Читать книгу Derecho de Aguas - Eduardo Del Valle Mora - Страница 48

The management and administration renewable natural resources in Colombia is a constitutional and legal function assigned to Regional Autonomous Corporations, which should be promoted in their territory for their conservation and preservation for the proper use and sustainable use such resources. To achieve this end, economic resources such as fees, contributions and taxes, in some regions, are not sufficient for this purpose, which is why the Legislator uses forced investment as an additional mechanism to obtain resources, other than the increase in taxes on those administered. This investment, despite having an official destination determined in the Law, has been modified by regulatory decree to assign it to different public purposes and entities. The forced investment 1 per cent has a defined legal allocation; it is not resources that can be made available for purposes other than their creation and objective, as the purpose forced investment is distorted. The holder the environmental license in his condition obligation must carry out the forced investment according to the Law, and exercise social control in the sense that it is not used for different purposes. This article expresses a constitutional and legal point view in the current state law indicating the legal nature the 1 % forced investment established exclusively in favour the Management and Management the Watershed and springs POMCA, or the formulation and adoption these, for the hydrographic basin that fed the respective water source that was used.

KEY WORDS: 1 % Forced Investment, Geographical Scope Application, Ecosystem Management, Responsible Environmental Authority, Liquidation.