Winston Alburquenque addresses the challenges of processing a desalination concession under the Law of Sectoral Authorizations
VGC Abogados shares the article by our partner Winston Alburquenque, “Challenges of Processing a Desalination Concession considering the Framework Law on Sectoral Authorizations,” published in the 2026 issue of ACADES Legislative Pulse.
What is the article about?
The article analyzes the legal and procedural challenges faced by applicants and the State Administration when processing seawater desalination concessions in Chile, considering the coexistence of two regulatory frameworks: Law No. 21,770, which establishes the Framework Law on Sectoral Authorizations (LMAS), and the new special regime designed for desalination activity.
Winston addresses how the simplifying and standardized logic of the LMAS —with maximum deadlines of 120 business days and the dismissal effect of administrative silence—comes into tension with a concession procedure that, by legal design, is structurally complex and multisectoral.
The analysis includes coordination among multiple agencies —such as the Ministry of National Defense, the General Directorate of Water Resources, the Ministry of Public Works, regional governments, and health and environmental authorities— and offers concrete recommendations to reconcile the speed required by the Water Resources Management Law (LMAS) with the technical rigor demanded by the concessionary institution.
VGC Abogados, part of ACADES
VGC Abogados is a member of the Chilean Desalination and Reuse Association (ACADES), an intersectoral organization that gathers companies from various sectors and specialties, founded in May 2021. Its mission is to promote the use and drive the sustainable development of new water sources, such as seawater desalination and wastewater reuse, for Chile’s water security.
We congratulate Winston Alburquenque on this important contribution to the legal debate on a topic of enormous relevance to Chile’s water future. The analysis is a fundamental contribution for those involved in the development of desalination projects and for the legal community in general.
We invite you to read the full article. If this topic is relevant to your industry or professional practice, please feel free to share this post so that it reaches more people interested in Chile’s water security.
