REPORT Nº 338 - 2022 - CESV – SGGRD-ITSE/MPA

A : Eng. Alida Cavero Palomino (E)

DEPUTY MANAGER OF DISASTER RISK MANAGEMENT

OF : Carlos Enrique Saldivar Vargas.

COORDINATOR – ITSE

SUBJECT : MARGINAL BAND VERIFICATION REPORT – ILLANYA.

DATE : Abancay September 19, 2022

I am hereby writing to you to send you this report that the evaluation and others have been
completed.

I. BACKGROUND
I.1. Through a meeting with the Deputy Manager, Eng. Edwin Andrade Choquenaira from
the Sub-Management of Urban Planning, Cadastre and Territorial Control, in which he
tells us about the construction of a retaining wall located on the old Pan-American
highway in the Illanya sector of the district and province of Abancay, department of
Apurímac, which They requested verification and immediate intervention for the
execution of riverside defense works with a retaining wall that I had been carrying out
on the banks of the Upa Mayo River, property of Mr. José Teófilo Serrano Inca,
covering up to the middle of the riverbed.

I.2. In compliance with Municipal Ordinance No. 07-2019-CM-MPA, IN Code No. 62-015
of the RAS, which regulates the construction of buildings and/or other types of activity
within the marginal strips provided by law, the which are at a very high level of
vulnerability to floods, landslides, crawling and others.

II. LEGAL BASE.

 Water Resources Law No. 29338
 Law No. 27972 Organic Law of Municipalities and its Amendment approved by
Law No. 28628.
 Law No. 29664 Law of the National Disaster Risk Management System. SINAGERD.
 Law No. 28976, Operating License Framework Law.
 D.S. N° 002-2018-PCM that approves the new Regulation of Technical Safety
Inspections in ITSE Buildings.

III. AIM.
Carry out the In Situ inspection of the construction of a reinforced concrete wall
within the marginal strip.
 IV. SCOPE OF THE REPORT.
This inspection report is limited to presenting general recommendations to carry out
improvements, maintenance and repair of the area under verification, structures or
elements related to it, based on observations made on site during the visual
inspection.
Visual inspection is understood as the recognition of all the components of the area
to which there is access by the Sub-Management of Disaster Risk Management in
order to evaluate the possible RISKS that may be generated.

It is recommended to carry out a detailed expert opinion and carry out specialized
tests if necessary.

V. EVALUATION AND/OR ANALYSIS

FIRST : The Sub Management of Disaster Risk Management together with the
participation of its representatives from the Crime Prevention Prosecutor's Office,
Administrative Authority of Water - ANA, Sub Management of Urban Planning,
Cadastre and Territorial Control, Sub Management of Citizen Security of The
Provincial Municipality of Abancay, we constitute ourselves to supervise the
construction of a retaining wall in the marginal strip on the property of Mr. José
Teófilo Serrano Inca identified with DNI No.: 43931738 located on the Pan-American
highway of the old colonial bridge. Illanya of the Abancay District

LOCATION:
 Department: Apurimac
 Province: Abancay verification site-Illanya sector
 Sector: Illanya
 Verification date: 05/16/2022
 Check time: 10.30 am
SECOND :
That, as established in article 74 of Law No. 29338, Water Resources Law, in the lands
surrounding natural or artificial channels, a marginal strip of land necessary for protection,
primary use of water, and free transit is maintained. , fishing, surveillance roads or other
services. The Regulation determines its extension .

That, article 113 of the Regulations of the aforementioned law, approved by Supreme Decree
No. 001-2010-AG, establishes that the marginal strips are public domain assets, they are made
up of the areas immediately above the banks of the water sources, natural or artificial, the Water
Management Authority sets the dimensions on one or both margins of a body of water, in
accordance with the criteria established in the Regulation. On the other hand, article 6 of the
Water Resources Law establishes that marginal strips are assets associated with water.

That, in this same sense, paragraph Ñ) of article 46 of the Regulation of Organization and
Functions of the National Water Authority, indicates that it is the function of the Water
Administrative Authorities in their respective jurisdictional scope, to approve the delimitation of
marginal strips. .

THIRD :

The technical field verification was carried out on the left bank of the Upa Mayo riverbed, a few
meters from the Illanya colonial bridge – the old Pan-American highway, where we were able to
verify the following:

3.1 That along this section of the riverbed of the aforementioned river, a riverside defense work
is being carried out, which consists of the construction of a reinforced concrete wall of
approximately 35 meters in length, said work being carried out from bottom to top,
infrastructure that is currently being executed, the same that would be
Carried out by Mr. José Teófilo Serrano Inca, owner of the property, it should be noted that at
the time of the inspection, the person in charge of carrying out the work was found who did not
want to provide any type of personal data.

3.2 Likewise, it is observed that the new lifting wall towards the lower part on the right bank of
the river is approximately 2.50 meters wide, therefore it has been covering spaces corresponding
to the natural channel (marginal strip), and this It has generated concern among the neighbors
who are on the opposite bank of the river channel, this will cause the river channel to reduce,
thus causing landslides, undermining among other damages.

3.3 On the other hand, the work was found to be a reinforced concrete work 35 meters long,
with a height of approximately 4 meters and a thickness of 80 centimeters.

3.4On the other hand, the Riverside Defense work has been carried out within a natural water
channel, Law No. 29338, Water Resources Law, establishes that water and associated natural
assets constitute assets of the Public Hydraulic domain, therefore Therefore, they are subject to
the decisions of this Law. Any intervention by individuals that affects or alters the
characteristics of these assets must be previously authorized by the Water Administrative
Authority; Under this context, Mr. José Teófilo Serrano Inca, responsible for the indicated
work, must necessarily have the corresponding authorization.

Photograph 01 : the obstruction and reduction of the river channel is observed, thus causing
undermining of the left part from the upper part to the lower part, the deviation of the natural
channel is also observed.
Photograph 02: It can be seen that the construction of the retaining wall continues today,
continuing with the assembly of the construction irons and the formwork and soon the pouring
of the concrete .
Photograph 03: The verification did not show any type of authorization for said construction
according to the Regulation for the Delimitation and Maintenance of Marginal Strips;
contemplates in Art. 3°, that: "the marginal strips are assets of public hydraulic domain, so they
have the condition of inalienable and imprescriptible. The Water Administrative Authority
(AAA) authorizes the execution of any activity or installation that is intended to be carried out
in the marginal strips, within the framework permitted by the Water Resources Law and its
Regulations.

PHOTOGRAPH 04: After the verification, said work was stopped due to not having any type
of authorization from the National Water Authority.

VI. CONCLUSIONS.
 In the field verification, carried out on September 16 of this year, it was confirmed that the
construction of the retaining wall a few meters from the Upa Mayo river (Illanya
colonial bridge) has the dimensions of 35 meters long, with a thickness of 0.80
centimeters and a height of approximately 4 meters, said construction has been
carried out within the marginal strip without any type of authorization.
 In this regard, Law No. 29338, Water Resources Law, establishes that water and
associated natural assets constitute public property Hydraulic, therefore, it is subject to
the provisions of this Law. Any intervention by individuals that affects or alters the
characteristics of these bins must be previously authorized by the water administrative
authority.
 That, likewise, numerals 17.1 and 17.2 of Art. 17 of the aforementioned Chief
Resolution, establish that: The AAA may authorize the future occupation of the
marginal strip for the execution of hydraulic infrastructure works or public
services. This authorization is granted for a period of two (02) years and does not
authorize the execution of work or activities in the marginal strip.” 17.2 “The
request for authorization to execute hydraulic infrastructure works or services
carried out in the marginal strips must be accompanied by the authorization
indicated in the preceding paragraph, unless they are processed in a single
procedure on a cumulative basis.
 The alleged person responsible for the execution of the riverside defense work would be
the owner of the property, Mr. José Teófilo Serrano Inca, who would apparently be
executing this infrastructure without the corresponding authorization.
 This work under construction is reducing the natural flow of water, generating scour,
this is an imminent danger in the rainy season, giving rise to a deviation of the flow, this
will cause material damage in the future.
 Regulation No. 29338 WATER RESOURCES LAW
 Article 110.- Repair of damage due to channel deviation
 110.2 The National Water Authority, upon becoming aware of the
unauthorized deviation of the water course by the action of a natural or
legal person, will be present at the scene to verify and evaluate the facts
and the damage caused as well as to dictate the provisions of restitution.
immediate and start of the sanctioning procedure.

VII. RECOMMENDATIONS.
 It is recommended to inform the National Water Authority (ANA) regarding these
events, given that they are leading to the generation of a danger that could lead to a risk
that affects life.
 It is recommended to intervene immediately since the construction is located within the
natural channel, causing a bottleneck and resulting in continued scour by water, which
will cause problems in the rainy season.

VIII. EXHIBIT
 REPORT Nº 032 - 2022 - JCM – SGGRD-ITSE/MPA

It is all that I have to report, it is sent to your office for your knowledge, evaluation, review and
other consequential.

Sincerely;