Short answer. Yes. Article 647 of the Civil Code allows a landowner who needs to irrigate or improve their estate to demand that the owners of a stream's banks permit the construction of a stop lock or sluice gate in the stream bed. Payment of damages — including to other irrigators affected — is required.
What the law says
One who for the purpose of irrigating or improving his estate, has to construct a stop lock or sluice gate in the bed of the stream from which the water is to be taken, may demand that the owners of the banks permit its construction, after payment of damages, including those caused by the new easement to such owners and to the other irrigators.
Civil Code, Article 647 — Stop Locks and Sluice Gates. Read the full provision →
What the right covers
Article 647 grants a compulsory right: if you need to construct a stop lock or sluice gate in a stream bed to take water for irrigating or improving your land, and the banks of that stream belong to someone else, you may demand their permission. The bank owners cannot simply refuse on the ground that it is their property. The right recognises that agricultural and land development needs may depend on water control structures that require access to a stream bed owned by another.
Purpose must be irrigation or improvement
The right is tied to a specific purpose: irrigating or improving your estate. A stop lock or sluice gate built purely for the builder's commercial convenience, or for reasons unrelated to the productive use of the land, does not fall within Article 647. The irrigation purpose is central — both to justify the compulsory nature of the demand and to define the scope of what may be demanded. The structure must be what is reasonably necessary to achieve that irrigation or improvement.
Who must be compensated
Article 647 makes clear that compensation is required — and it goes beyond just the bank owners. The person demanding the easement must pay damages to the bank owners for the physical burden and any impact on their land, and also damages to other irrigators who may be affected by the new structure. A sluice gate can alter water flow and reduce the volume available to existing users downstream or upstream. Their losses are part of the indemnity calculation. The full cost of the easement includes all these parties' legitimate claims.
How to proceed
Start by approaching the bank owners to negotiate a voluntary agreement. Compulsory easements under the Civil Code are available when parties cannot agree, but negotiation is faster and less expensive. Assess the likely impact on existing irrigators and factor their damages into your offer — their claims do not disappear just because they are not parties to your agreement with the bank owners. Get a written easement agreement, have it notarised, and register it with the Register of Deeds. Note that water use from a stream may also require separate regulatory permits; the Civil Code easement addresses the land and bank rights, not the water rights themselves.