Short answer. No. The Civil Code provides that no one may enter private property to search waters or make use of them without permission from the owners. The only exception is what may be permitted under the Mining Law. Without your consent, entry to search for or use water on your land is unlawful.
What the law says
No one may enter private property to search waters or make use of them without permission from the owners, except as provided by the Mining Law.
Civil Code, Article 509 — No Entry To Search For Waters. Read the full provision →
Your right to control water exploration on your land
Article 509 of the Civil Code is straightforward. Entry onto private property to search for water — or to use water already found there — requires the owner's permission. This applies to neighbors, strangers, utility companies, and local government units alike, unless a specific law grants them authority to act otherwise. The rule flows from the broader concept of ownership: the right to exclude others from your land extends to what is beneath the surface, including water resources that may be found there.
The Mining Law exception
The statute carves out a narrow exception for what is "provided by the Mining Law." This means that where a mining law grants a right of entry or exploration authority over private land — typically under a mining permit, agreement, or similar government-issued authority — that right supersedes the owner's otherwise absolute right to exclude. This is not a loophole available to private individuals acting without a permit. It applies to holders of government-granted mining rights acting within the scope of those rights. If someone claims the right to enter your land for water-related exploration, you are entitled to see the specific legal authority they rely on.
What "permission from the owners" requires
The permission must come from the owners — the plural matters in co-owned or conjugal property situations. A permission granted by one co-owner without the others may not be sufficient to authorize entry. For co-owned property, the rules on co-ownership and administration govern whether one owner can unilaterally authorize access. The permission should also be specific: a general license to enter the property for other purposes is not necessarily permission to search for or use water. If someone entered under a different authorization and then conducted water exploration, the entry for that particular purpose was not consented to.
If someone has already entered or is using your water
If a person has already entered your land to search for water, or is currently drawing water from a source on your property, you have grounds to demand they stop and to seek legal remedies. Unauthorized entry for this purpose can give rise to claims under the Civil Code's provisions on damages and trespass. The strength and urgency of your remedies will depend on the extent of the intrusion and any harm caused. Keep records of what you observed, when it occurred, and any notices you gave — those will matter if the matter needs to be formally addressed.