New Regulations on Seawater Desalination in Chile

By Josefa Conget, Director of the Public Litigation Team

Actually, Chile does not have a specific regulatory framework for seawater desalination. As a result, the industry has operated under general maritime concession rules. To address this gap and the sector’s disorganized growth, the National Congress began processing the bill on seawater use for desalination (Bill No. 11,608-09), which is now close to becoming law.

Essential Content of the Future Regulations

The legislative initiative addresses four fundamental areas:

Desalination projects will have a special maritime concession. This regime sets new oversight and sanctions. Concessions last 30 years and can be renewed once. The current holder gets a preferential right to reapply.

National Desalination Strategy

The law provides for the development and periodic updating of a National Desalination Strategy, a planning instrument designed to guide the sustainable development of projects in harmony with water security, climate change adaptation, and the protection of biodiversity and marine and coastal ecosystems.

Legal easement for desalination

A specific legal easement is created for the conveyance of desalinated water, thereby overcoming the restrictions imposed on this type of infrastructure by the aqueduct easement regulated in the Water Code.

Amendments to the supplementary regulations

The initiative introduces adjustments to various legal frameworks to facilitate the siting, construction, and operation of desalination plants and facilities.

Current Status of the Bill

On March 25, 2026, the Senate passed the bill in its third constitutional stage. It now awaits the President’s promulgation. The Executive Branch can still veto it, but this has not happened. The law is expected in May 2026, depending on the Comptroller’s review.

How might this regulation impact your activities?

This new regulation will directly affect key sectors, including mining, agriculture, healthcare, energy generation, and coastal real estate development. For example, mining operations may need to adjust to the new concession regime, agricultural producers will face changes in water-sourcing rules, healthcare facilities may encounter updates to water-quality standards, and energy and real estate projects will need to comply with stricter oversight requirements. Companies and investors in these sectors are advised to assess how the National Desalination Strategy, specialized concession process, and enhanced oversight will specifically influence their current operations and future developments.