Civil Code, Article 513 — Waters Artificially Brought Forth

What this article means

Water brought to the surface artificially, in accordance with the Special Law of Waters of August 3, 1866, belongs to the person who brought it up.

This article recognizes ownership by the act of bringing water to the surface, rather than by owning the land from which it rises. Someone who lawfully raises water artificially, in the manner the Special Law of Waters of 1866 describes, owns the water produced — even though, absent that effort, the water would not have been available at all. This is a narrower basis of ownership than simply owning land where water occurs naturally; it ties the right to the labor and method used to extract the water in the first place.

Questions about this provision

• If I dig a deep well or install a pump and bring up underground water, who owns that water?

Related provisions

• Article 512 — Exploring For Subterranean Waters.
• Article 514 — Abandoned Artificial Waters Become Public.

Cases interpreting this article

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