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Corpoguajira unilaterally liquidated the agreement with Acuavalle

The highest environmental authority also ordered its termination ipso jure and declared its non-compliance.. $3.000 millones, was the sanction imposed on Acuavalle.

With the issuance of the Resolution 01210 of 2011, The Regional Autonomous Corporation of La Guajira, recognized the ipso jure termination of the Interadministrative Agreement 008 signed with Acuavalle S.A E.S.P on 20 de junio de 2008. Additionally, it ordered its liquidation and declared its non-compliance by the Acueducto y Alcantarillado company of Valle del Cauca..

The term of execution of the Agreement was 16 months counted from the date of subscription of the minutes of initiation of execution thereof, which happened on 19 August 2008. Initially the execution period expired on 18 December 2009. Later the term of the Agreement was added in 9 months, leaving its definitive term of 25 months, who won 18 September 2010, without Acuavalle S.A E.S.P complying with the delivery of the definitive projects corresponding to the following locations: Majayura, The meeting and Los hormitos. Similarly, I do not carry out the execution and delivery of the works: Los Pondores, Carraipia, Majayura, Paraguachón, The wells, El Tablazo, Deep Well, The doubt, The Board and the Hornitos.

Expiry of the execution period of the Agreement, with the confirmation of its non-compliance and in accordance with what was decided in several of the inter-institutional committees, CORPOGUAJIRA, immediately informed Acuavalle S.A E.S.P, such circumstances and the need, convenience and imperativeness of initiating the bilateral liquidation process of the same. This proposal was presented, delivered and discussed in the different committees developed around the topic.

Despite the above Acuavalle S.A E.S.P, not only did it not make a statement on the bilateral settlement proposal, but he also did not attend an inter-institutional committee convened on 24 February 2011, for discussion, study and approval of the liquidation act.

For the purposes of complying with the clause 12 of the Convention No.. 008 of 2008, Corpoguajira applied to Acuavalle S.A E.S.P, the pecuniary criminal penalty, valued at twenty percent (20%) of its total value, i.e., the sum of $3.000 millones, which must be canceled to CORPOGUAJIRA.

In addition, the highest environmental authority, ordered to carry out the pertinent legal procedures, including the application of coercive jurisdiction, to achieve the reimbursement of the sums of money that Acuavalle S.A E.S.P must reimburse CORPOGUAJIRA, as a result of the unilateral liquidation.

The agreement signed was with the objective of increasing the coverage of water and sewage services and consequently reducing the morbidity and mortality rates associated with the environmental problems of 20.231 habitantes – non-dispersed rural population of the Department of La Guajira; which was carried out within the framework of Agreement No.. 221 of 2007, signed between the Government of La Guajira and this Corporation.

Through this agreement, Corpoguajira was obliged to the Department of La Guajira to structure the administrative and legal mechanisms necessary for the execution of the object..

Uninvested resources, are found in Corporation accounts, which have been intended solely and exclusively for the agreement, generating interest in favor of the Department of La Guajira. These monies will be returned to the departmental administration.


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