Libro Segundo · Título II Capítulo V. De la propiedad de las aguas

Are of private domain:

1°.Rainwater falling on parcels of private property, while it does not cross beyond their boundaries;

2°.Continuous and discontinuous waters arising in said parcels, while they flow through them;

3°.Lagoons and their beds formed by nature, on said lands; and

4°.Groundwater obtained by artificial means on private properties.

The natural beds or channels of the discontinuous watercourses formed by rainwater and the beds of rivers and streams in the part that traverses their estates belong to the owner, but he may not carry out workings nor construct works that may cause the natural course thereof to vary to the prejudice of another, or whose destruction by the force of floods may cause damage to tenements, factories or establishments, springs, roads or towns. The beds of ponds, lagoons or lakes adjoining his properties shall belong to him in proportion to his adjacency, provided they are not the property of a determined person.

Every owner may open wells within their properties to obtain and raise subterranean waters, and carry out any other work for the purpose of seeking the bringing to light of said waters, but such works may not diminish or divert public or private waters from their natural surface course which are destined for a public service or for a pre-existing private use, with legitimate title, in which case the authority, at the request of the interested parties, may order the suspension of the work.

The artificial works referred to in the preceding article may not be carried out at a distance of less than forty meters from buildings belonging to another, from a railway or highway, nor at less than one hundred meters from another spring or source, river, canal, irrigation ditch, or public watering place, without the corresponding license from the owners or, as the case may be, from the municipality.

Wells shall not be drilled at a distance of less than two meters from one another within populated areas, and of at least fifteen meters in the countryside.

The owner who obtains the bringing to the surface of underground waters by artificial means shall own them even if they leave the estate belonging to him, subject to what the following article establishes.

If in order to make use of the waters brought to light the owner should need to convey them through lower estates belonging to others, he shall constitute the corresponding servitude, but if he should leave them abandoned to their natural course and the owners of such estates should have made use of them for five uninterrupted years, they shall acquire the right to enjoy them in the order of their location, preference being given to the one who anticipated in its use, who may not be deprived thereof by another, even if the latter is situated higher up, without first being defeated in trial.

For the purposes of the preceding article, those waters which, having flowed over the surface, disappeared due to volcanic eruptions, earthquakes or other accidents of nature shall be deemed subterranean waters.

The concessionaires of mining claims, adits, and general galleries for mine drainage have ownership of the waters found in their workings, while they retain the concession of their respective mines.

All matters relating to the use, exploitation and enjoyment of public and private waters shall be governed by the provisions of the agrarian laws or of the special law on the water and irrigation regime.