P.R. Laws tit. 12, § 1115m
In furtherance of the public interest, the Secretary may grant dispensations within his plan and regulation for the use, conservation and development of the waters and bodies of water of Puerto Rico. Said dispensations shall be preceded by public hearings which shall be announced as provided in § 1115r of this title. The applicant for the dispensation shall bear the burden of proof and must show clearly and conclusively that he would utilize the waters he seeks in the best and most beneficial and reasonable way; that the dispensation would not entail a significant adverse effect on the environment or natural systems; that it would not impair vested rights or the enjoyment of another’s property, and that it would not jeopardize the health, safety and welfare of the community. After hearing the evidence, the Secretary shall enter an order based on findings of fact and issues of law. The decision of the Secretary may be reviewed by the Court of First Intance of Puerto Rico upon the filing of a petition to that effect by any interested party within thirty (30) days after its official notice.
Any use, dispensed in whole or in part, shall be subject to the emergency powers which Section 5(h) of this act grants to the Governor, and to the regulatory requirements that may be established by the Board on Environmental Quality and the Secretary.
History —June 3, 1976, No. 136, p. 390, § 14.