Summary: Before purchasing the irrigation system, check how to regulate water use. Surface abstraction and well extraction are among the uses subject to water-use permitting, with exemption hypotheses defined in regulation. See how to identify the responsible body, check the framework and gather project data.
What is a water-use permit?
A water-use permitting the right to use water resources is the act that allows water to be used under conditions defined by the competent authority. For those who irrigate, these conditions may include the source, the collection point, the flow rate and the operating regime.
Provided for in Law 9,433/1997, the water-use permit does not transfer ownership of the water. The right of use has a term and must respect the conditions of the act. Authorization also does not eliminate restrictions arising from scarcity or the need to meet priority uses.
When irrigation requires a water-use permit
Article 12 of Law 9,433/1997 includes the abstraction of surface water and the extraction of underground water for final consumption or production processes among the uses subject to water-use permitting. This is the rule that needs to be checked by anyone who intends to pump from a river, stream, reservoir or well to irrigate.
The law also covers other uses that alter the regime, quantity or quality of water. Therefore, the classification of a catchment does not alone resolve the regularization of a dam or other associated intervention. Consult the requirements of the responsible body before implementing the works.
What is insignificant use
The law allows uses that do not depend on water-use permitting, according to the criteria defined in regulation. The size of the property or irrigated area alone does not prove this situation.
Limits and procedures vary. Two examples help to understand the difference:
- Union waters: article 86 of ANA Resolution 236/2024, in its consolidated text, includes captured volumes of up to 86.4 m³/day. There are specific limits for Annex IV water bodies and exceptions arising from a specific ANA resolution or deliberation by the National Water Resources Council. The old Resolution 1,940/2017 was revoked.
- Paraná: for certain individual surface catchments classified as “other activities”, the IAT informs the limit of 1.8 m³/h. The framework also considers the sum of uses and restrictions of the standard. This state example should not be transferred to wells, federal waters or other purposes.
Before considering a waived abstraction, confirm the source domain, purpose, flow or volume, and specific rules applicable to the location.
Hypothetical example: how much does the limit on irrigation represent?
Consider a demand hypothetical 5 mm per day, without losses, just to visualize the order of magnitude:
- In 1 hectare, 5 liters per m² × 10,000 m² correspond to 50 m³ per day.
- On 2 hectares, it would be 100 m³ per day, above the general federal reference of 86.4 m³/day mentioned in article 86.
This is an arithmetic comparison. It does not determine the crop irrigation depth, exemption from a permit, risk classification or approval of an application. Actual demand depends on the crop, climate, soil, rainfall and system efficiency. See how to estimate it in the guide on evapotranspiration in irrigation.
Insignificant use does not mean unregistered use
The obligation to register or declare also depends on the applicable rule. At the federal level, ANA Resolution 236/2024 provides for the Declaration of Regularity for insignificant uses and the request by Plataforma Águas Brasil. However, article 87 makes obtaining this declaration optional for activities classified at risk level I.
This classification has its own conditions: article 83, for example, excludes abstractions in municipalities in the Semiarid region and in water bodies subject to special rules. Therefore, it is not enough to just look at volume. Insignificant uses remain subject to inspection by the ANA.
In Paraná and Minas Gerais, the sources consulted provide for registration of insignificant uses, with specific rules for each procedure. Do not use the federal rule to waive a state procedure, nor assume that every water-use permit waiver eliminates other requirements.
Federal or state river: who to ask
The domain of the water body guides which authority should analyze the use. Law 9,433/1997 provides for the competence of the Union, the states and the Federal District, in addition to the possibility of federal delegation.
- Union waters: As a rule, regularization is carried out at ANA. Identification may involve rivers that cross states, serve as boundaries or have other characteristics of federal domain; confirm the case with the managing body.
- State or district waters: look for the responsible body, such as Igam in Minas Gerais or IAT in Paraná.
- Wells: ANA advises that groundwater is regulated by the states or the Federal District. Also check the requirements for drilling and use according to local procedure.
The official page “Request your water-use permit” informs that the Águas Brasil Platform has replaced the old User Portal. Some states use the platform as a step in their procedures, which does not automatically change the competent authority. Follow the path indicated by your source body and confirm any delegations.
What to separate before asking for a water permit
The list of documents varies depending on the authority and type of use. In the Minas Gerais service consulted, for example, there is an application, form and technical report, applicant documents, proof of fees and ART. This list is not a single national requirement.
To begin project evaluation, organize:
- Source and location: identification of the source and the collection point.
- Target flow rate: volume withdrawn per hour or per second, with the correct unit.
- Funding regime: hours per day, days per month and months of the year.
- Area and purpose: crops, irrigated area and planned method.
- Water demand: calculation and assumptions used to justify the required volume.
Check the coherence between this data and the proposed system. The pump, sectors and hours of operation need to be evaluated together with the supply. The article about how to choose the pump for irrigation explains the relationship between flow and head.
Term, conditions and suspension
Article 16 of Law 9,433/1997 establishes a maximum term of 35 years, renewable. This does not mean that every water-use permit has this duration: the effective period depends on the purpose, the rules of the authority and the act issued.
The law allows partial or total suspension in the situations provided for in article 15, such as non-compliance with conditions, the need to meet priority uses or calamity situations. Read the authorized flow rate and regime, operating conditions and measurement and self-monitoring obligations.
In Paraná, for example, Normative Instruction IAT 63/2025 deals with the installation of meters and self-monitoring. The requirements and exemption hypotheses must be checked in this rule and in the act applicable to the capture; a summary exception on a generic page does not replace this check.
What happens without a water-use permit?
When the use requires a water-use permit, capturing without the corresponding act or implementing interventions without the necessary authorization may constitute an infraction. Law 9,433/1997 also deals with use that does not comply with authorized conditions.
Article 50 provides for measures such as warning, fine and embargo. Application depends on the competent authority and circumstances; There is no penalty calculation or assessment of the situation of a specific property in this article.
Why check water-use permit requirements before installing the system?
The law deals with the implementation of interventions without the necessary authorization between infractions. Therefore, the availability and framing of the source need to be included in the planning before purchase and installation.
Start by identifying the water source and its conditions, estimating crop water demand, consulting the managing authority and checking the required authorizations and documents. Then adapt the project to the applicable conditions. Submitting an application alone does not establish approval or authorize any construction or water abstraction.
systems localized irrigation can be part of this technical assessment. However, choosing an irrigation method does not establish water availability or remove the requirement to comply with water-use regulations.
FAQ
Does an artesian well for irrigation need a permit?
The extraction of groundwater is among the uses subject to authorization provided for by law. The state or district body must guide the framework and possible exemption or registration hypotheses. Do not automatically apply the federal surface abstraction limit to a well.
Does taking water from a reservoir on my own property exempt me from needing a water-use permit?
Being located on your property does not establish an exemption. Check the jurisdiction and characteristics of the water source, the abstraction and any applicable rules for dams or water storage. Authorization for one activity may not cover the others.
Do I need a qualified technical professional to apply for a water-use permit?
It depends on the procedure. ANA informs that it does not require the hiring of a technical manager to request a water-use permit. The Minas Gerais service consulted includes ART in the documentation. Works, studies and other authorizations may have their own requirements; confirm the list corresponding to your case.
Conclusion
Before defining the irrigated area and purchasing equipment, identify the source, check the responsible body and check the regularization procedure. Bring demand and system data together without treating a numerical limit or order protocol as approval.
If you are planning to irrigate, the Perin Irrigação team can help size the system considering soil, crop and available water. Send municipality, crop, approximate area and water source via WhatsApp (14) 99824-5219 or to contato@perinirrigacao.com.br.
This content is informative and does not replace guidance from the water resources management body or a qualified professional.
Sources consulted
Research carried out on 11/02/2026. The rules were consulted in the official sources below; the framework must be confirmed according to the source, location and applicable act.
- BRAZIL. Law No. 9,433, of January 8, 1997 — updated text from the Chamber of Deputies, especially arts. 12, 14–16 and 49–50.
- ANA. Resolution No. 236, of December 24, 2024, consolidated text with changes to Resolution No. 273/2025, especially arts. 83 and 85–88.
- ANA. Request your water-use permit.
- ANA. Frequently asked questions — concession and groundwater.
- GOVERNMENT OF MINAS GERAIS. Obtain the right to use water resources.
- WATER AND EARTH INSTITUTE. Concession of water resources.
- WATER AND EARTH INSTITUTE. Normative Instruction No. 06/2023 — criteria and parameters for insignificant uses.
- WATER AND EARTH INSTITUTE. Normative Instruction No. 63/2025 — measurement and self-monitoring.
