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I I I I I I I I I I I I I I I I I I I 002046 In the water transfer envisioned by this report, the distribution infrastru~ture of- the module in which parcels were purchased would not be used and therefore permission may not be needed; however, the infrastructure of the module to which the water is being transferred would be needed. Even though the approval of the receiving module appears not to be legally required, local support for the transfer and distribution of the water is necessary and therefore this approval is strongly recommended. B. Purchase and Transfer of Water Rights Issued under Concession Title Concession titles are issued by CNA in accordance with the provisions of Article 21 of the NWL. To obtain a new concession title, a petition containing the following information must be filed with the local CNA Office. Also, an administrative directive from the Ministry of Environment and Natural Resources ("SEMARNAT") requires that specific environmental and physical information be included in a petition. CNA is required to r~pond within 90 working days after the petition is filed. The issuance of a new, concession title will be subject to the availability of water, as defined annually in CNA's hydraulic programming, and will take into accouilt existing water use rights included in the REPDA, as well as any existing legal reserves. Because CNA has not identified any water available for the issuance of new concession titles in District 014 it is likely that any concessions issued in the district will be based on existing irrigation rights. A concession can be granted for a period of 5 to 50 years. This term can be extended for a term equal to the initial duration of the concession title. A concession title must be registered in the REPDA. Concession holders have specific rights specified in law and regulation. A concession title may be transferred to another individual or legal entity, without transferring title to the associated land. When a transfer involves a simple change of the concession holder, and the terms of the concession title are not modified, the transfer can occur by registering a notice in the REPDA. In cases where the transfer may affect rights of third parties, hydrological or ecological conditions of basins and aquifers may be altered, or whenever any changes in water use are requested, prior CNA authorization is required. The Commission may authorize, deny or establish terms and conditions under which authorization is granted. The NWL allows changes in water use for water rights issued under the concession system with the prior approval of CNA. Similar changes are allowed but not clearly defined under the Irrigation Rights System.30 Generally, water rights' granted in concession tides may be granted for. any of the following uses: (1) urban; (2) agricultural, including water rights administered by irrigation districts; (3) power generation; and (4) "other productive activities," including industrial activities, aquaculture, tourism, and certain other uses. In addition, the NWL regulations define this catchall category as covering two water use categories: (1) multiple use, and (2) ecological conservation use.31 Although changes in water use have generally been approved for urban and industrial uses, according to various CNA officials, no prior experience exists for approving changes in water use to an ecological conservation use either in Mexicali or nationally. Although District 014 has regularly authorized changes of water rights classified as agricultural use to. other uses, CNA confirmed that it has not been requested to approve changing agricultural water use to ecological conservation use. Officials state, however, that they would issue such an authorization, if provided with sufficient data to support the change. u-.-.~. 31