Wells and boreholes on rural property: what is legal

Terms used

• Confederación hidrográfica — The confederación hidrográfica is the public river basin authority that manages water, wells and water rights in its area.
• Registro de Aguas — The Registro de Aguas is the basin authority's register of water rights, including registered wells.
• Memoria — The memoria is the technical project describing the well's location, depth, flow and use.
• Nota simple — The nota simple is a short extract from the property register showing a property's owner and any charges or notes.

Key rules

• Domestic limit: Without a concession, an owner may use up to 7,000 m3 per year for domestic use, and the well must still be registered.
• Unauthorised wells: A well with no registered right risks fines, closure and a blocked sale.
• Buyers: Ask for the confederación's resolution and the Registro de Aguas entry before you buy.
• Drought: Registered wells can be limited or suspended when a drought is declared.

The short answer

Every well or borehole needs the water authority's approval. That authority is the confederación hidrográfica, the river basin body for your area. Depending on the use and size, the approval is either a registration or a concession. An unauthorised well risks fines and closure. If you are buying, check the well's legal status before you sign.

Registration or concession?

• Domestic use on your own land. You can use up to 7,000 m3 per year without a concession. The well must still be registered.
• More than that, or non-domestic use. You need a concession.
• Overexploited aquifers. A concession is required here too, even for small volumes.
• Drilling. It generally needs prior notice to the confederación or its authorisation. In protected zones, authorisation is required.

Regional or municipal permits may also apply, and each basin's plan can add restrictions. Ask the confederación whether your well needs registration or a concession, and ask your town hall about local permits.

How to apply

You apply to the confederación. You will need your ID, proof that you own the land, and a technical project (memoria) with the well's location, depth, flow and use. A hydrogeological report is often requested as well. The documents below list these.

The file goes through public information, reports from other bodies and environmental checks. It ends in a resolution, which is entered in the Registro de Aguas. Fees are modest and vary.

Simple registrations are faster. Concessions often take one to several years, and legalising an old well can take about as long. Some basins run regularisation plans for old wells, so ask whether yours does.

What an unauthorised well risks

• Fines, graded from minor to very serious. They scale with the damage and can be large.
• An order to close or seal the well.
• An order to restore any damage to the public water domain, and to pay compensation.
• Problems with the property. Water taken without a right can stop supply and block a sale or legalisation.

Proceedings can have a limitation period, so an old well is not automatically safe.

Drought rules also reach wells

In a declared drought, the authorities can cut extractions from wells, including registered ones. They can set pumping schedules or volume caps and require meters. Domestic use and urban supply come first. Irrigation wells are cut first. Small private wells are covered too. The limits depend on your basin and its current drought phase, so check them with the confederación.

If you are buying

Check these before you commit:

1. Ask the seller for the confederación's resolution and the Registro de Aguas entry, with the registered volume and use.
2. Request a certificate from the confederación on the right's status and any sanction file.
3. Get a nota simple from the property register to see whether the well or its right is noted on the property.
4. Have a notary, lawyer or hydrogeologist check that the well's location, flow and use match the title. They should also check that no expiry or pending proceedings exist.

If the well has no registered right, renegotiate or walk away.

Documents you need

• Your identification, as the owner applying to register the well or get a concession.

• Proof that you own the land, such as the title deed.

• A technical project (memoria) showing the well's location, depth, flow and use.

• A hydrogeological report, which the confederación often asks for.

• The confederación's resolution that grants the concession or registers the right, which a buyer should ask the seller for.

• The entry in the Registro de Aguas, the basin water register, or in the catalogue of private waters, showing the registered volume and use.

• A certificate from the confederación on the status of the right and on any sanction file.

• A nota simple from the Registro de la Propiedad, the property register, showing whether the well or its right is noted on the property.

Which papers are asked for varies by basin, so confirm the list with your confederación hidrográfica.

Checklist

• Check whether your property sits in an overexploited aquifer or a protected zone, where drilling needs authorisation.

• Submit your application to the confederación with your ID, proof of land ownership and a technical project.

• Ask the seller for the confederación's resolution and the Registro de Aguas entry before you buy.

• Walk away or renegotiate if the well has no registered right, because it risks fines, closure and a blocked sale.

• Ask the confederación for the current drought phase and any pumping limits, schedules or meter rules for your well.

Frequently asked questions

Do drought restrictions apply to a well I have registered?

Yes, drought restrictions can apply to a registered well, including small private ones. When a drought is declared, the authorities can cap how much you pump, set pumping schedules and require a meter. Irrigation wells are the first to be cut, while household and town supply come first.

How long does it take to legalise an old well?

Legalising an old well can take one to several years, much like a full concession. A simple registration is faster.

Can an unauthorised well stop me selling the property?

Yes, water taken without a right can block a sale or legalisation, and it may also stop supply to the property. The confederación can also order the well closed or sealed and ask you to repair the damage. Legalise the well before you put the property on the market.

Who can check a well's papers for me before I buy?

A notary, lawyer or hydrogeologist can check the well for you. They confirm that its location, flow and use match the title, and that no expiry date or open case exists. Ask for their check before you sign.