The existing legislation for the production and distribution of drinking water consists of the following ordinances:
- the national ordinance pertaining to the production and distribution of drinking water for the public and the national resolution pertaining to the quality of drinking water and
- the Pricing Ordinance, being the national ordinance pertaining to the adoption of the rates of (among other things) drinking water.
The most important component of the existing legislative framework pertaining to the production and distribution of drinking water for the public is the National Ordinance Drinking Water (P.B. 2006, nr. 37). This ordinance has the interest of public health for its point of departure. As a consequence, in its nature, the supervision as arranged in these ordinances is primarily tuned to public health. This means that in this case, in principle, the quality of the drinking water as a product for human consumption is paramount. The health care authorities are charged with the operational supervision of the quality of the drinking water (in this case the Inspectorate for Healthcare, Nature and the Environment) under the political responsibility of the Minister of Health, Nature and the Environment.
Besides this, the national ordinance drinking water pertaining to the supervision on concession holders, which means supervision on the producers and distributors of drinking water, as a relevant principle also provides a second point of departure, which is a functional supply of drinking water. A functional supply of drinking water in fact means an efficiently operating supply of drinking water. All this is to be effected against as low a cost as possible.
This is why the BT&P, on behalf of the government, conducts economic supervision on the supply of drinking water to the public. Economic supervision focuses particularly on affordability of drinking water rates for the community. In that case the Pricing Ordinance is a determining factor. The Pricing Ordinance enables the government of Curaçao, in the price-setting of goods and services and also in the realization of drinking water rates to intervene by setting minimum or maximum prices. In this case, in principle it will concern maximum prices.