Short answer. Under Article 643 of the Civil Code, three things must be established: you must prove you can dispose of the water and that it is sufficient for your intended use; show that the proposed route is the most convenient and least burdensome to others; and pay indemnity to the owner of the burdened land.
What the law says
One desiring to make use of the right granted in the preceding article is obliged: (1) To prove that he can dispose of the water and that it is sufficient for the use for which it is intended; (2) To show that the proposed right of way is the most convenient and the least onerous to third persons; (3) To indemnify the owner of the servient estate in the manner determined by the laws and regulations.
Civil Code, Article 643 — Conditions for the Easement of Aqueduct. Read the full provision →
First condition: proving you control the water
The first obligation under Article 643 is to prove two things about the water itself. You must show that you have the legal capacity to dispose of the water — meaning you hold a valid right to use or take it, not that you merely have physical access to it. And you must show that the water is sufficient for the intended purpose. If you plan to irrigate a field, the volume must be adequate for irrigation. An easement of aqueduct is not granted speculatively; the adequacy of supply must be established before the servient estate is burdened.
Second condition: choosing the least burdensome route
The second obligation is to show that the route you propose is the most convenient and the least onerous to third persons. This means you cannot simply draw the shortest line across your neighbor's property. If there is an equally workable route that imposes less damage or inconvenience on the burdened owner — or on other third parties whose land the channel would cross — you must use that route instead. The requirement reflects the law's balancing: your need for water access does not justify unnecessary harm to adjoining owners when a less damaging alternative exists.
Third condition: paying indemnity
The third obligation is to indemnify the owner of the servient estate. The Civil Code refers to the manner of compensation as determined by applicable laws and regulations, which means the amount and form of indemnity are governed by the rules on expropriation, water codes, or other relevant legislation rather than being fixed in Article 643 itself. The indemnity must be paid before or as the easement is established — the right to compel a neighbor to allow a water channel is not gratuitous. The servient owner is entitled to compensation for the burden imposed on the property.
All three conditions must be met
Article 643 presents these three obligations as cumulative, not alternative. You cannot obtain the easement of aqueduct by proving water adequacy alone, or by paying indemnity while ignoring the route requirement. All three elements must be satisfied simultaneously. This makes the easement of aqueduct one of the more demanding legal servitudes to establish. In practice, disputes often arise over the second condition — the route — when the requesting party and the neighbor disagree about which path is truly the least burdensome. That question may require technical evidence and, ultimately, judicial determination.