The use of State Water

The assets of the public water

Historical precedents of public water domain

The protection of public property

The use of public property

The commons

Nov 072009

The use of State Water

state-water1 .- The legal easements on water

Legal servitudes on water are:

a) Area of servitude than 5 meters wide margins of the channels for public use. The building and planting are subject to authorization

b) Police Zone of 100 meters width of the channels in which limit the use of soil hydraulic submitting to the authority any construction, aggregate extraction, natural terrain changes.

c) Easement runoff: lower land requirement to withstand water and drag materials to fall naturally. If not descend naturally, is entitled to compensation for damages

d) Easement Aqueduct: water authority may impose servitude of aqueduct for water use with compensation

2 .- The common uses of water and proprietary

It is common to use surface water as they run for their natural beds, for drinking, bathing and other domestic purposes and for watering livestock. These common uses shall be conducted so that there is an alteration of the quality and flow of the waters. There are in common uses, special uses subject to authorization, as is navigation, or the establishment of boats step.

The exclusive use of public water is one that excludes the common use and is acquired by law or by administrative concession. An exclusive use by statute, is the owner of a farm that can use rainwater to flow through it and stalled within their boundaries or use on a site of groundwater when the total volume not exceeding 7,000 cubic meters.

All other private uses of water and require administrative concession may be granted according to forecasts by the Hydrological Plan, a temporary and not later than seventy-five. Assumptions for private uses are irrigation, the agricultural or industrial uses to produce electricity.

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Nov 072009

The assets of the public water

public-water 1 .- Concept of public water

TRLA Article 2 states that constitute the public water of the state, the following assets:

a) Inland waters

b) The channels of natural streams, continuous or discontinuous.

c) The beds of lakes and reservoirs

d) Aquifers

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Nov 042009

Historical precedents of public water domain

public-water-1

1 .- The ground water in Roman Law

In Roman law the water was part of the common elements, ie the “common res omnium. This meant that water was capable of appropriation by individuals and especially by the owners of adjoining properties. However, on navigable rivers, establishing special protection to ensure navigation, consisting of particular use to prohibit making it hard for ships.

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Oct 292009

The protection of public property

bienes-publicos

1 .- Causes of the protection of public property

The legal regime of public property be primarily characterized by its special protection scheme, which aims to achieve the following purposes:

a) Advocate for public ownership of public assets and prevent loss or theft by individuals

b) Defending the fate of public property, whether public use or the proper provision of public

c) Protect the characteristics and integrity of public goods, especially in particular whether they are goods of natural

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Oct 102009

The use of public property

bienes-publicos1 .- The use of public domain property 
a) The direct use by management and reserves demaniales
The public property can be used by government or individuals. When it comes to goods for the provision of a public service and administration is the owner of those assets that are managed directly, use that for this purpose makes the property concerned is governed by the rules of the service.
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Oct 102009

The commons

comunalesThe commons are public property of local authorities which belongs to the common use of the neighborhood may be the case of agricultural and forestry goods.

The nature of public property provided by Article 132 EC and therefore governed by the principles of inalienability and applicability. Continue Reading →

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