The seven-strong water rights practice group at full-service firm Carey advises on the development of a range of projects that require the use of water, including mining, agribusiness, water utilities, chemical facilities and fisheries, as well as water supply for human consumption, and hydroelectric generation in run-of-river, reservoir and tidal power plants. The practice routinely assists with the strategic planning of water rights for projects and related administrative processes before the Chilean Water Authority; and its water law expertise further covers the sale and acquisition of rights of use and water supply. Other areas of strength are compliance audits and tenders; and legal reports for litigation or strategic purposes, as well as water law-related judicial defence strategies. Heading up the practice, member of the board of directors of public water utility Aguas Nuevo Sur Maule, Alberto Cardemil, focuses on water law, natural resources transactions and litigation, along with corporate and commercial law. Cardemil is supported by associate Camila Lavín, who has longstanding experience in water, agribusiness and regulatory law.
Water law in Chile
Carey
Practice head(s):
Alberto Cardemil
Key clients
Ferrero Rocher Group
Empresa Sanitaria de Los Lagos
Pan American Silver Corp
Westchester Agriculture Asset Management
Agroveen
Electrolux Chile
Continental Grain Company
Work highlights
- Advised Pan American Silver Corp on a due diligence report on environmental and water rights, which related to the acquisition of Yamana Gold’s mining operations.
- Advised Nutland and Agrichile on the administrative and judicial procedures and applications to acquire, modify or regularise water rights.
- Advised Westchester on a water rights due diligence for the enhancement, development and operation of its agricultural asset portfolio in Chile.
Philippi Prietocarrizosa Ferrero DU & Uría
The Santiago office of full-service international law firm Philippi Prietocarrizosa Ferrero DU & Uría fields a five-member team that consistently advises on major projects that require water; the ‘very committed, attentive and high-level’ group is particularly focused on the mining, energy, sanitary, industrial, and agricultural sectors. Its assistance covers environmental impact studies; hydroelectric power plants, and salt and desalinated water supply projects; the underwriting of long-term water supply contracts; and appearing before the General Directorate of Water, General Comptroller of the Republic, ordinary and special courts of justice, and Environment Superintendence. The firm’s water resources offering is led by ‘excellent water law technician’ Matías Desmadryl, whose track record includes being appointed Chile’s General Director of Water between 2010-2012, during which time he spearheaded the establishment of Chile’s National Water Information System. Supporting Desmadryl at associate level are administrative and water law expert Francisca Mendoza; and Franco Valenzuela, who is experienced in high-profile sanctioning procedures before the General Directorate of Water.
Practice head(s):
Matías Desmadryl
Testimonials
‘A very committed, attentive and high-level team.‘
‘Good contacts that allow the firm to have visibility of how the procedures are going, and it gives clients peace of mind that the issues are addressed from various angles.’
‘Knows the process in its entirety and all the edges that may arise along the way.‘
‘Enough experience in the industry to make a difference to the advice provided.’
‘A high level of knowledge and strategic vision of how to face the issues – this differentiates it from competitors.‘
‘Excellent specialists, with strong technical levels and practical business outlooks.’
‘The fact that Matías Desmadrylwas the General Director of Water gives a unique characteristic to the advice they provide.’
‘Matías Desmadryl – in addition to being an excellent water law technician, he is a lawyer with business sense who knows how to understand clients’ needs well.’
Key clients
Minera Los Pelambres
Antofagasta Minerals
Compa{ia Mineea Zaldívar
Codelco
Aguas Andinas
Viña Luis Felipe Edwards
AgroNegocios
Sociedad Agrícola Campanario
Agrícola Ballerina
Matetic Wine Group
Lago Sofía
Kinross
Hidromaule
Engie
Laboratorios SAVAL
Anpac
Norte Abierto
David del Curto
SCM Minera Lumina Copper Chile
Hidroeléctrica El Paso
Cabo de Hornos
Work highlights
- Advised Minera Los Pelambres on developing and implementing a strategy and action plan to maintain a mining project’s water supply.
- Advised Corporación Nacional del Cobre on several water resources matters.
- Advising Matetic Wine Group on the development of various projects (wine, livestock, agriculture and tourism) that contemplate the use of water.
BEC Abogados
Acting for exporting companies, agricultural producers, and non-profit organisations that are in charge of water distribution in Chile, BEC Abogados’s natural resources department focuses on the implementation of water-use efficiency solutions in the energy, mining and real estate sectors. ‘Always up to date with the latest water law information’, the five-lawyer group is also particularly active in agricultural industry issues; and it routinely advises on the implementation of corporate social responsibility measures and crisis management-related communication campaigns in areas where water scarcity causes high levels of social pressure. The firm additionally houses a robust conflict resolution practice. The key advisers are water law-related disputes expert Gonzalo Bulnes Llompart, who ‘knows the industry particularly well’; Benjamín Bulnes León, whose practice includes representing water-user organisations before the State Administration’s different bodies; and former deputy director of the General Directorate of Water, Juan José Crocco Carrera.
Practice head(s):
Gonzalo Bulnes Llompart; Benjamín Bulnes León; Juan José Crocco Carrera
Testimonials
‘Always up to date with the latest water law information, and the lawyers have excellent contacts – superior knowledge of the effective use of water in the agricultural sector.‘
‘The team has a very close and attentive relationship with clients, and is proactive in seeking solutions.‘
‘Good availability from the team, strong networks, and strategy.‘
Key clients
Exportadora Alcántara
Inmobiliaria Aconcagua
Compañía de Inversiones Adriático
DGS
Viña Almaviva
Comisión Nacional de Riego, Ministerio de Agricultura
Agrícola Bauzá
Agricultores de Aconcagua
Valhalla Energy
Fundación Chile – Escenarios Hídricos 2030
Agrícolas Bulnes
Regantes Río Perquilauquén
Junta de Vigilancia Río Mataquito
Junta de Vigilancia Río Lontué
Rembre
Territoria Apoquindo
Work highlights
- Advised DGS on both a compliance report and the implementation of measures.
- Advised Comisión Nacional de Riego on the production of a practical guide for the promotion of investment in reservoirs.
- Assisted Valhalla Energy with the processing and approval of the necessary hydraulic works for the operation of a cutting-edge ERNC project.
Dentons Larrain Rencoret
Dentons Larrain Rencoret’s water law department routinely advises individuals, companies and user organisations on their water rights. Representative experience for the five-member group covers the constitution and obtaining of water use permits, as well as defence-side contentious proceedings. Innovative areas for the team range from hydrogeological modelling, seawater extraction-plant developments and supply source changes, to groundwater detection, purchasing water rights, and aquifer recharge. One of the founding members of the Chilean Water Law Association, practice head José Ignacio Morán focuses on the water supply for mining projects and operations, groundwater exploration and exploitation, the constitution of water rights, representation during administrative and judicial proceedings, and advice on relations with water-users’ organisations; while José Domingo Villanueva (promoted to partner in January 2023) advises on water law issues (in addition to environmental law). Within the associate ranks, senior Jaime Cruzat assists with the use, acquisition and constitution of water rights, while Cristián Vial advises companies on their water rights.
Practice head(s):
José Ignacio Morán
Key clients
International ESG Fund
Compañía Minera Arqueros
Compañía Minera Nevada (Barrick Gold Co)
Agrosuper
Agrícola Puente Viejo
Carsol Fruit
Energía de la Patagonia y Aysén (INVERCAP)
Inmobiliaria Las Brisas de Santo Domingo
Generadora Metropolitana
Rockcheck Group
Compañía Minera Zaldívar
Barrick Servicios Mineros (Barrick Gold Co)
Agrícola Palma de Aculeo
Work highlights
- Advised International ESG Fund on an international operation to purchase part of a company that provides mining services in South America, which involved reviewing water issues.
- Advises Compañía Minera Arqueros on its mining projects’ water supply issues.
- Advises Compañía Minera Nevada on the water supply aspects of its mining projects.
Guerrero Olivos
The seven-strong water law department at full-service law firm Guerrero Olivos represents domestic and international clients from the mining, agribusiness, industrial and hydroelectric sectors. The team is experienced in obtaining and transferring water rights, and negotiating complex water supply, and purchase-and-sale agreements for projects. The practice also covers both the optimisation of water rights (including intake and restitution transfer applications) and modification of water supply sources, along with hydraulic works-related authorisations. It additionally acts in sanctioning processes and water law-related litigation. Benjamín Pérez is experienced in the water law aspects of project developments, the constitution and acquisition of water rights, and representation before the Water Bureau; and Sebastián Abogabir’s water rights' expertise covers regulatory and permitting matters. At associate level, senior Francisca Pellegrini assists with the water side to energy projects; Antonia Ibarra is an active member of the firm’s environmental and water rights practices; and Sebastián Mozó (mining projects-related water law issues) is a June 2022 hire from Vergara Galindo Correa Abogados.
Practice head(s):
Sebastián Abogabir; Benjamín Pérez
Key clients
Empresas Carozzi
SCA Atacama Kozan
Rio 2
Fundación San Carlos de Maipo
Empresas Ariztía
AAKTEI Energía
Albemarle
Concha y Toro
Antofagasta Minerals
CCU
Proyecto Mediterráneo
Fenix Gold
Engie
Work highlights
- Advised Fundación San Carlos de Maipo (a non-profit entity that owns the Batuco Wetland) on the development of an iconic environmental protection project.
- Advised Empresas Artiztía on strategic water rights matters, including the execution of a 10-year strategy to secure water supply for its production plants.
- Advised Albemarle Corporation on the application for water rights for its mining operation in Chile.
LAWGIC Abogados
Launched in January 2020 as a natural resources and environmental law boutique, LAWGIC Abogados’ five-member group acts for both domestic national and international companies from the mining, energy, aquaculture, agri-business, tourism, real estate, and desalination and industrial water sectors. With ‘extensive experience in water rights issues’, the team is co-led at founding-partner level by former Carey senior associate, Sebastian Del Campo, whose longstanding water law-focus encompasses regulatory matters, administrative and judicial litigation, natural resources transactions, administrative and judicial litigation, and legal strategies for investment project developments; and fellow water rights law specialist Agustín Walker, a former Núñez Muñoz Abogados of counsel, whose broad experience covers mining, energy, agribusiness and infrastructure projects. At associate level, senior Francisco Silva is a February-2022 recruit from the litigation unit of the General Water Agency (DGA), while Karla Miranda is a water, environmental law and natural resources expert.
Practice head(s):
Sebastián Del Campo; Agustín Walker
Testimonials
‘Lawgic’s team has extensive experience in water rights issues.‘
‘Lawgic allows clients to access high-quality legal services and highly personalised attention, at a fraction of the cost that they would have to pay for other specialist water law firms.’
‘Sebastián Del Campo has outstanding knowledge of everything concerning water law in Chile. He has a very practical approach, and is very friendly and always very easy to contact.’
Key clients
Statkraft
Mowi Chile
Unifrutti Chile
HIF (Highly Innovative Fuels)
Latin America Power
SGA
Subsole (Frutura Group)
Ocean Grid
Inversiones Marchigüe
Inversiones Cisnes
CEP&D Abogados
Huneeus Wines
Agricola Doble R
Agrícola Santa Irene
Fundación Invica
Comité Mantagua
Agrícola Walnuss
Inmobiliaria Nuevas Cumbres
Agrícola El Rosario Limitada
Sociedad Bodega Buin
Work highlights
- Advises Statkraft on the preparation and execution of its water law strategy for the development of hydroelectric power plants.
- Advises MOWI on the water rights’ aspects of its aquaculture projects in Chile.
- Advises Unifrutti on numerous water law matters.
Guzmán & Cia
Guzmán & Cia's eight-strong water rights department specialises in drinking water and sanitation law, as well as administrative and corporate law, natural resources, and litigation. The group routinely assists clients in matters involving the National Water Authority, the Superintendency of Sanitary Services, the General Comptroller of the Republic, the Environmental Evaluation Service, the Superintendence of the Environment, and the General Treasury of the Republic. With ‘great knowledge of water legislation', department head and founding partner Alberto Guzmán Alcalde has a strong track record in high-stakes water rights cases; and at associate level, the specialisms of Roberto Parada Herrera and Cristian Álvarez Núñez cover administrative, water and natural resources law.
Practice head(s):
Alberto Guzmán Alcalde
Testimonials
‘A high level of knowledge, professionalism and commitment – creativity and experience in the regulatory aspects of water and renewable energy, and meets objectives within the desired time. Concrete solutions to the problems raised.‘
‘A great level of experience and knowledge of water use rights.‘
‘One of the strengths of the team is knowing how to access other disciplines properly in order to address specific cases comprehensively.‘
Key clients
Familia Ossandón Larraín
Jaime Busquet Herrera
Juan Carlos Eyzaguirre Echenique
Cermaq Chile
Agrícola Don Adolfo
Luis Felipe Claro Swinburn
Viña Garcés Silva
Minería Activa
AngloAmerican
Gracia Cosmelli Pereira
Familia Pereira Gandarillas
Asociación de Canalistas Canal Lo Fontecilla
Universidad de Los Andes
Kinross
Familia Cox Vial
Rodrigo Fernández Riesco
Saint Gabriel’s School
Sociedad Educacional San Anselmo
Consorcio Maipo
Work highlights
- Advised Inversiones Praderas de La Dehesa Limitada (Familia Ossandón Larraín) on expropriation trials, which involved drinking water and sewage issues.
- Acted for Consorcio Maipo in a lawsuit that opposed establishing a Surveillance Board on the Maipo River.
- Acted for Cermaq Chile in four appeals against the Resolution of the Waters General Directorate, which related to a payment for alleged non-use of water rights.
IMAD Abogados
IMAD Abogados fields specialists in the water, mining and environmental law aspects of natural resource development projects. The firm’s niche water law practice is frequently sought out to prepare memoranda and specialised reports, in addition to advising on the exploration of groundwater and surface water. The group also assists with the regularisation of rights, permits for hydraulic works and the constitution of easements. Other notable areas are defence-side administrative and sanctioning proceedings, and the collection of fees for non-use of water use rights. Senior partner Domingo Irarrázaval, who ‘has extensive expertise in water rights’, predominantly advises on energy, mining and aquaculture projects.
Practice head(s):
Domingo Irarrázaval
Testimonials
‘Domingo Irarrázaval has extensive expertise in water rights.‘
‘Domingo Irarrázaval makes great contributions to projects, and this is recognised by both clients and counterparts.‘
‘Domingo Irarrázaval -the clarity of his presentations and the quick response times to clients’ requirements are some of his many qualities, in addition to his kind and cordial treatment.’
Key clients
Piscicultura Loncotraro
Compañía Minera Teck Quebrada Blanca
Compañía Minera Teck Carmen de Andacollo
Frutera Aguas Blancas
Servicios e Inversiones Gestion Ambiental
Inmobiliaria e Inversiones Foresta del Mar
EDIC Ingenieros
Work highlights
- Advising EDIC Ingenieros on water law and environmental issues, in relation to the feasibility of developing two large-scale hydraulic works projects.
- Advising Compañía Minera Teck on water, mining and environmental law matters.
- Assisted Frutera Aguas Blancas with a sanctioning proceeding involving water rights.
Pruzzo Ruscica Brotfeld Abogados
Founded in 2019, specialised environmental, water rights and energy law firm Pruzzo Ruscica Brotfeld Abogados is notably active in relation to the mining, ports, agribusiness, utilities, construction, infrastructure, and electricity generation and transmission sectors. The firm’s water rights' department advises on both obtaining and modifying water rights, as well as regularisation issues. The group also assists with sectoral permits and the administrative and judicial defence of General Water Directorate decisions. The firm is additionally experienced in desalination projects, where it is able to leverage its expertise in environmental and mining law, along with maritime concessions. The broad practice of founding partner and former Jara del Favero & Ried Fabres lawyer, Javier Ruscica, covers the constitution of water use rights.
Practice head(s):
Javier Ruscica
Key clients
Aguas de Antofagasta
Transelec
Grupo FG
AES Andes
Muelles de Penco
Work highlights
- Advised Aguas de Antofagasta on obtaining the permit to modify the course of the San Salvador River for the Capellán project, which consists of the transport of industrial water from a wastewater treatment plant to different mining operations.
- Advising Transelec on the regularisation of water use rights.
- Assisting Grupo FG with the regularisation of water use rights.
Schenke Brancoli Abogados | SLBZ
The 11-strong water law department at boutique firm Schenke Brancoli Abogados | SLBZ specialises in the constitution of water rights, including regularisation, protection and safeguarding issues. The practice also fields experts in water law contracts; routinely acts for Water Code-governed companies; and advises on auditing and due diligence matters. Water law department leader Hipólito Zañartu has extensive water and mining law experience; and name partner Ricardo Brancoli represents companies in regulatory, environmental and natural resource-related conflicts. Associate Camila Pozo Parot is also a key team member.
Practice head(s):
Hipólito Zañartu; Ricardo Brancoli
Testimonials
‘They are excellent professionals with updated knowledge. Camila Pozo is a tremendous lawyer in the matter. Hipólito Zañartu is an expert.‘
Key clients
San Francisco Investment (Sun Dreams)
Del Monte Fresh Produce Chile
Aguas Andinas
T4F Chile
Soprole
Essal
Arauco
Forestal Russfin
Ecomac (Gestion y Desarrollo)
Pacific Hydro Chile
Menta Chile
José Antonio Echavarri P
Víctor Valverde Palma
Ingeniería y Construcción Ingesal
Camila Michelini Fernández
Rolf Gremler Zeh
Constructora Pucará
Stephanie Asthon
César López
Servimak
Inmobiliaria KCP
Sodeco
Felipe Letelier
CNA Chile
Etersol
Arch Comunicaciones Chile
Trends Industriales
Casino de Juegos Valdivia
Casino de Juegos Iquique
Constructora Altius
Rolando Varela
Soprole
Agrícola y Lechera La Greda
Comercial Cascadas
Reinsa
Cristián Grohnert (Termofrio)
Bioamérica
Sergio Díaz (Grupo FIDES)
Jaime Maturana
Günther Goecke
María Eugenia Prieto
Raúl Zilleruelo
Doña Carne
Arlette Adauy
Arauco Inmobiliaria
Lía Gavilán
Olivares de Quepu
Verónica Stein
Inmobiliaria Los Silos III
Luis Hernán González
Agrícola Pacífico Sur
María Paz Calleja
Constructora Altius
Cristian Grohnert
Mónica Henzi
Termofrio
Jaime Díaz
Inversiones KB
Inmobiliaria Agrícola Los Huapes
Consorcio Besalco Arauco
Asociación Nacional de Fútbol Profesional
Federación de Fútbol de Chile
Abbott Laboratories Chile
Laboratorios Recalcine
Engie Energía Chile
The Fruit Link
Eral Chile
Minera Algorta
Luis Meza Videla
Comercial Mahuida
Recondrilling Chile
Austral Berries
Punto Eléctrico (Sociedad Comercial Herratun)
Spacezat Tecnology
Antonio Puntí (Vineyard Punti Ferrer)
Sociedad Productora de Eventos Anden
Productora de Eventos La Morada del Cajón
Francisca Riesco
Bapa
La Finca Teno
Fiberglass
Cientochenta Grados
Tricapitals International
Cinthia Nallar
Curacaribs
Pan Pacific Copper Exploration Chile
Minera ACF
Compañía Mantos de la Luna
Longaví River Surveillance Group
Minera Los Pelambres
Constructora Bío Bío
Compañía Minera Gatico
Construcciones y Transportes Laja
Work highlights
- Advising Longaví River Surveillance Group (an organisation of water users that manages the Longaví River) on the administration of water rights’ lease contracts.
- Assists Agricola UAC with litigation over water rights.
- Advises Compañìa de Inversiones Adriático on mining and water issues, protection of water utilisation rights, and the constitution of water use rights.
Vergara Galindo Correa Abogados
Highly active in environmental and regulatory matters, Vergara Galindo Correa Abogados assists both domestic and foreign companies with the securing, regularisation and perfection of mining-sector-related water rights; actions before the General Department of Waters for the authorisation of transfers and adjustment of water rights; and procedures before the Hydraulic Works Department for the approval of water works and modification of water courses. It also advises on the development of desalination projects. The practice is led by mining, water and energy law specialist, Winston Alburquenque, who is also director of the Universidad Finis Terrae’s mining and water Masters' programmes. Recently-elevated associate director Solange Villarroel focuses on water law work, as well as natural resources-related transactions and litigation.
Practice head(s):
Winston Alburquenque