Understanding Water Rights: Essential Elements and Categories

Posted on Feb 20, 2025 in Business Administration and Innovation Management

Essential Elements of Water Rights

E. – ESSENTIAL ELEMENTS OF THE RIGHT NOTES FOR USE TIPIFICANTES VIEW DOCUMENT

Content of Water Rights

F. – CONTENT OF THE RIGHT OF USE

  1. Faculty of extracting the water (in point, shape, strength, and modes listed in the title).
  2. Exclusive extraction point, shape, strength, and modes listed in the title.
  3. Faculty of using water taken (under the generic destination indicated in the title).
  4. Power to dispose of water taken (if the right is of a consumptive nature).
  5. Faculty to not extract or not to use the water (only for certain rights of lower flow rate).
  6. Faculty of executing the works necessary for the collection and conduction of water taken.
  7. Power to impose any necessary easements for the collection, transmission, and work.
  8. Power to use national property for public use (banks, etc.) if necessary.

All this without prejudice to compliance with the relevant requirements (authorizations, allowances, concessions, etc.).

  1. Law (and obligation) to belong to the user organization concerned.

Categories of Water Rights

G. – CATEGORIES OF RIGHT OF USE

Conceptual Point of View:

  1. From a conceptual point of view:
    1. Right to use as such: it is one that meets the essential elements or notes tipificantes and contents previously mentioned.
    2. Other schools use so-called right to use, so-called right to use solely by operation of law.
    3. Other powers not called right to use, but have a certain condition of exclusivity and exclusion.

Title Point of View:

  1. From the point of view of its title:
    1. Made
    2. Recognized

Essential Elements Point of View:

  1. From the point of view of its essential elements or notes tipificantes VIEW DOCUMENT

Acquisition of Water Rights

G. – ACQUISITION OF RIGHT OF USE

Originating & Derivative Modes:

Originating Modes: Allocation

“Occupation?

“Accession?

Derivative modes: Tradition (redeployment) Succession on death

Prescription & Operation of Law:

Prescription:

Ownership recorded. Possessing only enables the adjustment made.

For the simple operation of law:

Not the right to use itself.

Essentials of Water Rights

ESSENTIALS

Nature of Waters:

A) Nature of the waters over which deals

CLASSIFICATION Surface or groundwater, those: ing currents or detained. ART. No. 1 CA 140

Natural Source:

2) natural Source: riverbed (name of river, stream or spring; name of the lake or pond, etc.). And province, in the case of surface water commune, in the case of groundwater (and area of protection)

Point of Collection:

3) Point of collection: specific geographic point data indicating singling out (side of the bank, name of the place, role of the property, etc.). In the new applications this point must be specified with their geographical coordinates.

And in the case of non-consumptive rights, pointrestitution and spatial references of it.

Form Collection:

4) Form collection

Time of Extraction:

5) Time of extraction: determination of the period of time that allowed the extraction: always or slotting CLASSIFICATION There are two known: gravity and mechanics, in the case of groundwater, recruitment will always be by mechanical Rights continuous exercise, intermittent exercise rights, rights of alternative exercises.

ART. CA No. 140 1149 2140 No. No. No. 3149 April 14, 1915 140 N º 3, 149 No. 5140 No. 4149 No. April 12, 1919, 24 (presunc) 140 No. 5149 No. 6

Priority of Mining:

6) Priority of mining: the right quality in terms of resource scarcity.

Amount to Extract:

7) Amount to extract odotación

Generic Fate of the Water:

8) or generic Fate of the water: the right quality in terms of resource use.

Permanent Rights and Rights CLASSIFICATION possible. If the first turn decrease proportionally with the extraction and the latter are not entitled to any collection. Rights and rights over children. Consumptive rights (allow to consume the water extracted) non-consumptive rights, use it only for the purpose stated in the title, with the obligation to restore it.

ART. CA 12, 16, 17, 18 140 No. 5149 No. 6312 (presunc) 7, 129 bis 4, 5 and 6, 140 N º 2, 140 N º 6.149 N º 3309 (presunc) 12, 13, 14, 140 No. 5149 No. 6313 ( presunc)