Abstract

Abstract: The aim of this paper is to show that in Chile, there isn't a special regulation that imposes the enactment of tap water capture protection areas, for the prevention of water pollution from hazardous activities developed around the capture zone. In the absence of this norm, the Chilean Water Code applies (and its new 2014 bylaw), which considers a fixed protection area for water use rights. The paper examines how this area is determined and what is its purpose, in order to compare it with mineral water and tap water capture's special regulation. In summary, the regulation of the Code is insufficient given that it only considers quantitative aspects, the interest of a water use right's owner, but doesn't focus on protecting the quality of an aquifer as a common good.