Specialists in water use rights
We combine administrative experience with specialised litigation in water rights. That integration makes the difference.
of rights
before the courts
including regions
Industries that depend on water
Those who hold rights and need to protect them
Mining companies, farmers, forestry operators, salmon farming businesses, and drinking water concession holders that need to organise, regularise, or protect their water use rights against third parties or the DGA itself.
Those facing an active conflict
Water users facing illegal extraction by third parties, disputes among water communities, challenges to rights, issues with the DGA, or litigation over water easements. The team handles the case from the administrative claim through to the courts.
Water as a critical resource
Mining
Processing, disputes with neighbouring communities, and defence before the DGA. Water rights are part of the productive asset.
Agriculture and irrigation
Regularisation of historical rights and defence against illegal extraction affecting available flow.
Salmon farming and fisheries
Non-consumptive rights, easement disputes, and administrative proceedings in water restriction zones.
Drinking water concessionaires
Protection of rights against third parties, aqueduct easements, and APR (Rural Drinking Water) communities.
Data centres
Securing water rights for cooling systems and managing water availability before the DGA.
Forestry industry
Productive use rights and defence in disputes regarding the impact of plantations on shared basins.
recognition
What we do in water rights
The team understands the water regulatory framework from the inside and takes cases to court when proceedings before the DGA are not sufficient.
Regularisation
Formal registration of rights that are used without title. It requires proving historical use in accordance with the Water Code.
Perfection of title
Correction of registrations, title updates, and curing of registry defects. Incorrectly registered rights complicate transfers.
Establishment of water communities
Incorporation of water communities and canal associations to manage shared water resources.
Water conflicts
Disputes between users, illegal extraction, and interference with rights. From administrative claims through to the courts.
Administrative claims before the DGA
Appeals against DGA resolutions, denials, and sanction proceedings. Inside knowledge of the agency makes the difference.
Water easements
Establishment, modification, and challenge of aqueduct and water conveyance easements.
When to call us
Deadlines in water matters are strict, and missing them forecloses options. These are the situations where prompt action is advisable.
You hold water rights without formal registration
Unregistered rights are vulnerable. If challenged by a third party or questioned by the DGA, the lack of registration weakens your position. Regularizing within the statutory deadline protects what is already in use.
A neighbour or company is extracting water without rights
Unauthorised extraction is a violation of the Water Code. Legal remedies exist to stop it and seek compensation for the damage caused. Acting promptly is critical: the more time passes, the harder it is to prove the damages.
The DGA has initiated sanction proceedings against you
Account-rendering proceedings combine civil and administrative law. A civil law specialist alone cannot defend them effectively. If you are a public official and the Comptroller General has initiated an account trial or a formal administrative investigation, you require swift, specialised defence: if you remain in office, amounts can be deducted directly from your salary.
You are planning to buy or sell water rights
A purchase or sale of water rights requires verifying the registration, the application status, and any pending encumbrances or litigation. Issues not identified before signing are significantly more costly to resolve later.
Your water right is subject to a non-use fee
An administrative investigation can result in sanctions, suspension, or dismissal. A defence from the earliest stages of the proceedings defines the available room for manoeuvre. Acting late, once a final resolution has been issued, closes off options.
What we are asked most often
Frequently asked questions on water rights. Every water right is different, but certain scenarios recur.
How do I know if my water rights are properly registered?+
Water rights are registered with the relevant Conservador de Bienes Raíces (Real Estate Registry) and in the Public Water Registry of the DGA. Having a right registered in only one of these registries can cause difficulties when transferring or defending it.
A title review is the first step: verifying registration, flow rate, type of right, and whether there are pending encumbrances or litigation associated with the right.
What does regularising a water right mean, and when should it be done?+
Regularisation allows an unregistered water right—or one registered under someone else's name—to be formally registered under the name of the actual user. Eligibility requires proving historical use of the resource for at least five years prior to the entry into force of the Water Code.
It is advisable to regularise when there is actual and continuous use without formal registration, as non-regularised rights are more vulnerable to challenges and administrative proceedings by the DGA.
A third party is using water that belongs to me. What legal actions are available?+
Unauthorised extraction is a violation of the Water Code and may be pursued both administratively before the DGA and through the courts. Legal actions include complaints for unlawful extraction, water protection claims (amparo de aguas), and, where damages can be proven, claims for financial compensation.
Acting promptly matters: the longer one waits, the more difficult it becomes to prove damages, and the more entrenched the infringer's position becomes.
What happens if I do not use my water right?+
Unused water rights are subject to an annual non-use fee (patente por no uso). If this fee is not paid and effective use is not proven, the right may be auctioned by the State. The non-use fee was one of the amendments introduced by the 2022 Water Code reform.
If you hold a right that is not currently in use but intend to use it in the future, reviewing the situation in good time ensures you can preserve it without risking its loss at auction.
What changed with the 2022 Water Code reform?+
The 2022 reform introduced significant changes: newly granted rights are no longer perpetual and have fixed terms; the non-use fee was established for rights without effective utilisation; the DGA's inspection and sanctioning powers were strengthened; and a regularisation procedure with a strict deadline was established for unregistered historical rights.
For existing rights holders, the reform modifies obligations and deadlines. Reviewing existing rights under the new legal framework is a sound and prudent step.
Water rights: clean title or disputed
Whether to regularise a right, file an application with the DGA, or defend your position in a dispute, an initial consultation helps clarify the situation and determine the appropriate path forward. Confidential and without obligation.