Water Rights Registration: Procedures and Regulations

THE CONSERVATIVE REAL ESTATE

ELREGISTRO OF WATERS AND ARTICLES CA 112 121

The functions of the conservative form of appointment and the procedures to be supported are regulated in the Courts Organization Code (Articles 446-452), the Civil Code (Articles 686-699), and the Conservatory Real Estate Registration Regulations. These rules, under the provisions of Articles 112 and 121 CC, apply extra to the specifications stated in the CA.

It is conservative jurisdiction that is set forth in Article 118: in whose territory the intake channel matrix is located in the natural channel, reservoir, or well, and, in your case (see article). Exception: as noted in Article 1 transitional, item 2, CA, where appropriate.

The registration of water is composed of three registers:

1. Water Land Registry
2. Register of Mortgages and Charges on water
3. Record of interdiction and prohibition to transfer on the water

CLASS REGISTRATION

A systematization of the various registrations of water allows the classification:

A. Original Works: (I use this term even though it would be more accurate to use originating, as I shall explain later). All of them are practiced in the Land Registry of Water.

1. Concerning the right to use as such or the rights of a member organization of users, and are those that are practiced in order to give birth to a timeshare registration of rights or just alluded to:

1. By way of registering the public deed containing the resolution establishing the right to use (Article 114 No. 4, Part One)
2. By way of registering the court decision that recognizes the existence of a right of exploitation (Article 114 No. 7). This is the case of regularization of article 2 transition.
3. By way of placing the right to use referred to in Article 115.
4. By way of including the right of a commoner or member as a result of the original registration of a community or association of water channels (Article 114 No. 8). (See No. 2, a) and b) below).

2. Relative to a user organization, and are those for which the existence of such entities becomes a registrar advertising. (After practicing some of these inscriptions, inscriptions, should have referred to in subparagraph d) above):

1. By way of registering the securities constituting such an organization (such securities are being considered in the section user organizations) (Art. 114 No. 1).
2. By way of registering legal acts concerning the recognition of a community water (114 No. 2).