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<br />001978 <br /> <br />in accord with the NWL.12 CNA officials in Mexicalihave confirmed that approval is <br />generally granted. A concession title - not an irrigation right - is issued to the <br />transferee., In this way, the change in water use is used as a way of converting old <br />irrigation rights into the new concession titles, and merging the two water <br />management systems into the new concession system. <br /> <br />Under Articles 56 and 59 of the draft rules of operation for the district, the <br />transfer of irrigation rights for use other than irrigation also will require the prior <br />approval of the General Assembly of Users within each irrigation unit, or module <br />(modulo). According to CNA, however, such approval would only be necessary if the <br />transferee planned to use the irrigation unit's distribution infrastructure. <br /> <br />B. Purchase and Transfer of Water Rights Issued under Concession Title. <br /> <br />Concession titles are issued by CNA in accordance with the provisions of <br />Article 21 of the NWL. To obtain a new concession title, a petition containing the <br />following information must be filed with the local CNA Office. Also, an administrative <br />directive from the Ministry of Environment and Natural Resources ("SEMARNA T") <br />requires that specific environmental and physical information be included in a <br />petition. CNA is required to respond within 90 working days after the petition is filed. <br />The issuance of a new concession title will be subject to the availability of water, as <br />defined annually in CNA's hydraulic programming, and will take into account existing <br />water use rights included in the REPDA, as well as any existing legal reserves. <br />Because CNA has not identified any water available for the issuance of new <br />concession titles in District 014 it is likely that any concessions issued in the district <br />will be based on existing irrigation rights. ' <br /> <br />A concession can be granted for a period of 5 to 50 years. This term can be <br />extended for a term equal to the initial duration of the concession title. A concession <br />title must be registered in the REPDA. Concession holders have specific rights <br />specified in law and regulation. <br /> <br />A concession title may be transferred to another individual or legal entity, <br />without transferring title to the associated land. When a transfer involves a simple <br />change of the concession holder, and the terms of the concession title are not <br />modified, the transfer can occur by registering a notice in the REPDA. In cases <br />where the transfer may affect rights of third parties, hydrological or ecological <br />conditions of basins and aquifers may be altered, or whenever any changes in water <br />use are requested, prior CNA authorization is required. The Commission may <br />authorize, deny or establish terms and conditions under which authorization is <br />granted. <br /> <br />12 Art. 117 (XIX) 1964 Rules. The rules do not discuss this issue at length, however, they state that a <br />water user may not .....without prior approval from the head of the hrigation District... change the use of the <br />(national] waters... in accordance with the Law of National Waters..." (This law has been through different <br />changes and has now become the NWL.). <br />