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LAW No. 13,702, OF 08/06/2018 – DOU 08/07/2018

Unofficial translation.

Amends Law No. 12,787, of January 11, 2013, which provides for the national irrigation policy, to establish an exception to the sanction of repossession of the plot in public irrigation projects when the property is mortgaged in favor of official financial institutions that have provided credit to the irrigating farmer, as well as Laws No. 12,873, of October 24, 2013, 6,088, of July 16, 1974, and 13,502, of November 1, 2017.

THE PRESIDENT OF THE REPUBLIC

I hereby declare that the National Congress enacts and I sanction the following Law:

Art. 1 Articles 22 and 38 of Law No. 12,787, of January 11, 2013, are amended as follows:

“Art. 22. ……………………………………………………………………….

……………………………………………………………………………………………

§ 2 (VETOED).” (NR)

“Art. 38. ……………………………………………………………………….

§ 1 The provision of item III of the head of this article shall not apply if the property is mortgaged to official financial institutions that have provided credit to the irrigating farmer for the development of their activities in a public irrigation project.

§ 2 Official financial institutions shall inform the government of the mortgage referred to in § 1 of this article.” (NR)

Art. 2 Article 12 of Law No. 12,873, of October 24, 2013, is amended to read as follows:

“Art. 12. Under the National Program to Support Rainwater Harvesting and other Social Technologies for Access to Water, the Federal Government, through the Ministry of Social Development, may enter into partnerships with the States, the Federal District, the Municipalities, public agencies, foundations, public companies, mixed-capital companies providing public services, public consortia constituted as public associations and private non-profit entities, including those qualified as Civil Society Organizations of Public Interest, subject to the provisions of art. 116 of Law No. 8,666, of June 21, 1993.” (NR)

Art. 3 Articles 2, 4 and 9 of Law No. 6,088, of July 16, 1974, are amended as follows:

“Art. 2 Codevasf shall have its headquarters and jurisdiction in the Federal District and shall operate in the river basins of the São Francisco, Parnaíba, Itapecuru, Mearim, Vaza-Barris, Paraíba, Mundaú, Jequiá, Tocantins, Munim, Gurupi, Turiaçu, Pericumã, Una, Real, Itapicuru and Paraguaçu rivers, in the States of Pernambuco, Alagoas, Sergipe, Bahia, Minas Gerais, Goiás, Piauí, Maranhão, Ceará, Mato Grosso, Pará, Tocantins and in the Federal District, as well as in the other river and coastal basins of the States of Alagoas, Maranhão and Sergipe, and may establish and maintain operating and representation bodies and units in the country.

………………………………………………………………………………….” (NR)

“Art. 4 The purpose of Codevasf is the use, for agricultural, livestock and agro-industrial purposes, of the water and soil resources of the river basins that make up its area of operation, directly or through public and private entities, promoting the integrated development of priority areas and the establishment of agro-industrial and livestock districts, with the possibility, for this purpose, of coordinating or carrying out, directly or through contracting, infrastructure works, particularly water abstraction for irrigation, construction of primary or secondary canals, as well as basic sanitation, electrification and transportation works, in accordance with the master plan and in coordination with the competent federal bodies.

………………………………………………………………………………….” (NR)

“Art. 9 …………………………………………………………………………

……………………………………………………………………………………………

II – to promote and disseminate, among public and private entities, information on natural resources and social, infrastructure and economic conditions, with a view to carrying out projects in the river basins in which it operates;

III – to prepare, in collaboration with the other federal, state and municipal public bodies operating in the area, the annual and multi-year integrated development plans for the river basins in which it operates, indicating from the outset the priority programs and projects in relation to the activities provided for in this Law;

………………………………………………………………………………….” (NR)

Art. 4 This Law enters into force on the date of its publication.

Brasília, August 6, 2018; 197th year of Independence and 130th year of the Republic.

MICHEL TEMER

Esteves Pedro Colnago Junior

Edson Gonçalves Duarte

Antônio de Pádua de Deus Andrade