for this failure, some ideas to overcome * Trabajo realizado en el marco del Proyecto de Iniciación en Investigación Nº11130660 (2013-2016), auspiciado por el Fo… Show more

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“…In fact, due to their nature, groundwater management has not led to social agreements related to their distribution, unlike what is observed in the case of surface waters. Groundwater has generally been used individually and in isolation through wells distributed throughout an aquifer [35], without the need for extensive coordination with other users to agree on issues such as extraction volumes and methods. Furthermore, the common source that delimits the extent of a GC's jurisdiction is not obvious and may differ significantly from the boundaries that users may wish to establish socially (e.g., established boundaries as a function of localities or areas with which there are higher levels of social interaction and, consequently, higher levels of trust and proximity).…”
Section: Discussionmentioning
confidence: 99%
“…In fact, due to their nature, groundwater management has not led to social agreements related to their distribution, unlike what is observed in the case of surface waters. Groundwater has generally been used individually and in isolation through wells distributed throughout an aquifer [35], without the need for extensive coordination with other users to agree on issues such as extraction volumes and methods. Furthermore, the common source that delimits the extent of a GC's jurisdiction is not obvious and may differ significantly from the boundaries that users may wish to establish socially (e.g., established boundaries as a function of localities or areas with which there are higher levels of social interaction and, consequently, higher levels of trust and proximity).…”
Section: Discussionmentioning
confidence: 99%