Government declares a State of Economic, Social and Ecological Emergency in part of the national territory | Decree 0150 of February 11, 2026

Guerrero Ruiz | Legal
1 day ago
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Through Decree 0150 of February 11, 2026 , the President of the Republic declared a State of Economic, Social and Ecological Emergency in part of the national territory, based on Article 215 of the Political Constitution and Law 137 of 1994.

The decision is based on an atypical hydrometeorological event that occurred between the end of January and the first days of February 2026, associated with the anomalous displacement of a cold front over the Caribbean region, whose effects extended to other hydrographic areas of the country.

1. Facts that motivate the declaration

The Decree structures its motivation on the three prerequisites required by constitutional jurisprudence (factual, evaluative and of necessity), highlighting:

a. Intensity and abnormality of the phenomenon

Rainfall increases in January 2026 of up to 289% compared to the historical average in the Caribbean hydrographic area.
In the first days of February, up to 100% of the expected monthly average was accumulated in exceptionally short periods.
Exceeding the “technical rule” in strategic reservoirs such as Urrá and Playas, with levels exceeding 100% of their technical volume.

b. Recorded impacts

According to the UNGRD consolidated report (January 27 – February 6, 2026):

65 emergencies in 61 municipalities across 8 departments.
69,235 affected families and 252,233 people.
10 deaths.
19,798 productive hectares affected.
11,955 homes damaged and 4,158 destroyed.
Damage to roads, bridges, aqueducts, educational and health centers.

Subsequently, satellite analysis estimated 87,054 hectares flooded and more than 110,000 hectares of crops affected , with a severe impact on small livestock and agricultural producers.

2. Systemic risks identified

The Decree does not address a specific humanitarian crisis. It identifies structural risks on several fronts:

(i) Land use planning around water

It is noted that the POMCA, threat studies and water zone delimitation processes do not adequately reflect the observed hydrological dynamics , generating technical discrepancies between planning instruments and the actual behavior of the water system.

(ii) Energy sector

Operational disruptions at hydroelectric power plants.
Systemic risk in the Wholesale Energy Market due to outstanding financial obligations exceeding $2.5 trillion.
Possible impact on more than 40% of national demand under stress scenarios

(iii) Food security and the agricultural sector

Massive impact on dual-purpose systems.
Disproportionate impact on small producers.
Inadequacy of ordinary programs such as Zero Hunger in the face of the volume of affected households.

(iv) Health system

729 health facilities exposed to flooding.
Risk of epidemiological outbreaks (ARI, EDA, vector-borne diseases).
Projected increase in healthcare demand.

3. Justification of the inadequacy of ordinary mechanisms

The Decree recognizes the existence of:

Prior declaration of national disaster (Decree 1372 of 2024, extended by 1193 of 2025).
Powers of Law 1523 of 2012.
Departmental and municipal declarations of calamity.

However, it concludes that:

The territorial simultaneity, magnitude and cumulative nature of the phenomenon exceed the ordinary capacities for risk management and make it necessary to use the powers of article 215 above.

4. Legal scope of the declaration

The declaration empowers the Government to issue legislative decrees with the force of law, directed exclusively to:

To avert the crisis.
To prevent the spread of its effects.
Adopt temporary measures, including tax measures, if they are directly related to the emergency.

The Decree announces, among other possible lines of intervention:

Extraordinary monetary transfers.
Adjustments to territorial and environmental planning instruments.
Exceptional measures for the energy sector.
Agricultural financial relief programs (FINAGRO).
Tools for the recovery of public use property and land demarcation.

Strategic implications for regulated sectors

Energy sector

Possible tax, parafiscal, or budget reallocation measures. Impact on network operators, marketers, and agents in the Wholesale Electricity Market (MEM).

Agricultural sector

Financial relief, debt forgiveness, credit restructuring, and measures concerning land and vacant land.

Infrastructure and land-use planning

Accelerated review or exceptional intervention in environmental and territorial instruments (POMCA, water rounds, delimitations).

Territorial entities

Enhanced coordination with national authorities and possible reassignment of powers or procedures.

Constitutional considerations

From the point of view of constitutional control (art. 215 CP) the following will be subject to examination by the Constitutional Court:

The actual configuration of the factual budget .
The seriousness and imminence .
The inadequacy of ordinary measures .
The strict connection between each legislative decree and the crisis described.

Given the Decree's emphasis on territorial planning around water and on systemic energy risk, it is foreseeable that the development decrees will have a structural and not merely assistance-based scope.

Conclusion

Decree 0150 of 2026 establishes an emergency with interconnected environmental, territorial, energy, financial and social components , with a high potential for regulatory impact in strategic sectors.

In the coming weeks, the material content of the legislative decrees that develop this declaration, as well as the automatic control of constitutionality, will be decisive.

If your organization operates in regulated sectors (energy, agribusiness, infrastructure, land use planning or public services), it is advisable to proactively assess the potential legal and financial effects of this declaration.

At Guerrero Ruiz | Legal we are ready to anticipate the regulatory risks arising from the possible measures that the National Government will adopt within the framework of this new declaration of economic emergency.

Download here Decree 0150 of February 11, 2026