Short answer. Yes, but not for free. Article 642 gives a person who wishes to use water on his own estate - water he is entitled to dispose of - the right to make it flow through the intervening estates. That right comes with an obligation to indemnify the owners of those lands, and of any lower estates the water reaches.

What the law says

shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend

Civil Code, Article 642 — The Right to Make Water Flow Through Others' Land. Read the full provision →

The right to make water flow through

Article 642 recognises a limited but real right over a neighbour's land where water is concerned. Any person who wishes to use upon his own estate any water of which he can dispose may make it flow through the intervening estates that lie between his source and his land. This is an easement of aqueduct in outline — the neighbour cannot simply refuse passage to water you are entitled to use. The right exists so that a landowner with a usable water supply is not cut off from it merely because the channel must cross other property to arrive at his own.

You must be entitled to the water

The right is not a licence to move any water you like. The article limits it to water of which he can dispose — water you are legally entitled to use, from a source that is yours to draw on. It does not let you divert a neighbour's spring, tap water that belongs to someone else, or take more than your right allows. The starting point is a lawful entitlement to the water; the easement over the intervening land is only the means of getting that water to the place where you may lawfully use it.

The duty to indemnify

The passage is not free. The article ties the right to the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. So you must compensate two groups: the owners of the lands the channel crosses, and the owners of lower estates onto which the water may filter or run down. The burden the water places on those properties is recognised and paid for. This keeps the arrangement fair — you get your water, but the neighbours whose land carries or receives it are made whole for the imposition.

What the right does not permit

This provision entitles you to passage for water, not to a free hand over your neighbour's land. It does not let you ignore the least burdensome route, flood or damage the servient estate beyond what indemnity covers, or disregard the lower owners on whom the water descends. Nor does it dispense with the water-law and easement requirements that surround it. And it is a right to conduct water through the land, not to occupy or use that land for other purposes. Where the parties cannot agree on the indemnity or the route, the matter is settled under the rules on easements, not by seizing a path.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.