Civil Code, Article 505 — Concessions Without Prejudice To Third Persons

What this article means

Any concession to use water is granted without prejudice to third persons. Getting a concession does not wipe out rights other people already hold over the same water.

A “concession” here refers to the grant by which a person is authorized to use water. The qualifying clause means that receiving such a grant only creates a right to use the water; it does not extinguish or override rights that other persons already lawfully hold over the same source, such as an existing right to draw from it or a prior, still-valid concession. Where a new concession and an older, subsisting right come into conflict, this article signals that the new grant does not automatically prevail over what came before it.

Questions about this provision

• If I hold a government concession to use public water, can I use it in a way that harms third persons' existing water rights?

Related provisions

• Article 504 — Acquiring Use Of Public Waters.
• Article 506 — Loss Of Right To Public Waters.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.