Chile’s National Congress has passed a bill regulating the sustainable development of desalination, establishing a legal framework that provides certainty to the industry through the creation of specific enabling titles and territorial use mechanisms. The regulation not only introduces a concession regime for the private sector, but also institutionalizes maritime allocations in favor of public authorities.
The bill was approved on March 25, 2026, and has been submitted to the Executive for enactment. It will enter into force eighteen months after its official publication, allowing time for the issuance of implementing regulations necessary to make the new system operational.
- Desalination Concessions and Allocations
The law distinguishes between two types of administrative acts for the use and enjoyment of public assets (territorial sea, seabed, and beaches) for desalination purposes:
- • Desalination Concession: Granted to private legal entities or public bodies with legal personality and their own assets, in exchange for the payment of a fee or tariff.
- • Desalination Allocation (Destinación): A key instrument for the public sector, defined as the administrative act granting use of such assets to public authorities that lack legal personality and their own assets.
Additionally, the law introduces a Strategic Allocation, a special category for the Armed Forces, allowing the installation of desalination plants classified as “military installations for defense purposes,” on grounds of national security.
- Special Desalination Easement
One of the most significant developments is the creation of a statutory desalination easement, which authorizes the holder to occupy and enclose the land necessary for the construction and operation of desalination plants and related infrastructure (pipelines, aqueducts, power lines, among others).
This easement addresses one of the main barriers historically faced by the industry: the lack of enforceable land-use rights applicable to the terrestrial infrastructure associated with desalination.
In terms of scope, the easement expressly allows the occupation and enclosure of land required for the installation and operation of plants, pipelines, aqueducts, and electrical substations. From a procedural standpoint, while it may be constituted by agreement between the parties, in the absence of agreement the holder may request its judicial imposition through summary proceedings. The law also allows the exercise of easement rights during the course of litigation, subject to the provision of adequate security.
- Practical Implications and Strategic Outlook
The bill provides a solid foundation of legal certainty by expressly recognizing that desalination projects are always permitted in rural areas, and that related pipeline infrastructure may cross both urban and rural zones without being subject to restrictions arising from land-use planning instruments.
If you want, I can also prepare a one-page executive summary, client alert email, or LinkedIn version tailored to your audience. Should you require further information on this matter, please contact Francisco López (flopez@jdf.cl) or Eduardo Silva (esilva@jdf.cl).
