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A Decision Made in Brasília Changes the Future of a Strategic River in Brazil: UHE Funil Receives Green Light to Operate Until 2052 and Redefines the Balance Between Energy, Water, and Law

Written by Noel Budeguer
Published on 05/02/2026 at 19:23
Updated on 05/02/2026 at 19:25
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Hydroelectric Plant Funil Has Concession Granted Until 2052 and Rules for Energy Generation Are Updated by the Directorate of ANA

The Collegiate Directorate of ANA (National Water and Basic Sanitation Agency) approved, on February 2, the extension of the concession of water use rights for the Funil Hydroelectric Plant, located on the Paraíba do Sul River, in the municipality of Resende, in the south of the state of Rio de Janeiro. This decision was made during the 949th Ordinary Deliberative Meeting of the collegiate, held in Brasília, and was reported by director Larissa Rêgo.

With this deliberation, the validity of Concession No. 561/2020 has been extended until June 17, 2052. Now, the measure aims to align the term of the water use authorization with the concession contract of the enterprise, in accordance with current legislation. Therefore, the compatibility between the instruments is considered essential to ensure legal certainty for the operation of the plant and regulatory stability for the electricity sector.

In addition to the extension, the Collegiate Directorate also approved the transfer of the concession title. This change results from the process of incorporation of Furnas Centrais Elétricas S.A. by Centrais Elétricas Brasileiras S.A. (Eletrobras), a company that recently adopted the name AXIA Energia. With this, the water use rights for the Funil HPP will be formally registered in the name of the new titleholder, with the necessary adjustments in the Agency’s records.

This decision took into account technical and legal analyses prepared by the specialized areas of ANA. Among the points evaluated was the update of the monthly average inflow series to the enterprise, a procedure aimed at incorporating more recent hydrological data.

Despite the update, there were no changes in the operational characteristics of the plant, maintaining the parameters already established previously. The approval authorizes the issuance of a new concession act, reflecting the adjustments approved by the collegiate.

Update of Regulatory Framework on Hydroelectric Plants

During the same meeting, the Collegiate Directorate advanced on another relevant topic for the water resources and energy sector. The proposal for a resolution that updates and consolidates the regulatory framework related to the DRDH (Declaration of Water Availability Reserve) and the right to use water resources for hydropower generation was approved. The process was also reported by director Larissa Rêgo.

The initiative seeks to align ANA’s norms with more recent legislations, such as the Economic Freedom Law and the National Dam Safety Policy, in addition to broadening the scope of the rules to include CGHs (Small Hydropower Plants).

Thus, the main objective is to make procedures clearer, more efficient, and compatible with the current reality of the sector, without sacrificing technical rigor and environmental safety, as stated in a text on the Federal Government’s website.

On this occasion, the normative revision process included extensive social participation. Throughout the public consultations held by the Agency, more than a hundred contributions were received from representatives of different segments, including representatives from the electricity sector, technical specialists, and civil society members. The suggestions were analyzed from technical and legal perspectives, resulting in the approval of a new Resolution and a complementary Ordinance, focusing on the simplification and transparency of administrative procedures.

Agenda and Calendar of Meetings

The 949th Ordinary Deliberative Meeting also included other items on the agenda, such as the analysis of administrative resources in the second instance and requests for the Declaration of Water Availability Reserve for hydropower projects. The next meeting of the collegiate is scheduled for February 23.

ANA also reported that the calendar of deliberative meetings of the Collegiate Directorate for the year 2026 is now available on its official website. Monthly meetings are planned, with one or two sessions per month, and dates may change. The Agency’s portal allows access to convocatory acts, meeting minutes, and other documents related to the sessions.

The deliberative meetings of the Collegiate Directorate are fundamental decision-making instances of ANA. In these meetings, directors analyze and deliberate on topics related to the management of water resources, basic sanitation, dam safety, and other regulatory matters. The meetings are broadcast live on the Agency’s official YouTube channel, increasing public access to the agency’s decisions.

Concession and Management of Water Resources

The concession of water use rights is one of the main instruments of the National Water Resources Policy. Its objective is to ensure the quantitative and qualitative control of water use, as well as to guarantee a balanced exercise of rights to access this natural resource. In the case of water bodies owned by the Union, the competence for issuing the concession lies with the National Water and Basic Sanitation Agency.

Through this mechanism, ANA seeks to reconcile economic development with environmental preservation, ensuring that enterprises like hydroelectric plants operate sustainably and in compliance with legal norms.

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Noel Budeguer

Sou jornalista argentino baseado no Rio de Janeiro, com foco em energia e geopolítica, além de tecnologia e assuntos militares. Produzo análises e reportagens com linguagem acessível, dados, contexto e visão estratégica sobre os movimentos que impactam o Brasil e o mundo. 📩 Contato: noelbudeguer@gmail.com

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