Desalination Plants in Costa Rica: Why Water Matters

Desalination Plants in Costa Rica: Why Water Matters

Water is the foundation of life, growth, and development. Yet around the world, communities face shortages that threaten health, food security, industry, and tourism. Costa Rica is no exception, particularly in coastal regions like Guanacaste, where rapid tourism and real estate growth often outpace the supply of fresh water.

One of the most promising solutions is desalination: transforming seawater into safe, usable water. At Quatro Legal, we guide you through every step of the process, helping you navigate the regulatory requirements, secure permits, and ensure your project meets environmental and legal standards, so you can implement this powerful solution responsibly and effectively.

What Are Desalination Plants?  

Desalination plants are facilities designed to remove salt and impurities from seawater or brackish water. Using techniques such as reverse osmosis or thermal distillation, these systems create potable water that can be used for:

• Human consumption
• Agriculture
• Industry and tourism operations

They provide a lifeline in areas where traditional water sources are no longer sufficient.

The Costa Rican Framework: Decree No. 40098-MINAE-S-TUR  

Recognizing the growing water stress in coastal areas, Costa Rica established a formal regulatory framework in 2016 with Executive Decree No. 40098-MINAE-S-TUR. This decree governs everything from the approval of desalination projects to their long-term monitoring.

The regulation applies to both public and private developers and aims to ensure that desalination plants balance human needs with environmental sustainability.

Key Provisions Developers Should Know  

Preconditions & Eligibility

• Projects must prove that no other water sources are available. A “letter of non-availability” from the local water provider is required.
• Projects in the Polo Turístico Golfo de Papagayo need additional approval from the Costa Rican Tourism Institute (ICT).
• While not strictly required, having a beachfront property or proximity to the ocean can make desalination projects more feasible and cost-effective, as it can simplify certain aspects of design and operations.

Permits & Environmental Approval

Developers must secure a series of permits, including:

• Construction plan approval
• Environmental viability from SETENA (which may require a full Environmental Impact Studies including but not limited to Oceanographic, Hidrogeological, coral reef impact, among others)
• Water concession from the Water Directorate (MINAE)
• Wastewater discharge permit
• Health and municipal permits (including Maritime-Terrestrial Zone approval, if relevant)

Environmental Monitoring & Operations

• Operators must maintain a detailed Operation & Maintenance Plan for membranes, pumps, pipelines, intake, and brine systems.
• Disposal of brine (the salty by-product) must follow environmentally safe methods approved by SETENA.
• Continuous monitoring is mandatory, especially regarding brine dilution and potential effects on sensitive ecosystems.

Why This Matters for your Costa Rican development project and why it might be a great resource to have?

Costa Rica’s reputation as a sustainable destination depends not only on renewable energy and protected areas, but also on its capacity to guarantee reliable water for both communities and visitors. Desalination offers a way to bridge this gap, providing year-round water security, especially in regions where the dry season strains aquifers and existing providers. By incorporating desalination, your project can become more sustainable, resilient, and attractive to investors, residents, and visitors alike.

Partner with Experts  

For those considering a desalination project, engaging experienced technical advisors is essential. At Quatro Legal, we provide guidance and expert partners on what is most advisable for your property when it comes to water solutions. For projects facing limited or no water availability, we help explore alternatives such as desalination, guiding you through the regulatory requirements and helping you find practical pathways to move your project forward.

If you are interested in exploring desalination as a water solution for your property or project in Costa Rica, and would like guidance on permits, regulations, and available alternatives, please contact María Fernanda Álvarez at mar@quatro.legal.

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.