Summary
On 1 December 2025, the Municipal Council of Florencia in Colombia, approved Agreement No. 2025018, which recognizes “the rights of the Hacha River as a living entity: to an ecological flow, to not be polluted, to the protection of its riparian zones, and to the restoration of its ecosystem.” (page 5) The law states that its implementation and interpretation shall be governed by the precautionary principle, prevention, maximum environmental protection, and especially, the Hacha River as a subject of rights.
The law states that, as an ecosystem of high ecological value and a primary source of water for the city of Florencia, the Hacha River basin requires legal recognition that guarantees its effective protection and long-term conservation by recognizing its intrinsic value and its fundamental role in the regional ecosystem balance. The Hacha River basin covers 21.8% of the municipality and extends between the Andean and Amazonian regions.
It also states that the water basin requires diversified participation and conservation strategies to ensure its preservation for present and future generations. It establishes the Water Fund for the Andean-Amazonian Transition of the Hacha River as a special account of the municipality intended to promote, coordinate, and articulate actions for the protection and sustainable use of the river and its watershed.
The municipal law cites several legal precedents by the Colombian Constitutional Court, including the Atrato River case, which concluded that the right to water is not only essential for food, hygiene, and work, but also to maintain ecosystem balance, which is imperative for life itself. “Thus, the role of the fundamental right to water in declaring the Atrato River a subject of rights stemmed from its essential nature for human and natural life. Consequently, it deserves protection in and of itself, and not only because of its use or exploitation by humans.” The municipal law states that although it refers to the Atrato River, the principles can be applied to the Hacha River. It also cites Judgment STC-4360 of 2018 which declared the Colombian Amazon a subject of rights, and notes that the Haca River basin is an integral part of the Amazonian territory and plays a role in preserving the region’s environmental balance.
The law relies on the Constitutional basis of collective rights and “the obligation of the State and of individuals to protect the natural resources of the Nation”, as well as the country’s General Environmental Principles, which stipulate that “the páramo and sub-páramo zones, water sources, and aquifer recharge zones will be subject to special protection.”
Author: Cat Haas
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2026. Distributed by the Eco Jurisprudence Monitor. https://ecojurisprudence.org/initiatives/florencia-colombia-municipal-law-rights-of-the-hacha-river/.
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