Federal Constitution
in validity modified, in several aspects, the text of the
Code of the Waters. One of the done alterations was the
extinction of the Private Domain of the Water, foreseen
in some cases as an old legal diploma. All of the bodies
of water, starting from October 1988 became of public domain.
Another modification that the Constitution introduced, that
is worthy of reference, was the establishment of only two
domains for the bodies of water of Brazil: the Domain of
the Union, for the rivers or lakes which become more than
a federated unit or that serve as a border among those units,
or enter the territory of Brazil and of the neighboring
country or of this they come or for the same to extend;
and the Domain of States, for the waters superficial or
underground, fluent, emerging and in deposit, excepted,
in that case, the current of work of the union.
It is important to point out that: the first beginning
is of the adoption of the hydrographic basin as a unit
of planning. However, the hydrographical basin, according
to its global concept, taking into consideration the underground
waters of its vertical projection, as much as it should
incorporate the demands and the relationships with the
adjacent basins and the remaining of the territory of
the federated unit covered just partially by the same;
The multiples uses of the water, that it puts all of the
categories users in equality of conditions in access terms
to that natural resource. In Brazil, traditionally, the
electric section acted as the only agent of the process
of water resources superficies favoring that section to
the detriment of the other categories users of the water.
The fourth is the one of the decentralized administration
and participation. The philosophy behind the decentralized
administration is that whatever can be resolved in the
government's lower hierarchical levels won't be solved
by higher levels of that hierarchy. In other words, what
can be resolved in the regional governments' should be
resolved there not in Brasília or in the State
Capitals