Water or mineral resource? Legal interpretations and hydrosocial configurations of lithium mining in Chile

Probably not a substantial claim: may not pass S3 (load-bearing).

Indigenous consultation has begun to be considered in the case of future CEOLs.

“Indigenous consultation, at least, has begun to be considered in the case of future CEOLs (Supreme Court, ).”

• cites Supreme CourtNot checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

This project was presented in 1994 through an EIA by MINSAL, a company subsequently bought by SQM.

“This project was presented in 1994 through and Environmental Impact Assessment (EIA) by the Sociedad Minera Salar de Atacama Ltda (MINSAL), company subsequently bought by SQM.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

In 1996, a new EIA was submitted and SQM obtained an RCA to start lithium carbonate production, authorizing the extraction of 215 l/s gross brine and 22.5 l/s of freshwater.

“In the same year, a new EIA was submitted and SQM obtained an RCA to start lithium carbonate production, authorizing the extraction of 215 l/s gross brine and 22.5 l/s of freshwater.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The first mining project for exploiting mineral groundwaters that entered the SEIA was a potassium chloride production project in the Salar de Atacama.

“The first mining project for exploiting mineral groundwaters that entered the SEIA was a potassium chloride production project in the Salar de Atacama.”

May combine two claims.

Mineralized groundwater and its interactions with lower salinity aquifers have not been subject to greater analysis or integrated into the DGA's studies, models and water balances, an issue that has recently been attempted to be partially rectified, at least for the Salar de Atacama.

“For this reason, mineralized groundwater and its interactions with lower salinity aquifers have not been subject to greater analysis or integrated into the DGA's studies, models and water balances, an issue that has recently been attempted to be partially rectified, at least for the Salar de Atacama (CORFO, 2021; DGA, 2021a).”

• cites CORFO, 2021Not checked yet

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• cites DGA, 2021aNot checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The potassium project was approved in 1995 and subsequently started in 1996.

“The potassium project was approved in 1995 and subsequently started in 1996.”

Classified as probably not a substantial claim. May combine two claims.

Water that evaporates after extraction is not considered as part of water consumption by lithium companies, which point out that their operations consume practically no freshwater.

“Thus, water that evaporates after extraction is not considered as part of water consumption by lithium companies, which point out that their operations consume practically no freshwater (SONAMI, 2017; Bustos-Gallardo et al., 2021; SQM Salar S.A., 2021a; Albemarle, n.d., p. 08).”

• cites SONAMI, 2017Not checked yet

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• cites Bustos-Gallardo et al., 2021 sourceNot checked yet

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• cites SQM Salar S.A., 2021aNot checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Between 1996 and 2005, SQM submitted requests to increase its quotas, obtaining in 2006 the RCA 226/2006.

“Between 1996 and 2005, SQM submitted requests to increase its quotas, obtaining in 2006 the RCA 226/2006.”

Probably not a substantial claim: may not pass S4 (based).

The interpretation of brines as mining resources separated from water is contested by some indigenous groups and others who support an understanding of brines as (a type of) waters.

“by some indigenous groups and others who rather support an understanding of brines as (a type of) waters.”

Probably not a substantial claim: may not pass S1 (asserted).

Mining companies argue that brines are unsuitable for human consumption or activities related to agriculture and livestock.

“Therefore, the argument goes, they are unsuitable for human consumption or activities related to agriculture and livestock (SQM Salar S.A., 2021a; Albemarle, n.d.).”

• cites SQM Salar S.A., 2021aNot checked yet

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• cites Albemarle, n.d.Not checked yet

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Classified as probably not a substantial claim.

Mining companies argue that extracted brines cannot be considered water resources because they contain more than 300,000 mg/L of total dissolved solids (TDS; ten times more than seawater).

“In official reports published, mining companies argue that extracted brines cannot be considered water resources because they contain more than 300.000 mg/L of total dissolved solids (TDS; ten times more than seawater).”

• cites SQM Salar S.A., 2021aNot checked yet

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• cites Albemarle, n.d.Not checked yet

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Probably not a substantial claim: may not pass S1 (asserted).

This was used by SQM to argue that despite the decreases in the water table generated by the brine extraction in the aquifers, neither the water resources nor the natural behavior of the lagoons and wetlands requested quotas would be significantly affected.

“This in turn was used by SQM to argue that despite the decreases in the water table generated by the brine extraction in the aquifers, neither the water resources nor the natural behavior of the lagoons and wetlands requested quotas would be significantly affect (SQM Salar S. A., 2005a, p. 210-216;SQM Salar S.A., 2005b).”

• cites SQM Salar S. A., 2005aNot checked yet

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• cites SQM Salar S.A., 2005bNot checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

While mineralized waters are extracted from the core aquifer, freshwaters are extracted from the southwestern aquifers of the salt flat, mainly from the MNT aquifer that sustain the Tilopozo meadows.

“While mineralized waters are extracted from the core aquifer, freshwaters are extracted from the southwestern aquifers of the salt flat, mainly from the Monturaqui-Negrillar-Tilopozo (MNT) aquifer that sustain the Tilopozo meadows.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Accordingly, the request for extraction of an extra 29 l/s brine quota, totaling 142 l/s, was approved.

“Accordingly, the request for extraction of an extra 29 l/s brine quota, totaling 142 l/s, was approved (RCA 3132/2006).”

• cites RCA 3132/2006Not checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

In 2016, after cumbersome environmental assessment processes, Albemarle obtained RCA 21/2016 which authorizes it today to extract 442 l/s of brine and 23.5 l/s of freshwater from the salt flat basin.

“In 2016 and after cumbersome environmental assessment processes Albemarle obtained RCA 21/2016 which authorizes it today to extract 442 l/s of brine and 23,5 l/s of freshwater from the salt flat basin.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Based on this argument it submitted an EIS that was rejected by the environmental authorities.

“Based on this argument it submitted an EIS that was rejected by the environmental authorities.”

May combine two claims.

Environmental non-compliance included, among others, the extraction of brine in excess of authorized quotas (3.9%), adverse impacts on protected flora and the non-compliance and modification of monitoring and warning plans without authorization.

“Environmental non-compliance included, among others, the extraction of brine in excess of authorized quotas (3.9%), adverse impacts on protected flora and the non-compliance and modification of monitoring and warning plans without authorization (SMA, 2016).”

• cites SMA, 2016Not checked yet

  Not checked in the free run.

Classified as probably not a substantial claim. May combine two claims.

The environmental authorities argued that the project was likely to cause significant adverse effects on the quantity and quality of renewable natural resources and thus an EIA should be submitted.

“The latter argued that the project was likely to cause significant adverse effects on the quantity and quality of renewable natural resources and thus a EIA should be submitted (COREMA II, 2005).”

• cites COREMA II, 2005Not checked yet

  Not checked in the free run.

Classified as probably not a substantial claim.

The EIA refers to data suggesting a limited hydraulic connection between brines and the lagoons.

“The EIA refers to data suggesting a limited hydraulic connection between brines and the lagoons (MINSAL, 1994, p. 185).”

• cites MINSAL, 1994Not checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing).

Albemarle Limitada started its lithium production in the Salar de Atacama in 1984.

“Albemarle Limitada started its lithium production in the Salar de Atacama in 1984.”

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing).

The company argued that the predicted decline of <10 cm in 25 years would not imply a considerable loss in the amount of ecological soil capable of providing habitat for the biodiversity that inhabits the ecosystems.

“The company argued that the predicted decline-of <10 cm in 25 years-would not imply a considerable loss in the amount of ecological soil capable of providing habitat for the biodiversity that inhabits the ecosystems.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The division between the water and brine aquifers has been discussed in recent years as part of the auditing and sanction processes started by the SMA against SQM.

“The division between the water and brine aquifers has been discussed in recent years as part of the auditing and sanction processes started by the Superintendency of the Environment, SMA, against SQM.”

May combine two claims.

As part of the auditing process, it was recognized that there is a high degree of scientific uncertainty regarding the hydrodynamic behavior of the salt flat and a lack of information regarding its hydrogeological functioning and water balance.

“Importantly, as part of the auditing process, it was recognized that there is a high degree of scientific uncertainty regarding the hydrodynamic behavior of the salt flat and a lack of information regarding its hydrogeological functioning and water balance (First Environmental Court, 2019; see also Amphos21, 2018, p. 321;ff and DGA, 2021a).”

• cites First Environmental Court, 2019Not checked yet

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• cites Amphos21, 2018Not checked yet

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• cites DGA, 2021aNot checked yet

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Classified as probably not a substantial claim.

The EIA reaffirmed the disconnections between brine aquifers and less saline aquifers by a barrier of low hydraulic conductivity.

“The EIA reaffirmed the disconnections between brine aquifers and less saline aquifers-by a barrier of low hydraulic conductivity.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The numerical modeling presented to calculate the water balance and fluid flow indicated that the extractions requested would have a slight impact on the lagoon's groundwater table (phreatic level).

“Building on this, the numerical modeling presented to calculate the water balance and fluid flow indicated that the extractions requested would have a slight impact on the lagoon's groundwater table (phreatic level).”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

These extractions are carried out from aquifers that feed or are connected to lagoons and wetlands located on the eastern edge of the salt flat, part of which are included in the Los Flamencos National Reserve and Ramsar Site Soncor.

“These extractions are carried out from aquifers that feed or are connected to lagoons and wetlands located on the eastern edge of the salt flat, part of which are included in the Los Flamencos National Reserve and Ramsar Site Soncor.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

These processes summarize recent investigation by the SMA on the operation of SQM carried out after repeated environmental and contractual breaches, and illegal political financing of SQM became known.

“These processes summarize recent investigation by the SMA on the operation of SQM carried out after repeated environmental and contractual breaches, and illegal political financing of SQM became known (Poveda, 2020).”

• cites Poveda, 2020Not checked yet

  Not checked in the free run.

May combine two claims.

While Albemarle considers brine separately from water, (part of) the environmental authorities consider mineralized groundwaters as water in their own right to weigh the impacts of their extraction.

“While Albemarle considers brine separately from water, (part of) the environmental authorities consider mineralized groundwaters as water in their own right to weigh the impacts of their extraction.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Nevertheless, the project was revived by filing an appeal for reconsideration, leading to the submission of two new addenda, halving the requested brine quota increase to 300 l/s.

“Nevertheless, the project was revived by filing an appeal for reconsideration (SCL, 2011), leading to the submission of two new addenda, halving the requested brine quota increase to 300 l/s.”

• cites SCL, 2011Not checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Groups such as the Atacameño/Lickanantay indigenous communities of Peine, Toconao and Socaire attempted to question the company's position on the impacts and meaning, and functioning of the salt flat and its multiple waters, but their comments were not included due to formal reasons.

“Indeed, groups such as the Atacameño/Lickanantay indigenous communities of Peine, Toconao and Socaire attempted to question the company's position on the impacts and meaning, and functioning of the salt flat and its multiple waters.Still, their comments were not included due to formal reasons.”

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing).

According to these assumptions, the company postulated that the project and its new extraction quotas would not generate significant adverse social or environmental impact.

“According to these assumptions, the company postulated that the project and its new extraction quotas would not generate significant adverse social or environmental impact (SQM Salar S. A., 2005a, p. 37-39).”

• cites SQM Salar S. A., 2005aNot checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

Eventually, SQM obtained the RCA 226/2006 authorizing its current extraction quotas, whose maintenance and management have involved subsequent updates of hydrogeological modeling initially presented.

“Eventually, SQM obtained the RCA 226/2006 authorizing its current extraction quotas, whose maintenance and management have involved subsequent updates of hydrogeological modeling initially presented.”

Classified as probably not a substantial claim.

The techno-scientific and legal conceptualizations that separate mineralized groundwater and water have been challenged by the CPA.

“The techno-scientific and legal conceptualizations that separate mineralized groundwater and water have been challenged by the CPA.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The CPA intervened both in the sanctioning procedure against SQM and in the claims filed against the agreement that CORFO signed with SQM in 2018 to continue exploiting the salt flat.

“The CPA intervened both in the sanctioning procedure against SQM and in the claims filed against the agreement that CORFO signed with SQM in 2018 to continue exploiting the salt flat.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Later, in 2009, Albemarle sought to increase its brine quota by 600 l/s as an annual average by submitting an EIA.

“Later, in 2009, Albemarle sought to increase its brine quota by 600 l/s as an annual average by submitting an EIA.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

In 2004 and 2009 the company requested to increase its brine extraction quota, first through an EIS and then through an EIA.

“Subsequently, in 2004 and2009 the company requested to increase its brine extraction quota, first through an EIS and then through an EIA.”

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing). May combine two claims.

The company ruled out that its operations would significantly impact water resources (lagoon waters and not brines), biodiversity and the traditional agricultural and livestock livelihoods of members of the Atacameño/Lickanantay ethnic group settled east of the salt flat.

“Hence, the company ruled out that its operations would significantly impact water resources-here referring to lagoon waters and not to brines-biodiversity and the traditional agricultural and livestock livelihoods of members of the Atacameño/Lickanantay ethnic group settled east of the salt flat (MINSAL, 1994, p. 187).”

• cites MINSAL, 1994Not checked yet

  Not checked in the free run.

May combine two claims.

These facilities, initially operated by SCL and then Rockwood, entered the SEIA system for the first time in 2000 through an EIS, obtaining the environmental authorization to pump 113 l/s of mineralized groundwater in the RCA 092/2000.

“These facilities, initially operated by Sociedad Chilena del Litio (SCL) and then Rockwood, entered the SEIA system for the first time in 2000 through an Environmental Impact Statement (EIS), obtaining the environmental authorization to pump 113 l/s of mineralized groundwater in the RCA 092/2000 (Rockwood, 2014).”

• cites Rockwood, 2014Not checked yet

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Classified as probably not a substantial claim.

These aquifers were conceptualized in the hydrological models as disconnected from the shallow saline aquifers that support the socio-hydrological system of the Salar de Maricunga due to the presence of a clay hydrogeological structure.

“These aquifers were conceptualized in the hydrological models as disconnected from the shallow saline aquifers that support the socio-hydrological system of the Salar de Maricunga due to the presence of a clay hydrogeological structure.”

Classified as probably not a substantial claim. May combine two claims.

Based on this conceptualization of confined aquifers, MSB ruled out the generation of significant environmental effects on the water resource, loss of wetland vegetation, endemic flora, and in general, on the aquatic ecosystems associated with the protected areas of the salt flat belonging to the Nevado Tres Cruces National Park and the Ramsar site Complejo Lagunar Francisco and Laguna Santa Rosa.

“Based on this conceptualization of confined aquifers, MSB ruled out the generation of significant environmental effects on the water resource, loss of wetland vegetation, endemic flora, and in general, on the aquatic ecosystems associated with the protected areas of the salt flat belonging to the Nevado Tres Cruces National Park and the Ramsar site Complejo Lagunar Francisco and Laguna Santa Rosa”

• cites MSB, 2018Not checked yet

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• cites SEA, 2020aNot checked yet

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• cites SEA, 2020bNot checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing).

The RCAs of Albemarle and SQM and the commitments established therein are concatenated (e.g., the execution of their monitoring and warning plans are conditioned to those of the other company).

“It is important to keep in mind that the RCAs of Albemarle and SQM and the commitments established therein are concatenated (e.g., the execution of their monitoring and warning plans are conditioned to those of the other company) (DGA, 2021a, p. 133).”

• cites DGA, 2021aNot checked yet

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Classified as probably not a substantial claim.

According to previous studies by the DGA to determine water availability, the salt flat basin had a water demand balance deficit of -344 l/s.

“According to previous studies by the DGA to determinate water availability, the salt flat basin had a water demand balance deficit of -344 l/s (DGA, 2016).”

• cites DGA, 2016Not checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The project involves the extraction of 209 l/s of brine and 35 l/s of freshwater to feed the industrial processes, both to be pumped from the Salar de Maricunga basin.

“The project involves the extraction of 209 l/s of brine and 35 l/s of freshwater to feed the industrial processes, both to be pumped from the Salar de Maricunga basin (SEA, 2020a).”

• cites SEA, 2020aNot checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing).

In the same month, the State filed a lawsuit for environmental damage against Albemarle and two other companies that extracted water from the MNT aquifer.

“In the same month, the State filed a lawsuit for environmental damage against Albemarle and two other companies that extracted water from the MNT aquifer.”

May combine two claims.

Therefore, the open indigenous consultation only considered this community, excluding those directly related to the salt flat basin.

“Therefore, the open indigenous consultation only considered this community, excluding those directly related to the salt flat basin (MSB, 2018;SEA, 2020a,b).”

• cites MSB, 2018Not checked yet

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• cites SEA, 2020aNot checked yet

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• cites SEA, 2020bNot checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

As a result, these indigenous groups supported the project, which was approved by RCA 21/2016.

“As a result, these indigenous groups supported the project, which was approved by RCA 21/2016.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The lawsuit denounced that the extractions generated a decrease in the water level above what was environmentally permitted and affecting the Tilopozo meadows.

“The lawsuit denounced that the extractions generated a decrease in the water level above what was environmentally permitted and affecting the Tilopozo meadows (CDE, 2022).”

• cites CDE, 2022Not checked yet

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Classified as probably not a substantial claim.

The company's studies indicated that the Colla settlements, lands, waters and transhumant routes were located far from the project works and outside the area of influence defined for impact on human groups which excluded the salt flat and wetlands.

“The company's studies indicated that the Colla settlements, lands, waters and transhumant routes were located far from the project works and outside the area of influence defined for impact on human groups which excluded the salt flat and wetlands (MSB, 2018;SEA, 2020b).”

• cites MSB, 2018Not checked yet

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• cites SEA, 2020bNot checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

In these addenda, the company presented evidence based on a new hydrological model that considered a semi-impermeable saline interface between brine aquifers and freshwater-saline ones; this structure would physically separate the core brine and the freshwater-saline aquifer that feeds the lagoons and wetlands.

“In these addenda, the company presented evidence based on a new hydrological model that considered a semi-impermeable saline interface between brine aquifers and freshwater-saline ones.This structure would physically separate the core brine and the freshwater-saline aquifer that feeds the lagoons and wetlands (Rockwood, 2014(Rockwood, , 2015)).”

• cites Rockwood, 2014Not checked yet

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• cites Rockwood, 2015Not checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing).

In the context of the lawsuit, Albemarle offered to stop using its water rights from MNT (18.5 l/s of the 23.5 l/s authorized in RCA 21/2016).

“In the context of the lawsuit, Albemarle offered to stop using its water rights from MNT (18.5 l/s of the 23.5 l/s authorized in RCA 21/2016) (Albemarle, 2023).”

• cites Albemarle, 2023Not checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing), S4 (based). May combine two claims.

The new studies and hydrogeological models concluded that the requested increase in extraction would not generate adverse impacts on the lagoon and aquifer systems of the salt flats, and on the life systems and customs of the groups living in the basin.

“The new studies and hydrogeological models concluded that the requested increase in extraction would not generate adverse impacts on the lagoon and aquifer systems of the salt flats, and on the life systems and customs of the groups living in the basin.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

This situation occurs in a general scenario where the functioning, evolution and water health of the lagoon systems, meadows, peatlands and native species are unknown, as well as the impacts that the extraction of freshwater and brine generate on them and the entire Salar de Atacama basin.

“This situation occurs in a general scenario where the functioning, evolution and water health of the lagoon systems, meadows, peatlands and native species are unknown, as well as the impacts that the extraction of freshwater and brine generate on them and the entire Salar de Atacama basin (DGA, 2021a, p. 274-276, 300).”

• cites DGA, 2021aNot checked yet

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Classified as probably not a substantial claim.

Within the EIA process, different interpretations of brines were put forward.

“Within the EIA process, different interpretations of brines were put forward.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The mining company dealt with these concerns by establishing agreements with Atacameño/Lickanantay community of Peine and the CPA and thus ruling out adverse impacts on them.

“The mining company dealt with these concerns by establishing agreements with Atacameño/Lickanantay community of Peine and the CPA and thus ruling out adverse impacts on them (Rockwood, 2015, p. 151-153).”

• cites Rockwood, 2015Not checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing).

Thus, MSB concluded that the project would only affect the transhumance practices of specific members of the Colla Community of Diego de Almagro due to the increased traffic generated by the operation of the project on surrounding routes.

“Thus, MSB concluded that the project would only affect the transhumance practices of specific members of the Colla Community of Diego de Almagro due to the increased traffic generated by the operation of the project on surrounding routes.”

May combine two claims.

The Min.Minería report recognizes interaction and interdependence between waters and brines, requiring brine extraction operations to be registered in the DGA's public water cadastre.

“The report recognizes a degree of interaction and interdependence between waters and brines requiring brine extraction operations to be registered in the DGA's public water founded”

• cites Min.Minería, 2020bNot checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing).

Several administrative and judicial appeals were filed for the annulment of the RCA, alleging the unfounded exclusion of significant impacts and indigenous communities in the consultation process, among other infractions.

“Several administrative and judicial appeals were filed for the annulment of the RCA, alleging the unfounded exclusion of significant impacts and indigenous communities in the consultation process, among other infractions.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Except for one claim still pending, all the appeals have been dismissed to date.

“Nevertheless, except for one claim still pending, all the appeals have been dismissed to date.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Despite the multiple observations, the SEA favorably qualified the project on 04 February 2020 through RCA No. 94/2020 endorsing the company's studies and assessments.

“Despite the multiple observations, the SEA favorably qualified the project on 04 February 2020 through RCA No. 94/2020 endorsing the company's studies and assessments.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The information contained in the EIA and subsequent addenda was the subject of multiple requests for clarification, rectification or additions by sectorial bodies and observations made within the citizen participation instances.

“The information contained in the EIA and subsequent addenda was the subject of multiple requests for clarification, rectification or additions by sectorial bodies and observations made within the citizen participation instances.”

May combine two claims.

The proposed regulation's hybrid water/brine interpretation does not entail restrictions or prohibitions for granting extraction quotas in basins or degraded or environmentally valuable areas, nor prior integrated management of the basin, nor greater participation or consideration of local communities' water uses and visions.

“Although it proposes a hybrid water/brine interpretation, it does not entail restrictions or prohibitions for granting extraction quotas in basins or degraded or environmentally valuable areas, a previous understanding and integrated management of the basin, nor greater participation or consideration of water uses and visions of local communities.”

Probably not a substantial claim: may not pass S3 (load-bearing).

They also indicated that the EIA lacked essential information to analyze the impacts generated by the affectation of groundwater flows on the lagoon and wetlands present in the National Park and the Ramsar Site and their characteristic flora and fauna, such as flamingos, vicuñas and guanacos' population.

“They also indicate that the EIA lacked essential information to analyze the impacts generated by the affectation of groundwater flows on the lagoon and wetlands present in the National Park and the Ramsar Site and their characteristic flora and fauna, such as flamingos, vicuñas and guanacos' population (DGA, 2018a(DGA, , 2019)).”

• cites DGA, 2018aNot checked yet

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• cites DGA, 2019Not checked yet

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Classified as probably not a substantial claim.

In July 2020, the Ministry of Mining commissioned a study for the elaboration of a regulation for the extraction and use of brines located for mining purposes.

“In July 2020, the Ministry of Mining commissioned a study for the elaboration of a regulation for the extraction and use of brines located for mining purposes (Min.Minería, 2020a).”

• cites Min. Minería, 2020aNot checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S1 (asserted). May combine two claims.

Specific objectives of the study included defining the legal nature of mineralized groundwaters, the permits required for their extraction and its treatment in relation to other water sources present in a specific site.

“Specific objectives of the study included defining the legal nature of mineralized groundwaters, the permits required for their extraction and its treatment in relation to other water sources present in a specific site (Min.Minería, 2020a, p. 36).”

• cites Min. Minería, 2020aNot checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing).

Indigenous groups also intervened to question how MSB defined the impacts of the project.

“Indigenous groups also intervened to question how MSB defined the impacts of the project.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Sernageomin and the DGA questioned the central hypothesis of the models, which consisted of the supposed disconnection between the deep brine aquifer and the shallow aquifer.

“Among others, the Geology and Mining Service (Sernageomin) and the DGA questioned the central hypothesis of the models, which consisted of the supposed disconnection between the deep brine aquifer and the shallow aquifer (Sernageomin, 2019).”

• cites Sernageomin, 2019Not checked yet

  Not checked in the free run.

May combine two claims.

The proposed regulation did not result in regulatory innovations and remained unknown to current governmental authorities such as the Ministry of Mining itself (at least until the 2022 interviews).

“At the end, the proposal did not result in regulatory innovations and remained unknown to the current governmental authorities such as the Ministry of Mining itself (at least until the date of the interviews in 2022).”

May combine two claims.

While mining companies back the interpretation of brine as a mineral and build a particular understanding of hydrosocial relations in the Salar de Atacama and Maricunga, indigenous groups put forward different understandings of brine as a type of water.

“While mining companies back the interpretation of brine as a mineral and on this, they build a particular understanding of hydrosocial relations in the Salar de Atacama and Maricunga, indigenous groups put forward different understandings of brine as a type of water.”

Probably not a substantial claim: may not pass S4 (based).

In these studies, brines and freshwaters of the salt flats are conceptualized as separate entities on scientific grounds that are currently the subject of intense scrutiny.

“In these studies, brines and freshwaters of the salt flats are conceptualized as separate entities on scientific grounds that are currently the subject of intense scrutiny.”

May combine two claims.

Even though the general water balances of the basins are in deficit, limitations have only been introduced reactively without preventing overexploitation and environmental damage to local ecosystems.

“even though the general water balances of the basins are in deficit, limitations have only been introduced reactively without preventing overexploitation and environmental damage to local ecosystems (DGA, 2018b(DGA, , 2021a;;Babidge et al., 2019;CDE, 2022).”

• cites DGA, 2018bNot checked yet

  Not checked in the free run.

• cites DGA, 2021aNot checked yet

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• cites Babidge et al., 2019Not checked yet

  Not checked in the free run.

Classified as probably not a substantial claim.

The focus of the debate tends to be on the appropriate business model to push forward and expand lithium mining in the short and medium term and take advantage of the boom in price and demand at almost any cost.

“the focus of the debate tends to be on the appropriate business model to push forward and expand lithium mining in the short and medium term and take advantage of the boom in price and demand at almost any cost.”

May combine two claims.

Although creating a strong State-owned company was one of the campaign banners of the current government, more expeditious public-private partnership modalities close to those currently operating are gaining greater importance within the non-participatory, announced and delayed new National Lithium Strategy.

“although creating a strong State-owned company was one of the campaign banners of the current government, more expeditious public-private partnership modalities close to those currently operating are gaining greater importance within the non-participatory, announced and delayed new National Lithium Strategy.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

To date, the only special lithium operation contract (CEOL) is the one signed with the subsidiary of the State-owned company CODELCO for projects in the Salar de Maricunga.

“To date, the only special lithium operation contract (CEOL) is the one signed in with the subsidiary of the State-owned company CODELCO for projects in the Salar de Maricunga (currently in the exploratory stage).”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

Two tenders were awarded to enter CEOLs with the State but were overturned by the Supreme Court.

“Two tenders were awarded in to enter CEOLs with the State but were overturned by the Supreme Court in .”

Classified as probably not a substantial claim. May combine two claims.

Mineralized groundwater could be defined as "occluded saline solutions" (not as water resources) and as a constituent part of the salt flat, and therefore as a mining resource within mining deposits.

“Thus, mineralized groundwater could be defined as “occluded saline solutions” (not as water resources) and as constituent part of the salt flat being, therefore, a mining resource within mining deposits (Min.Minería, 2020a, p. 36;Min. Minería, 2020b, p. 13, 32).”

• cites Min.Minería, 2020aNot checked yet

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• cites Min. Minería, 2020bNot checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

For commercial purposes, the Chilean Nuclear Energy Commission (CCHEN) must have previously approved marketing lithium quotas according to DL and Law No.

“For commercial proposes, the Chilean Nuclear Energy Commission (CCHEN) must also have previously approved marketing lithium quotas according to DL .and Law No. . .”

• cites DLNot checked yet

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• cites Law No.Not checked yet

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Classified as probably not a substantial claim.

Salt flats could be understood as another type of static mining deposit.

“In this sense, salt flats could be understood as another type of static mining deposit (Tala, 1994, p. 45;Min. Minería, 2020b, p. 5;Jerez et al., 2021).”

• cites Tala, 1994Not checked yet

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• cites Min. Minería, 2020bNot checked yet

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• cites Jerez et al., 2021 sourceNot checked yet

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Classified as probably not a substantial claim.

As groundwaters, mineralized groundwaters should in principle be governed by the Water Code, which applies indistinctly to all terrestrial surface and groundwater.

“At the same time, as groundwaters, in principle, they should be governed by the Water Code, which stipulates that its provisions apply indistinctly to all terrestrial waters, both surface and groundwater.”

Classified as probably not a substantial claim.

Recent reports commissioned by the Ministry of Mining indicate the eminently "mining nature" of brines, linked to the Mining Code Regulations (art. 60) defining salt flat as a superficial saline deposit with occluded saline solutions.

“Specifically, the eminently “mining nature” of brines has been indicated by recent reports commissioned by the Ministry of Mining as linked to the provision contained in the Mining Code Regulations (art.60), which define salt flat as “a superficial saline deposit, consisting of a saline crust of variable thickness, with occluded saline solutions (. . .)” (Min.Minería, 2020b, p. 13).”

• cites Min.Minería, 2020bNot checked yet

  Not checked in the free run.

May combine two claims.

The State has ownership of salt flats and their mineralized groundwaters and may grant mining concessions, administrative contracts, CEOLs, or explore and exploit them directly or through its companies depending on the mineral substances to be obtained.

“First, the State has ownership on salt flats and its mineralized groundwaters and may grant mining concessions, administrative contracts, CEOLs or explore and exploit them directly or through its companies depending on the mineral substances to be obtained.”

Classified as probably not a substantial claim.

Projects for the exploitation of lithium and other mineral substances must enter the SEIA based on the typology of mining projects and the amount of brine extracted (classified as a mineral by the SEA).

“According to the SEA, projects for the exploitation of lithium and other mineral substances must enter the SEIA based on the typology of mining projects and the amount of brine extracted (classified as a mineral by the SEA) (SEA, 2021, p. 15).”

• cites SEA, 2021Not checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The SEIA was established in the Environmental Basis Law (EBL).

“The SEIA was established in the Environmental Basis Law (EBL) of .”

May combine two claims.

Salt flats are fragile ecosystems characterized by unique biodiversity, including birds in conservation categories and benthonic microorganisms fundamental to trophic chains.

“Salt flats are fragile ecosystems characterized by unique biodiversity, including birds in the conservation category, such as flamingos, and benthonic microorganisms fundamental to the tropic chains.”

• cites Dorador et al., 2009 sourceNot checked yet

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• cites Dorador et al., 2018 sourceNot checked yet

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• cites Thiel et al., 2010 sourceNot checked yet

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Classified as probably not a substantial claim.

Since the entry into force of the SEIA, environmental permits must be obtained before the construction and operation of mining projects.

“Since the entry into force of the SEIA, these permits must be obtained before the construction and operation of the projects.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Citizen participation processes are mandatory for EIAs and eventual for EISs.

“EIA and EIS is that citizen participation processes are mandatory for the former.For the latter, they are eventual.”

• cites EBLNot checked yet

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• cites SEIA RegulationNot checked yet

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May combine two claims.

By not applying water law restriction, permits to extract and consume brine may be obtained in basins with insufficient water balances, and they may also not be declared as depleted or areas prohibited for the constitution of water rights.

“By not applying water law restriction, permits to extract and consume brine may be obtained in basins with insufficient water balances.They may also not be declared as depleted or areas prohibited for the constitution of water rights.”

Probably not a substantial claim: may not pass S3 (load-bearing).

If the presented information is approved, the projects obtain their environmental license (RCA).

“If the presented information is approved, the projects obtain his environmental license (RCA).”

Classified as probably not a substantial claim. May combine two claims.

The EIA applies to projects that potentially involve health risks, adverse effects on renewable natural resources, resettlement or significant impacts on the living environment and customs of people, and if they are in the vicinity of populations, resources and protected areas; when projects do not generate these effects, an EIS can be submitted.

“The EIA applies to projects that potentially involve, among others, health risks, adverse effects on renewable natural resources, resettlement or significant impacts on the living environment and customs of people and if they are in the vicinity of populations, resources and protected areas.When projects do not generate these effects, an EIS can be submitted.”

• cites Environmental Basis LawNot checked yet

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Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Only after the EBL did projects begin to be environmentally evaluated, which became mandatory with the entry into force of its regulations; during the interim period, entry to the SEIA was voluntary.

“Only after that date did projects begin to be environmentally evaluated, which became mandatory with the entry into force of its regulations in .During the interim period, entry to the SEIA was voluntary.”

Classified as probably not a substantial claim.

The CPA argues that the PdC was based on a conceptual model that assumes hydraulic independence between the core of the salt flat and the lagoon systems of the marginal zone, without a robust scientific basis.

“Among other issues, the CPA argues that the PdC was based on a conceptual model that assumes hydraulic independence between the core of the salt flat and the lagoon systems of the marginal zone, without a robust scientific basis (CPA, 2022, p. 49).”

• cites CPA, 2022Not checked yet

  Not checked in the free run.

Classified as probably not a substantial claim.

This interpretation of brine as nonwater and as brines as separated from other waters opposes the conception of basin unity underpinning the cosmovision of the indigenous communities for whom all the waters are part of the salt flat ecosystem.

“This interpretation of brine as nonwater and as brines as separated from other waters opposes the conception of basin unity underpinning the cosmovision of the indigenous communities for whom all the waters are part of the salt flat ecosystem (CPA, 2017, p. 10).”

• cites CPA, 2017Not checked yet

  Not checked in the free run.

Classified as probably not a substantial claim.

The case of Albemarle provides a good example of how different interpretations of the water/brine divide exist and are discussed within the environmental assessment.

“The case of Abemarle provides a good example of how different interpretations of the water/brine divide exist and are discussed within the environmental assessment.”

Probably not a substantial claim: may not pass S3 (load-bearing).

However, the environmental management of the operation has not been without its share of problems.

“However, the environmental management of the operation has not been without its share of problems.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The logic and vision that have guided the development of lithium mining in Salar de Atacama basin have begun to be also used in other salt flats.

“The logic and vision that have guided the development of lithium mining in Salar de Atacama basin have begun to be also used in other salt flats.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The economic agreements have allowed Albemarle to establish an apparently better relationship with the main indigenous organizations than its neighbor SQM.

“The economic agreements have allowed Albemarle to establish an apparently better relationship with the main indigenous organizations than its neighbor SQM.”

Classified as probably not a substantial claim.

A large part of the salt flats basins would become no-take zones because they correspond to aquifers that feed meadows, peatlands and wetlands declared as threatened, degraded ecosystems or priority sites.

“a large part of the salt flats basins would become no-take zones because it corresponds to aquifers that feed meadows, peatlands and wetlands declared as threatened, degraded ecosystems or priority sites (Water Code art.63).”

• cites Water Code art.63Not checked yet

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Classified as probably not a substantial claim.

If mineralized groundwaters were legally considered waters, they would be governed by the Water Code and its regulations regardless of their mineral content.

“If mineralized groundwaters were legally consider waters (as they are terrestrial waters hidden in the bosom of the earth and which have not been illuminated), they would be governed by the Water Code and its regulations regardless of their mineral content (Water Code art. 1 and 2).”

• cites Water Code art. 1 and 2Not checked yet

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Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The fact that a legal loophole nourishes the current legal treatment of mineralized groundwaters as mineral resource opens the door to alternative interpretations.

“The fact that a legal loophole nourishes the current legal treatment of mineralized groundwaters as mineral resource opens the door to alternative interpretations.”

Probably not a substantial claim: may not pass S3 (load-bearing).

This no-take measure could be extended to the entire basin for future extraction given prevailing uncertainty about interconnections of groundwater aquifers.

“This essentially revocable measure could be extended to the entire basin for future extraction given the prevailing uncertainty about the interconnections of groundwater aquifers (Blair et al., 2022).”

• cites Blair et al., 2022Not checked yet

  Not checked in the free run.

Classified as probably not a substantial claim. May combine two claims.

Other general water norms would be directly applicable to brine extraction rights, including regulations on ecosystem preservation, non-extractive rights, reduction of extractions if affecting aquifer sustainability, and brines should be considered as water within strategic plans for water resources in basins.

“other general water norms would be directly applicable to brine extractions rights, such as regulations on ecosystem preservation, non-extractive rights and reduction of extractions in case of affecting the sustainability of an aquifer (including the declaration of restriction zones), and brines should be considered as water within the strategic plans for water resources in basins (Water Code, art”

• cites Water Code, art 5bis, 5ter, 62-66,129 bis1, 1A and 293bisNot checked yet

  Not checked in the free run.

Classified as probably not a substantial claim. May combine two claims.

If mineralized groundwaters were legally considered waters, mining projects involving brine extraction would need to obtain water rights and such extractions would be categorized as water resource extraction.

“mining projects involving brine extraction would need to obtain water rights and such extractions would be categorized as water resource extraction.”

Probably not a substantial claim: may not pass S1 (asserted).

The reluctance to legally recognize brines as water is because this would make lithium mining in salt flats unfeasible or very complex.

“the reluctance to legally recognize brines as water is because this would make the development of lithium mining in salt flats unfeasible or very complex”

• cites personal communication, senior Lawyer, January 12, 2021Not checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S3 (load-bearing).

The interpretation of brines as a type of groundwater is supported by several researchers.

“The interpretation of brines as a type of (ground)water is supported by several researchers (e.g., Garcés and Álvarez, 2020;Ejeian et al., 2021;Jerez et al., 2021).”

• cites Garcés and Álvarez, 2020Not checked yet

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• cites Ejeian et al., 2021 sourceNot checked yet

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• cites Jerez et al., 2021 sourceNot checked yet

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Probably not a substantial claim: may not pass S1 (asserted), S4 (based). May combine two claims.

This has made it possible to argue that the extraction of brine does not affect water resources and wetlands part of the salt flat ecosystems and therefore the people and biodiversity that depend on them.

“This, in turn, has made it possible to argue that the extraction of brine does not affect water resources and wetlands part of the salt flat ecosystems and, therefore, the people and biodiversity that depend on them.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Inaction could mean that the impacts of anthropogenic intervention on these unique ecosystems will continue to be underestimated locally, nationally and globally, masking the unsustainability of extractive operations.

“inaction could mean that the impacts of anthropogenic intervention on these unique ecosystems will continue to be underestimated locally, nationally and globally, masking the unsustainability of extractive operations.”

May combine two claims.

Based mainly on the conception of salt flats' freshwater separated from brines, it is possible to allow brine extraction in basins with deficit water balances as the Salar de Maricunga and generating extreme situations in hydrogeological balances as in the Salar de Atacama.

“Based mainly on the conception of salt flats' freshwater separated from brines, it is possible to allow brine extraction in basins with deficit water balances as the Salar de Maricunga and generating extreme situations in hydrogeological balances as in the Salar de Atacama (CORFO, 2021;DGA, 2021a).”

• cites CORFO, 2021Not checked yet

  Not checked in the free run.

• cites DGA, 2021aNot checked yet

  Not checked in the free run.

May combine two claims.

The DGA has a structural lack of staffing, financing, information and limited management tools and knowledge of water resources in the country.

“the DGA who is responsible to manage the water resources according to the Water Code, has a structural lack of staffing, financing, information and limited management tools and knowledge of water resources in the country (World Bank, 2011).”

• cites World Bank, 2011Not checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S2 (checkable).

A legal recognition of brines as a type of water could contribute to the recognition of indigenous claims and knowledge systems (recognitional justice).

“It also could contribute to the recognition of indigenous claims and knowledge systems (recognitional justice).”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Even though recognizing brines as groundwater could be a minimum starting point for integrated management of salt flats, it would require institutional strengthening and significant advances in information sharing, knowledge and research.

“even though recognizing brines as groundwater could be a minimum starting point for the integrated management of salt flats, it would require institutional strengthening and significant advances in information sharing, knowledge and research.”

May combine two claims.

ILO Convention 169 is applicable to processes for the constitution of groundwater rights in indigenous territories and areas (at least officially recognized) but not to processes for the constitution of mining concessions.

“Such convention is applicable to processes for the constitution of groundwater rights in indigenous territories and areas (at least to those officially recognized) (CGR, 2019)-but not to processes for the constitution of mining concessions.”

• cites CGR, 2019Not checked yet

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May combine two claims.

Groundwater and surface water are not managed jointly, and there is scarce control over legal or illegal abstractions.

“Groundwater and surface water are not managed jointly, and there is scarce control over legal or illegal abstractions (World Bank, 2011).”

• cites World Bank, 2011Not checked yet

  Not checked in the free run.

Classified as probably not a substantial claim.

ILO Convention 169 establishes the duty of States to consult indigenous peoples prior to any legislative or administrative measure that may directly affect them.

“International Labor Organization (ILO) Convention 169, which establishes the duty of States to consult indigenous peoples prior to any legislative or administrative measure that may directly affect them.”

• cites ILO Convention 169Not checked yet

  Not checked in the free run.

Probably not a substantial claim: may not pass S2 (checkable).

A legal recognition of brines as a type of water could contribute to foster the involvement of indigenous groups in decision-making related with lithium mining (representative justice).

“a legal recognition of brines as type of water could contribute to foster the involvement of indigenous groups in decisionmaking related with lithium mining (representative justice).”

May combine two claims.

As in Chile, in Argentina and Bolivia mining regulations apply mainly by extension to brine mining, but with greater intervention of the water authority in authorizations for certain cases.

“As in Chile, mining regulations apply mainly by extension to brine mining, but with greater intervention of the water authority in authorizations for certain cases (Lopez Steinmetz and Fong, 2019;Min. Minería, 2020b).”

• cites Lopez Steinmetz and Fong, 2019Not checked yet

  Not checked in the free run.

• cites Min. Minería, 2020bNot checked yet

  Not checked in the free run.

May combine two claims.

Legal frameworks play a role in reproducing but also tackling water injustice as they can open up and/or close down spaces of contestation.

“Legal frameworks play a role in reproducing but also tackling water injustice as they can open up and/or close down spaces of contestation (such as the processes of citizen participation and indigenous consultation in the SEIA).”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Brine (as water) escapes singular definitions; it lends itself to be understood as a mineral resource and/or as a type of water or another.

“brine (as water) escapes singular definitions; it lends itself to be understood as a mineral resource and/or as a type of water or another.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Laws and regulations could be used to support alternative interpretations, for example, using legal coupling to make applicable to brine the rules of the Water Code and groundwater regulations.

“Laws and regulations could also be used to support alternative interpretations, for example, using legal coupling to make applicable to brine the rules of the Water Code and groundwater regulations.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

From a legal perspective, recognizing brine's water character would not require a new law but only a new regulation, which could be introduced by the current government without need for parliamentary approval.

“From a legal perspective, this would not require a new law but only a new regulation (which could be introduced by the current government without need parliamentary approval).”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

It could also contribute to address water injustices by fostering involvement of local communities, especially indigenous people and their knowledge systems in decision-making related with lithium mining.

“It could also contribute to address water injustices by fostering involvement of local communities, especially indigenous people and their knowledge systems in decision-making related with lithium mining.”

Probably not a substantial claim: may not pass S2 (checkable).

Defining brines is a highly political process where laws but also knowledge practices-like modeling and legal analysis-play a role.

“Defining brines is thus a highly political process where laws but also knowledge practices-like modeling and legal analysisplay a role.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

This could lead to changes in the hydrosocial understanding of the salt flats including a more holistic conception of water flows above and below the ground.

“This could lead to changes in the hydrosocial understanding of the salt flats including a more holistic conception of water flows above and below the ground.”

Classified as probably not a substantial claim.

How this type of groundwater is defined, by whom and through what legal frameworks shapes how its flows and the socioecological impacts of lithium mining are understood, assessed, and addressed.

“how this type of groundwater is defined, by whom and through what legal frameworks shapes how its flows and the socioecological impacts of lithium mining are understood, assessed, and addressed.”

Probably not a substantial claim: may not pass S3 (load-bearing).

In Canada, regulations and definitions vary across provinces.

“in Canada regulations and definitions vary across provinces (Tscherning and Chapman, 2021).”

• cites Tscherning and Chapman, 2021Not checked yet

  Not checked in the free run.