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New ANA Rule Allows Exemption from Federal Grant Request for Certain Withdrawals of Up to 86,400 Liters Per Day Outside of Arid Regions and Critical Basins, but Maintains Oversight, Registration When Required, and State Regulations.
One figure stands out: 86,400 liters of water per day. Since December 2025, certain withdrawals at this limit may be exempt from the grant request to ANA (Brazil’s National Water Agency). However, this rule applies only under specific conditions and does not make the water found on a property a freely usable resource.
The limit corresponds to 86.4 cubic meters per day, or an average flow rate of 1 liter per second when extraction occurs continuously over 24 hours. It should be understood as a daily maximum volume within federal guidelines, and not as an automatic license to install pumps, open channels, or extract water anywhere.
ANA’s current guidance states that if the extraction is outside arid municipalities, outside critical basins, and has a flow rate of up to 86.4 m³ per day, there is no need to request a grant. In other cases, users must apply for regularization through the Águas Brasil Platform, where the water use will be analyzed and potentially recognized as insignificant.
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Resolution No. 236/2024 Is in Effect but Was Altered Before Taking Effect
The regulatory basis is Resolution ANA No. 236, published in December 2024. Although the name of the regulation carries that date, its validity began on December 2, 2025. Resolution ANA No. 273/2025 amended the text, including the effective date and rules regarding delinquent users, without eliminating the limit of 86.4 m³ per day.
Resolution No. 236 classifies activities associated with withdrawals of up to this volume as Level I risk, except when located in municipalities within the semi-arid region or in water bodies subject to special usage rules. Level I activities are exempt from the request for regularization of water use.
In its articles about insignificant uses, the same regulation states that volumes withdrawn equal to or less than 86.4 m³ per day do not require a grant. It also makes clear that specific ANA rules or decisions from the National Water Resources Council may impose different treatments in certain water bodies.
This clarifies why the number alone does not resolve the situation. Location, water ownership, special basin regulations, purpose of use, existence of water conflicts, and information declared by the user remain relevant.
Arid Regions and Critical Basins Require Analysis Instead of Blind Trust in the Limit
Withdrawals located in municipalities of arid regions or in critical basins do not qualify for the automatic exemption reserved for Level I risk. In these areas, availability is typically more pressured, and there may be regulatory benchmarks, water allocations, temporary restrictions, usage priorities, or specific limits.
The path indicated by Brazil’s National Water Agency is to request regularization through the Águas Brasil Platform. If the usage meets the applicable criteria and is classified as insignificant, the agency may issue a Declaration of Regularity of Water Resources Usage that Does Not Require Authorization. Therefore, requesting regularization and receiving a declaration of insignificant use does not equate to assuming exemption prior to analysis.
Even uses considered insignificant remain subject to monitoring by Brazil’s National Water Agency. False information, withdrawal above the declared volume, non-compliance with special rules, or alteration of the body’s conditions may lead to fines and other administrative consequences.
Law No. 9,433/1997, known as the Water Law, states that insignificant withdrawals and extractions may not require authorization as per regulations. The same law establishes that authorization exists to ensure quantitative and qualitative control and the exercise of rights to access water.
The authority of Brazil’s National Water Agency covers federal waters, not every river, lake, or well in the country
The rule of Resolution No. 236 applies to bodies of water owned by the federal government. Practically speaking, this group includes rivers, reservoirs, lakes, and ponds that cross more than one state or border with other countries, or extend into foreign territory. Brazil’s National Water Agency also oversees water stored in certain federal reservoirs.
In contrast, rivers and other water bodies owned by the state adhere to the regulations of the respective state’s managing agency. The limits for insignificant use may differ from the 86,400 liters per day adopted by the federal rule. Some states require registration or declaration, while others set smaller volumes and their own procedures.
This distinction is even more crucial for wells. Groundwater is owned by the states, and drilling or extraction must comply with state requirements. The owner cannot automatically apply the federal limit of Brazil’s National Water Agency to conclude that a well of up to 86.4 cubic meters per day is exempt from authorization.
In states like Pará, Rio de Janeiro, and Tocantins, for example, requests related to state waters may start on the Águas Brasil Platform, but are forwarded to state authorities. The system used does not change the legal jurisdiction of those reviewing and deciding.
Exemption from authorization does not eliminate registration, environmental licensing, or duty of care
Brazil’s National Water Agency itself emphasizes that the exemption from authorization does not eliminate, where applicable, the registration of usage with the competent agency. It also does not replace environmental licenses, construction authorizations, sanitary rules, protection of permanent areas, third-party rights, or other obligations applicable to the project.
For federal extractions classified as risk level I, the Declaration of Regularity stipulated in Resolution No. 236 is optional. The current tutorials of the Águas Brasil Platform indicate that the user can receive a certification of exemption from requesting regularization upon reporting an extraction within the limit and outside the exceptional areas.
However, at the state level, registration or expression of the managing agency may remain mandatory even when the withdrawal does not require authorization. Thus, “exempt from authorization” and “exempt from any procedure” are legally distinct phrases.
Before starting water extraction, the user must identify the water body, confirm whether the water is federal or state-owned, check if the location is in a semiarid region or in a basin with special rules, and consult the competent authority. Only after this diagnosis can it be determined whether a permit, declaration, registration, or exemption is required.
The rule allowing for 86,400 liters reduces bureaucracy for low-risk uses in limited situations. It does not provide a free pass. Have you encountered different requirements for water extraction in your state? Share your experience in the comments.
