Short answer. Yes. Article 641 of the Civil Code provides that easements for drawing water and watering animals carry with them the obligation of the servient estate's owner to allow passage of persons and animals to the place where the easement is exercised. The passage right is bundled into the water easement by law.
What the law says
Easements for drawing water and for watering animals carry with them the obligation of the owners of the servient estates to allow passage to persons and animals to the place where such easements are to be used, and the indemnity shall include this service.
Civil Code, Article 641 — Passage Accompanies These Easements. Read the full provision →
The passage right is automatic, not separate
Article 641 creates a bundled right: when an easement for drawing water or watering animals is established, it does not stand alone. By operation of law, the servient estate owner must also allow passage — for both persons and animals — to reach the point where the water is drawn or where the animals drink. The dominant estate owner does not need to negotiate a separate passage easement or obtain a second grant. The passage is implicit in the water easement itself, and the servient owner cannot deny access to the water source while claiming the passage is not covered.
The indemnity covers both the water easement and the passage
Article 641 also addresses compensation: the indemnity paid for the water easement shall include this service — meaning the passage right is already compensated for within the same payment. The servient estate owner cannot demand an additional or separate payment for the passage to the water source. The parties may negotiate or a court may determine the amount of indemnity, but that amount should account for both the right to draw water or water animals and the accompanying right of passage.
Passage is limited to its purpose
The passage right under Article 641 is not a general right of way over the servient estate. It is specifically limited to accessing the place where the water easement is exercised. Persons and animals may use the passage to reach the water source and to return — they cannot roam freely over the rest of the servient estate, use the passage for unrelated purposes, or claim that the passage easement has grown into something broader. The scope of the passage right tracks the scope of the water easement it serves.
Practical implications
If you hold an easement for drawing water from a spring or well on a neighbor's land, and the neighbor is trying to block you from even reaching the water source, Article 641 provides a clear answer: the passage to that point is part of your right. If you are the servient estate owner, you should expect both the water use and the passage when you agree to or are ordered to provide this easement, and the indemnity should reflect the full burden. Disputes over exactly which path to the water may be used are common; ideally, the easement document specifies the route, but if it does not, the path should be the one least prejudicial to the servient estate.