16 Dec As the owner of the land in Spain, am I entitled to have use of the subterranean waters in my plot? What about the waters from a river crossing my plot?
All waters (surface waters as well as the subterranean ones) are forming part of the so called Spanish State’s Public hydraulic domain, and are subject to general Public interests.
Even though the waters cannot be privately owned in Spain, their common use, as well as their private use is admitted.
a) In what refers to common uses, the Spanish Law states that anyone can use the surface waters while they flow within their natural beds for drinking, swimming and other domestic uses, as well as for watering halt for livestock.
b) Regarding the private uses, these can be acquired in Spain by statutory provision or by Administrative License, but never by prescription due to any lapse of time of undisputed enjoyment. The owner of a land can use the rain waters flowing along the plot and the ones in ponds within the plot’s boundaries, as well as the waters from springs existing inside the plots and the subterranean ones. In the last two cases the used volume cannot surpass 7,000m3 per year.