Chile amends its Water Code, simplifying communications and sanctioning procedures by the National Water Agency

Law No. 21,740/2025 was published today in the Chilean government’s Official Gazette, amending the Water Code to update the supervision and procedures of the National Water Agency (DGA). Notably, the reform expands the number of bodies able to execute orders from the DGA, allows for electronic means of communication, and simplifies sanctioning procedures for offenders.

Below, we highlight some of the key changes.

1. Incorporation of other state administration bodies in the execution of measures ordered by the DGA. The reform will allow municipalities and other certified bodies to execute measures adopted by the DGA, such as pausing construction projects, sealing wells, and other similar actions.

2. Notification by electronic means. In accordance with Law No. 21.180/2019 of the Digital Transformation of the State, notification by electronic means will be admissible in the administrative procedures of the DGA. In addition, the law allows for notification by writ of summons without the need for the minister of faith to conduct an additional search. However, such notification must be georeferenced.

3. Simplification of the criteria that initiates a sanctioning procedure. Sanctions are applicable under the following circumstances:

• Infractions committed in the first, second, or third degree.


• Infractions committed in areas of water scarcity.


• Infractions that do not require on-site inspection, such as, for example, failure to comply with the obligation of communication and/or registration of rights in the Public Water Cadastre established in Articles 122 and 122 bis.

4. Simplification of the procedure for resolving sanctions. The following steps will take place in order to resolve any sanctions:

• Initiation: The auditor produces an inspection report together with the list of infractions and the express mention of this simplified procedure.


• Discharges: The alleged offender has a period of eight working days to present its defense and exhibit evidence. Before the expiration of the aforementioned term, the offender has the possibility of acquiescing, in which case it may obtain a 25-percent discount on the minimum fine.


• Technical report: The report is prepared in 30 days if there are no discharges, and in 45 days if they are presented, and will serve as background for the imposition of sanctions.


• Resolution: The Director General of the DGA shall issue a substantiated resolution within a maximum period of 60 working days.


• Appeals: Appeals for reconsideration and complaints are admissible against any resolution, but they will not suspend the execution of the sanction.

In addition to these steps, the following measures will also go into effect:

• In cases of unauthorized extraction or impact to sensitive aquifers, the DGA is empowered to order an immediate stoppage.


• The use of public force is allowed to seal illegal catchments and punish their alteration.


• In areas of water scarcity, or where activity affects human consumption, the stoppage may be decreed even before the sanction.

The reform also establishes the following early correction measures for minor violations:

• Sanctioning procedures do not apply to those who, in the last three years, have been sanctioned with a fourth or fifth degree fine, during the three years immediately prior to the beginning of the procedure.


• A term of up to 30 working days is granted to correct any minor violation, which may be extended once for the same period.


• If no correction is made, a sanctioning procedure is opened.


• Appeals for reconsideration and complaints may be filed within 15 working days from the notification of the resolution.

Lastly, the reform puts in place a limitation on the reduction of the fine. The 25-percent reduction of a fine established in the third subsection of Article 176 (in case it is paid within nine days following its notification) is conditioned to the non-interposition of the appeal for reconsideration against resolutions of the DGA.

5. Transitional provisions. The following exceptions are made to accommodate the transition to the new reform:

• Notifications during the digital transition: These can be made in person, by email, or by registered letter. If the offender does not designate an email address in the presentation of the charges, it must provide a post office box address in the future, under the warning that the offender will be understood to have been notified by means of publication on the institutional website.


• Application of the new procedure: Sanctioning procedures already in progress under Article 172 bis (the common audit procedure by the DGA) will continue with the current regulations. However, offenders are allowed to opt for the new simplified procedure when submitting their defenses.

For more information, please contact the authors.

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