Law on the Creation of the Protected Wild Area National Landscape Arenal Reservoir Water Mirror and the Promotion of Activities Associated with the Sustainable Use of its Buffer Zone

Bill No.: 22.981 ·

Status: Called during the extraordinary session period. In plenary, second debate (consideration of motions under Article 137 of the Rules of Order) ·

Sponsor: Executive Branch ·

Committee: Standing Special Committee on Tourism (CPETUR) ·

Submitted: March 29, 2022 ·

Last CET update: 01/22/2026

Summary

Bill 22.981 creates the Protected Wild Area “National Landscape Arenal Reservoir Water Mirror” over the water surface of the reservoir up to elevation 548.58 m a.s.l., including its islands, and declares the Environmental and Social Development Plan (PDAS, for its acronym in Spanish) for the management of its buffer zone to be of public interest. The objective is to regulate the use of the lake under the management category “National Landscape”, making the reservoir’s energy function compatible with productive and sustainable tourism activities in neighboring communities.

Scope

The initiative establishes a new protection category for the water surface (National Landscape), defines a buffer zone with use restrictions, enables the preparation of a General Management Plan, a Public Use Regulation and the PDAS, and structures the role of ICE, MINAE, IGN and other institutions regarding the use of the reservoir and its shoreline. It does not modify the status of the reservoir as an energy reserve nor its international Ramsar designation; rather, it introduces an internal classification that does not currently exist, which is necessary in order to have formal management plans.

Related subject areas:

Conservation of biodiversity and protected wild areas; water resources and hydroelectric power; land-use planning; tourism and aquatic recreation; marinas and docks; regional and local development; legal certainty for investments; fulfillment of international commitments (Ramsar).

Tourism segments affected:

Nature and landscape tourism; lake and recreational boating tourism; recreational fishing where allowed; wellness tourism linked to the lake; lodging and tour offerings in lakeside communities (Northern Zone and part of Guanacaste); linkages with transportation, gastronomy and services.

Impact analysis (CET)

Regulatory:

The bill fills a regulatory gap by granting the water surface a protected wild area category, a status it does not currently have, and by mandating the creation of planning instruments (Management Plan, PDAS, regulations). This can improve coherence between the Ramsar designation and the domestic legal framework. At the same time, it introduces an additional regulatory layer that must be carefully harmonized with the mandates of SINAC, ICE, ICT and CIMAT in order to avoid overlaps or gaps.

Economic:

Regulating the tourism use of the reservoir could provide legal certainty to existing activities and encourage investment in boating and recreational products with higher added value for communities. In the short term, it may entail adaptation costs for informal operators that have to adjust to new rules, but in the medium term it may stabilize revenues and reduce the risk of closures or fines for non-compliance.

Destination competitiveness:

Having clear rules on lake use, carrying capacity and environmental standards can strengthen the region’s reputation as an orderly and safe destination, differentiate its offer from other reservoirs and lakes in the region, and generate a positive narrative as a “model of sustainable use of a Ramsar reservoir.” Competitiveness will depend on the regulations being clear, applicable and accompanied by training and communication processes.

Environmental/resources:

The National Landscape category and the PDAS can help protect water quality, the biodiversity associated with the Ramsar wetland and the reservoir’s energy function, provided that precise limits are defined for permitted uses, carrying capacity and environmental monitoring.

Safety/compliance:

The bill tends to improve legal certainty by moving from a situation of high informality in tourism use of the lake to a framework of permits and explicit rules. This implies, however, greater compliance demands on operators and municipalities, as well as the need to strengthen institutional capacity to monitor and enforce the new standards.

Employment/human capital:

The formalization and diversification of tourism activities on the reservoir can generate additional jobs in guiding, boating operations, maintenance, water safety and related services, with demand for training in environmental regulations, water safety, risk management and visitor services. The impact will depend on the regulatory framework facilitating the participation of local actors and not becoming an excessive barrier to entry.

Risks:

– Possible tensions between institutions (SINAC, ICE, ICT, municipalities, CIMAT) over mandates and use criteria.

– Social perception of “closure” or “privatization” of the lake if public communication is not clear about the objectives and scope.

– Delays in approving regulations and management plans that generate prolonged uncertainty.

– Overregulation or, on the contrary, insufficient regulation that fails to balance conservation and use.

Opportunities:

– Turning the Arenal Reservoir into a demonstration case of integrated management of a multi-use Ramsar wetland (energy, tourism, production).

– Improving the articulation between conservation, tourism and local development through the PDAS and management instruments.

– Aligning tourism investments with sustainability and carrying capacity criteria, reducing future conflicts.

– Using the new category to access technical and financial cooperation linked to wetland conservation and sustainable tourism.

CET position and recommendations

CET position:

Under review. On a preliminary basis, CET identifies that the creation of the National Landscape Arenal Reservoir Water Mirror can help close regulatory gaps, strengthen coherence with the Ramsar designation and improve legal certainty for tourism and productive activities, provided that regulations and management plans ensure: effective protection of the wetland’s ecological values, participation of lakeside communities in governance, and clear coordination among the competent institutions.

Brief timeline:

03/29/2022: Bill submitted by the Executive Branch to the Legislative Assembly.

04/25/2022: Unanimous favorable report by the Standing Special Committee on Tourism.

2022–2024: Consultation process with municipalities and institutions (CIMAT, municipalities in the area, among others) on the original text and substitute texts.

2025: Presentation of a substitute text in Plenary under Article 137; issuance of technical and legal opinions (for example, by CIMAT and ICT).

2025–2026: Calls and withdrawals during extraordinary sessions through Executive Branch decrees.

Next steps:

Resolution of substantive motions to the substitute text in Plenary, eventual approval in second debate, possible optional consultations of constitutionality and, finally, the vote in second debate. In parallel, it will be key to follow the discussion on the governance of the proposed area and the content of the future Public Use Regulation and General Management Plan, which will determine in practice the balance between conservation and tourism use of the reservoir.

Frequently asked questions from the sector (quick answers, based on the bill text)

Does it “take away” resources from the ICT?

The bill does not modify ICT’s financing structure or reassign its revenues. The institution participates as a technical actor in the discussion and eventually in implementation, but there are no provisions that redirect budgetary resources from or to ICT.

How does it promote regional development?

The initiative creates a protection and zoning framework over the lake that makes it possible to define, through management instruments, which productive and tourism activities are compatible with conservation. This can provide legal certainty to existing activities, open space for new boating and nature products with higher added value and strengthen the positioning of the Northern Zone and part of Guanacaste as an orderly and sustainable lake destination, provided that implementation prioritizes local linkages and community participation.

Official documents

– Original text of Bill 22.981 (Legislative Assembly). – Unanimous favorable report by the Tourism Committee. – Substitute texts and substantive motions under Article 137 in Plenary. – Technical and legal opinions by relevant institutions (for example, CIMAT, ICT). – Ramsar Information Sheet “Cuenca Embalse Arenal” and national documents on wetlands of international importance.

Legislative year: 2024–2025

CET lead: TFMG

Segundo día 137 Expediente 22981 texto sustitutivo.pdf

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