The Government issued Decree 0177 of February 24, 2026, in furtherance of the State of Economic, Social and Ecological Emergency declared by Decree 0150 of 2026, adopting extraordinary measures in environmental and risk management matters.
The decree states that environmental permits, concessions and licenses are acts subordinated to the public interest and that, within the framework of the emergency, the competent environmental authority may adopt additional measures or modify existing conditions where unforeseen impacts or significant alterations to the assessed risk are identified, in application of the principles of prevention and precaution.
With respect to hydroelectric projects, the decree establishes the temporary requirement to evaluate and adjust the flood control storage (volumen de espera) in reservoirs by reference to return periods of not less than 500 years, as a transitional operational standard. The measure clarifies that it does not modify structural design criteria, but rather introduces an enhanced operational parameter for the duration of the emergency.
The decree also temporarily authorizes the immediate use of technical information generated in the course of the formulation or updating of River Basin Management Plans (POMCA), to establish environmental determinants for territorial planning, even where such plans have not yet been formally adopted through a final administrative act. This authorization does not replace the ordinary adoption procedure nor eliminate the stages of participation, consultation or inter-agency coordination required under the applicable legal framework.
Additionally, the decree provides for an expedited and temporary procedure for certain environmental proceedings associated with works for the rehabilitation, upgrading or reconstruction of water supply, sewerage and basic sanitation infrastructure during the term of the emergency.
It further temporarily authorizes the adoption of provisional riverbank buffer zones (rondas hídricas) based on available technical information, pending completion of the ordinary formal delimitation process. Likewise, it establishes an exceptional and temporary authorization concerning the forest reserve exclusion procedure (sustracción) in National Forest Reserve areas for actions directly related to addressing the emergency, under the terms and conditions set out in the decree.
In another of its sections, the decree instructs the Regional Autonomous Corporation of the Sinú and San Jorge Valleys (CVS), in coordination with the Ministry of Environment and Sustainable Development, to give priority to implementing projects and activities aimed at the reconnection, rehabilitation and restoration of functional hydrological ecosystems, with an emphasis on the wetlands, and the middle and lower Sinú River and their alluvial valleys
Finally, the decree introduces a temporary financing measure consisting of a contribution equivalent to 2% of gross revenues from self-generated energy sales for a period of six months, applicable to generation companies falling within the scope defined in the decree (in particular, depending on the location or operation of their infrastructure in directly affected river basins). The proceeds are earmarked exclusively to finance the extraordinary actions provided for in Decree 0177 of 2026, and their execution is subject to the technical guidelines to be issued by the Ministry of Environment and Sustainable Development and to the prior technical verification required under the decree for the projects or interventions to be financed.
We remain available to address any questions and to assist in assessing the implications of these measures for your projects, regulatory obligations and operations.