Short answer. Yes. Article 639 of the Civil Code allows a person who needs to build a dam to divert or draw water from a river, brook, or stream to demand an easement of abutment over the bank or land needed to support the dam — but only after paying the proper indemnity to the affected landowner.
What the law says
Whenever for the diversion or taking of water from a river or brook, or for the use of any other continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity.
Civil Code, Article 639 — Compulsory Easement of Aqueduct for Diversion. Read the full provision →
What the easement of abutment covers
Building a dam to divert or draw water from a river or stream typically requires anchoring the structure on the banks or adjacent land. If you do not own those banks or that land, Article 639 gives you the right to demand an easement of abutment — the right to rest and anchor your dam on another person's property. This is not a general right to occupy the land; it is specifically limited to using the bank or land as structural support for the dam itself.
Who may invoke this right
The person seeking to divert or draw water from a river, brook, or any continuous or discontinuous stream may invoke Article 639. The purpose must be the diversion or taking of water — the dam must actually serve that function. If you need to construct a dam for irrigation, water supply, or similar water-diversion purposes and the necessary support land belongs to someone else, the right to demand the easement exists. The easement does not depend on whether the stream is permanent or seasonal.
Payment of indemnity is mandatory
Article 639 does not give a free right to burden another's land. Payment of proper indemnity is a condition of the easement. The indemnity compensates the affected landowner for the burden placed on their property — the permanent or semi-permanent use of part of their bank as a dam support. The amount must reflect the actual impact: the area occupied, the diminution in the land's utility, any damage caused by the construction, and any ongoing inconvenience. Parties should agree on indemnity before construction; if they cannot agree, court proceedings can fix the amount.
Practical considerations
Before demanding this easement, confirm that a dam is genuinely necessary for your water-diversion purpose and that the specific bank or land you need belongs to someone else. Attempt a voluntary agreement first — an easement by contract is cheaper and faster than one obtained through litigation. Ensure the easement agreement is in writing and, for real property, registered with the Register of Deeds so it binds future owners of the burdened land. Water use and dam construction may also require separate permits from relevant government agencies; the Civil Code easement addresses the land right, not the regulatory approvals.