Short answer. Yes. Article 514 of the Civil Code states that when the owner of waters artificially brought to the surface abandons them to their natural course, they shall become of public dominion. Abandonment ends your private ownership and converts the water back to public property.
What the law says
When the owner of waters artificially brought to the surface abandons them to their natural course, they shall become of public dominion.
Civil Code, Article 514 — Abandoned Artificial Waters Become Public. Read the full provision →
Private ownership ends with abandonment
Article 514 of the Civil Code establishes a direct consequence for abandonment: water that was validly owned because you brought it to the surface loses its private character the moment you abandon it to flow freely. Once released to its natural course without continued exercise of ownership, the water becomes of public dominion — belonging to the State and available for public use. This rule mirrors the logic of Article 513: ownership was created by your act of extraction, and it ends with your act of abandonment.
What abandonment means
Abandonment in this context means deliberately allowing the water to flow freely into the natural drainage or waterway, without intending to recapture or continue using it. It is a voluntary relinquishment. A temporary interruption in use — a broken pump, a seasonal pause in irrigation, or a brief absence — is not abandonment. Abandonment requires the intent to give up ownership, not merely a pause in the exercise of ownership. If you plan to resume using the water, maintain that intention clearly and avoid actions that suggest you have given up on the resource.
Why this rule matters for landowners and water users
If you extract water through a well or pump and your circumstances change — you sell the land, the operation shuts down, or you simply stop using the water — the manner in which you handle the extracted water has legal consequences. Simply letting it flow unclaimed constitutes abandonment under Article 514, and the water becomes public. This may be of little practical concern for small household wells, but for agricultural or industrial operations with significant water rights, the abandonment rule can affect water allocation and future claims. If you stop using your extraction system temporarily, it is worth documenting that the pause is not intended as an abandonment.
Public dominion water and what happens next
Once water becomes of public dominion through abandonment, it is no longer subject to private ownership claims by the former extractor. It joins the general body of public waters governed by applicable water laws. Another person who subsequently brings the same water back to the surface through their own artificial means would, under Article 513, own that water — your earlier abandonment removes your claim, and a new extraction creates a new private right. The cycle reflects the Civil Code's consistent principle: the private right in artificially extracted water is tied to the ongoing act of extraction and claimed use, not to a permanent title.