reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 722 - Authority to cross roads or rivers

If the aqueduct is to cross communal roads, permission therefor shall be granted by the alcalde, and if it is to cross public roads or channels, the governor of the Province shall grant such permission in the form prescribed in the regulations. When it is to cross navigation canals or navigable rivers or rivers down which it is possible to float rafts or logs, the permission shall be granted by the Government.
History —Law of Waters, art. 76.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 723 - Imposition for private purposes

A compulsory aqueduct servitude may also be imposed for purposes of private interest in the following cases:
(1) The establishment or increase of irrigation.
(2) The establishment of bathing places and factories.
(3) The drainage of lagoons or marshlands.
(4) The escape or outlet of water brought to the surface in an artificial manner.
(5) The outlet of waters from drainage ditches or works.
In the first three cases the servitude may be imposed not only for the conveyance of the necessary waters, but also for the outlet of the surplus.
History —Law of Waters, art. 77.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 724 - Grant of servitude

It shall be the duty of the governor of the Province to grant and order an aqueduct servitude in the cases of § 723 of this title.
Any persons who consider themselves prejudiced by the decisions of the governor, may appeal therefrom to the Colonial Secretary within a period of thirty days, and, in a proper case, have recourse to contentious administrative proceedings, in accordance with the provisions of § 251 of this Act.
History —Law of Waters, art. 78.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 725 - Proceedings to establish utility

In any case, prior to the order of establishing a servitude, proceedings must be had to establish the utility of the servitude which it is sought to lay, after hearing the owners of the estates which are to suffer the charge and the municipalities or Provinces in which they are situated, in so far as they or the State are affected by the proposed action.
History —Law of Waters, art. 79.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 726 - Objections to imposition

The owner of the land on which it is sought to impose a compulsory aqueduct servitude may object thereto on any of the following grounds:
(1) On the ground that the person applying for the order is not the owner or grantee of the water or land on which he intends to use it for purposes of private interest.
(2) On the ground that it can be imposed on other estates with the same advantages to the person seeking to impose it and with less inconvenience to the person who is to suffer it.
History —Law of Waters, art. 80.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 727 - Procedure in case of objection

If the objection be based on the first of the grounds mentioned in § 726 of this title, and such objection is accompanied by documentary evidence of its existence, the course of the administrative proceedings may be stayed until the ordinary courts shall decide the question of ownership.
If the objection be based on one of the grounds of the second case, or be made in a different form, it shall be heard and decided with a hearing of the persons interested. In every question of granting a servitude the right to have recourse to contentious administrative proceedings shall be understood to be reserved to persons whose rights are affected by the charge.
History —Law of Waters, art. 81.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 728 - Procedure on petitions for establishment

When for purposes of public interest a private individual shall apply for the establishment of a compulsory aqueduct servitude, the proceedings upon the petition shall conform to the provisions of the regulations for the execution of this subtitle.
History —Law of Waters, art. 82.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 729 - Buildings, etc., exempt

A compulsory aqueduct servitude cannot be imposed for purposes of private interest on buildings, gardens, or orchards existing at the time of the application.
History —Law of Waters, art. 83.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 730 - Servitude within preexisting aqueduct

Nor can a compulsory aqueduct servitude be established within a preexisting aqueduct; but if the owner of the latter should consent and the owner of the servient tenement object, proper proceedings shall be instituted to compel the owner of the tenement to agree to the new charge, upon compensation, if a larger strip of land belonging to him were to be occupied.
History —Law of Waters, art. 84.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 731 - Division of irrigated land

When irrigated land which receives water from a single point is divided by inheritance, sale, or other title, between two or more persons the owners of the higher portion shall be obliged to give passage to the water as an aqueduct servitude for the irrigation of the lower sections, and cannot demand any compensation therefor in the absence of an agreement to the contrary.
History —Law of Waters, art. 85.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 732 - Form of aqueduct servitude

A compulsory aqueduct servitude shall be established in the following manner:
(1) By means of an open ditch, when not dangerous by reason of its depth or location, nor inadvisable for other reasons.
(2) By means of a covered ditch, when necessary on account of its depth, its proximity to dwellings or roads, or any other similar reason, or in the judgment of the proper authority.
(3) By means of tubes or piping when other waters already appropriated might be absorbed, when the waters conducted might infect other waters or absorb noxious substances, or cause damage to works or buildings, and provided the necessity therefor should be established in the respective proceedings.
History —Law of Waters, art. 86.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 733 - Duration

A compulsory aqueduct servitude may be established temporarily or permanently. It shall be considered permanent for the purposes of this subchapter if its duration should exceed six years.
History —Law of Waters, art. 87.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 734 - Amounts payable to owner of servient tenement

If the servitude is a temporary one, the owner of the land shall be paid, prior to its establishment, a sum representing double the rental corresponding to the duration of the charge for the part occupied, as well as the amount of the damages and injuries caused the remainder of the estate, including those caused by reason of its division by the ditch. Furthermore, it shall be the obligation of the owner of the dominant tenement, upon the conclusion of the servitude, to restore things to their original condition. If the servitude is permanent, payment shall be made for the value of the land and the loss and damage which may be caused the remainder of the estate.
History —Law of Waters, art. 88.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 735 - Extension of temporary servitude

A temporary servitude cannot be extended, but it may be converted into a permanent servitude without the necessity of a new grant, upon payment by the grantee of the amount established in § 734 of this title, after deduction of the amount paid for the temporary servitude.
History —Law of Waters, art. 89.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 736 - Cost of construction, maintenance, and cleaning

The cost of all works necessary for the construction, maintenance, and cleaning of the aqueduct shall be defrayed by the person who sought and obtained the servitude. To this end he shall be authorized to occupy temporarily the land necessary for the deposit of material, after payment for losses and damages or furnishing bond sufficient if the damages cannot be easily estimated, or if the persons interested should not agree thereto. The latter or the administration may compel him to construct the work and ditches necessary to prevent stagnation or seepage of water which might cause damage.
History —Law of Waters, art. 90.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 737 - Width of ditch and margins

Upon the establishment of a compulsory aqueduct servitude the width of the ditch and its margins shall be fixed in view of the nature and topography of the ground and the amount of water to be conveyed.
History —Law of Waters, art. 91.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 738 - Right-of-way along margins

A right-of-way along the margins of a compulsory aqueduct servitude for its exclusive service is appurtenant to such servitude.
History —Law of Waters, art. 92.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 739 - Aqueduct crossing roads or other aqueducts

If the aqueduct is to cross public or private roads of any kind whatsoever, the person who shall have obtained the concession shall be obliged to construct and maintain the necessary culverts and bridges, and if other aqueducts are to be crossed, it shall be done in such manner as not to retard nor accelerate the course of the water nor reduce its volume or impair its quality.
History —Law of Waters, art. 93.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 740 - Increase in capacity

If the owner of an aqueduct which crosses lands belonging to another should request permission to increase its capacity in order that it may receive a larger volume of water, the procedure observed at the time of its establishment shall be pursued.
History —Law of Waters, art. 94.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 741 - Strengthening and cultivation of margins

The owner of an aqueduct may strengthen its margins with sod, palings, walls or banks of loose stone, but not with plantings of any kind. Nor shall the owner of the servient tenement be permitted to make any plantings or work of cultivation on said margins, and any roots penetrating therein may be cut by the owner of the aqueduct.
History —Law of Waters, art. 95.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 742 - Inclosure and cleaning

An aqueduct servitude does not prevent the owner of the servient tenement from inclosing and fencing it nor from building over it, provided the aqueduct is not injured and that necessary repairs and cleaning are not rendered impossible. The owner of the aqueduct shall make them in due time, after advance notice to the owner, lessee, or manager of the servient tenement. If in order to clean and clear the aqueduct it should become necessary to demolish part of the building, the cost of repairing it shall be borne by the person who may have built over the aqueduct if he failed to leave the proper openings or entrances for such services.
History —Law of Waters, art. 96.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 743 - Bridges over aqueduct

The owner of the servient tenement may build bridges over the aqueduct to permit passage from [one] part of the estate to the other, but he shall construct them of sufficient solidity and in such manner as not to reduce the dimensions of the aqueduct nor interfere with the course of the water.
History —Law of Waters, art. 97.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 744 - Ownership of channel, margins, etc

In every ditch or aqueduct, the water, the channel, the banks and the margins shall be considered an integral part of the estate or building to which the water is destined.
History —Law of Waters, art. 98.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 745 - Buildings or bridges; use of channel or margins

Except in the cases of §§ 742 and 743 of this title, no one shall construct a building or bridge over a ditch or aqueduct belonging to another, nor take any water therefrom, nor utilize the products thereof or of its margins, nor the power of its current, without the express consent of the owner.
Nor may the owners of the estates crossed by a ditch, or aqueduct or along the boundaries of which it runs, allege any right of possession to the use of its channel or margins, unless it be based on titles of ownership carrying such right. If on account of its immemorial construction, or for any other cause, the width of the channel of an aqueduct should not be exactly determined, it shall be fixed in accordance with the provisions of § 737 of this title when there are not ancient remains or vestiges establishing it.
The provisions of municipal ordinances shall be observed with regard to irrigation communities as to the use of their currents and of their channels and margins.
History —Law of Waters, art 99.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 746 - Extinguishment of aqueduct servitude

A concession of a legal aqueduct servitude on estates belonging to others shall lapse if the grantee shall fail to make use thereof within the period fixed after full payment of the estimated value to the owner of each servient tenement, according to § 734 of this title.
An established servitude shall become extinguished:
(1) By consolidation; that is to say, by the merger in a single person of the ownership of the water and of the lands subject to the servitude.
(2) On the expiration of the period under ten years fixed in the concession of a temporary servitude.
(3) By nonuser for a period of twenty years, either through the inability or negligence of the owner of the servitude, or by reason of acts on the part of the servient owner contrary thereto, without objection on the part of the owner of the dominant tenement.
(4) By condemnation for a cause of public utility.
The use of an aqueduct servitude by any of the co-owners preserves the right for all of them and prevents prescription on account of nonuser.
When a temporary aqueduct servitude is extinguished by the lapse of time and the expiration of the term for which it was granted, the owner thereof shall only have the right to make use of the things in their original condition.
The same shall apply to a permanent aqueduct the servitude of which is extinguished by inability to use it or nonuser.
History —Law of Waters, art. 100.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter I - Aqueduct Servitude (§§ 721 — 747) › § 747 - Urban servitudes

Urban servitudes for an aqueduct, canal, bridge, sewer, drain, and other servitudes, established for the public or private service of towns, buildings, gardens, or factories, shall be governed by the general and local urban police ordinances.
Servitudes growing out of private contracts not affecting the powers of the municipal corporations shall be governed by the common laws.
History —Law of Waters, art. 101.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter II - Servitudes for Dam Abutments, Stop Locks, or Sluice Gates (§§ 751 — 755) › § 751 - Servitudes for dam abutments

A compulsory servitude for dam abutments may be imposed when the person who intends to build the dam is not the owner of the banks or ground upon which they are to be placed, and when the water to be taken thereby is destined to a public service or to one of the services of private interest referred to in § 723 of this title.
History —Law of Waters, art. 102.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter II - Servitudes for Dam Abutments, Stop Locks, or Sluice Gates (§§ 751 — 755) › § 752 - Servitudes for dam abutments—Grants of servitudes

Concessions for servitudes of this character shall be granted by the administration in the form and according to the terms prescribed in §§ 721–747 of this title.
History —Law of Waters, art. 103.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter II - Servitudes for Dam Abutments, Stop Locks, or Sluice Gates (§§ 751 — 755) › § 753 - Servitudes for dam abutments—Payments to owner of servient tenement

Upon a compulsory servitude for dam abutments having been ordered, the owner of the servient tenement or tenements shall be paid the proper amount for the occupation of his land, and subsequently he shall be compensated for any damage which the estates may have sustained.
History —Law of Waters, art. 104.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter II - Servitudes for Dam Abutments, Stop Locks, or Sluice Gates (§§ 751 — 755) › § 754 - Stop locks or sluice gates

Any person who, in order to irrigate or improve his estate, shall find it necessary to construct stop locks or sluice gates in the irrigating ditch or canal through which he is to receive the water without annoyance to or diminishing the supply of other irrigators, may demand that the owners of the margins permit their construction, after paying for any loss or damage, including that caused by the new servitude.
History —Law of Waters, art. 105.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter II - Servitudes for Dam Abutments, Stop Locks, or Sluice Gates (§§ 751 — 755) › § 755 - Stop locks or sluice gates—Objections by owners of margins

If the owners of the margins should object, the alcalde may grant the permission after giving a hearing to them and to the board which has charge of the distribution of the water, if there be any, or, in its absence, to the ayuntamiento. From the decision of the alcalde an appeal lies to the governor of the Province.
History —Law of Waters, art. 106.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter III - Servitudes for Watering Animals and Drawing Water (§§ 761 — 765) › § 761 - When imposed

Compulsory servitudes for watering animals or drawing water may be imposed only for causes of public utility in favor of a town or hamlet (caserío), after payment of the proper indemnity.
History —Law of Waters, art. 107.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter III - Servitudes for Watering Animals and Drawing Water (§§ 761 — 765) › § 762 - When not imposed

Such servitudes shall not hereafter be imposed on ordinary wells, cisterns, or tanks, nor on buildings or lands inclosed by walls.
History —Law of Waters, art. 108.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter III - Servitudes for Watering Animals and Drawing Water (§§ 761 — 765) › § 763 - Right-of-way to water

Servitudes for watering animals or drawing water carry with them the obligation on the part of the servient tenement of affording passage to persons and cattle to the point where the water is to be taken; the compensation for the servitude shall cover this service also.
History —Law of Waters, art. 109.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter III - Servitudes for Watering Animals and Drawing Water (§§ 761 — 765) › § 764 - Provisions applicable; width of right-of-way

The provisions relating to the grant of aqueduct servitudes are applicable to concessions of this character; at the time they are granted the width of the right-of-way or path to the watering trough or place for drawing water shall be fixed according to the object of the same and local conditions.
History —Law of Waters, art. 110.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter III - Servitudes for Watering Animals and Drawing Water (§§ 761 — 765) › § 765 - Change of right-of-way

The owners of the servient tenements may change the direction of the road or path established for the use of these servitudes, but not their width nor entrance, provided the change does not affect the use of the servitude.
History —Law of Waters, art. 111.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 771 - Servitude for towpaths

Estates adjoining the banks of rivers which are navigable or down which logs or rafts may be floated are subject to a servitude for towpaths. The width thereof shall be one meter if a foot towpath, and two meters if a horse towpath. When the sloping character of the land or other obstacles make it necessary, the towpath shall be laid along the most convenient place; but in such case, when the path enters the adjoining estates to a distance beyond the zone fixed for the towpath, the owners of such estates shall be paid for the value of the land occupied.
History —Law of Waters, art. 112.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 772 - Servitude for towpaths—Location of towpath

The Government at the time it classifies navigable rivers and those down which rafts or logs can be floated shall determine the margin thereof where the towpath is to be run in each section.
History —Law of Waters, art. 113.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 773 - Servitude for towpaths—Indemnity

With regard to rivers which may hereafter become navigable or capable of log or raft floating by virtue of works constructed therein, the proper indemnity must be paid prior to the establishment of the towpath in accordance with the provisions of §§ 2901 et seq. of Title 32.
History —Law of Waters, art. 114.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 774 - Servitude for towpaths—Termination

When a navigable river or one down which logs or rafts can be floated ceases to be such permanently the servitude for a towpath shall also cease.
History —Law of Waters, art. 115.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 775 - Servitude for towpaths—Purpose of towpath servitude

A towpath servitude is exclusively for the service of navigation or the floating of logs or rafts.
History —Law of Waters, art. 116.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 776 - Servitude for towpaths—Navigation canals

A towpath servitude shall not be imposed for navigation canals unless the necessity therefor be established.
History —Law of Waters, art. 117.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 777 - Servitude for towpaths—Interference with use; brush or grasses

No plantings, sowings, fences, hedges, or other works or constructions which may interfere with the use of the towpath may be made thereon. The owner of the land may, nevertheless, make exclusive use of the brush or grasses growing wild thereon.
History —Law of Waters, art. 118.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 778 - Servitude for towpaths—Removal of branches of trees

The branches of trees which are an obstacle to navigation or floating or to the towpath shall be cut down to a convenient height.
History —Law of Waters, art. 119.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 779 - Mooring of ferryboats, passing vessels and floating objects

Riparian estates are subject to a servitude for fastening or securing the warps or cables necessary for the establishment of a ferryboat service, after indemnity for loss and damage, and also to permit temporary mooring, in extreme cases, of passing vessels or floating objects; also upon payment of indemnity.
History —Law of Waters, art. 120.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 780 - Deposit of floating objects for safety

If, in order to prevent floods from carrying away timber or objects floated down the river, it shall become necessary to remove and deposit them on the riparian estates, the owners of the latter shall not have the right to prevent it, and shall be entitled only to payment for loss and damage. Such charge shall constitute a first lien on the timber or objects, which shall not be removed before the conductors thereof have made payment or furnished security.
History —Law of Waters, art. 121.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 781 - Deposit of merchandise jettisoned and saved

The riparian estates are also obliged to permit the deposit thereon of merchandise jettisoned and saved in cases of accidents, shipwreck, or any other urgent necessity, and such merchandise shall be liable for loss and damage in accordance with the provisions of the foregoing section.
History —Law of Waters, art. 122.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 782 - Spreading of nets and deposit of fish

The owners of the margins of rivers are obliged to permit fishermen to take out and spread their nets thereon, and to deposit temporarily the product of the catch, without trespassing upon the estate nor going beyond three meters from the edge of the river, according to the provisions of § 615 of this title, unless the topography of the ground should require a greater width to be fixed in any case. Where there is no servitude of right-of-way along the margins for the common use of the water, the Governor may establish it and fix the width thereof after the proper compensation.
History —Law of Waters, art. 123.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 783 - Deposit of sand, stone, etc., in clearing rivers or creeks

When it shall become necessary to clean and clear the channels of rivers or creeks of rubbish or sand, stone, or other objects deposited by the water, which obstruct or turn the current and threaten to cause damage, the riparian estates shall consent to the temporary servitude and the deposit of the material removed, payment being made for any loss or damage or the proper bond being furnished.
History —Law of Waters, art. 124.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 77 - Legal Servitudes (§§ 721 — 784) › Subchapter IV - Towpaths; Other Servitudes Inherent in Riparian Estates (§§ 771 — 784) › § 784 - Administration to establish servitudes

The establishment of all these servitudes, including a right-of-way along the margins, for the common use of waters, is vested in the administration in the terms and manner prescribed for those of §§ 721–747 of this title.
History —Law of Waters, art. 125.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785 - Power to establish

The power to establish conservation easements as personal or real easements on rustic or urban lots to achieve the purposes of this chapter is hereby recognized.
History —Dec. 27, 2001, No. 183, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785b - Non-Applicability of certain provisions of the Civil Code of Puerto Rico

Personal easements constituted under this chapter shall not be subject to the limitations imposed by § 1633 of Title 31.
All easements constituted under this chapter shall not be deemed to be an unlawful gift for purposes of § 2373 of Title 31.
All easements constituted under this chapter shall not be subject to the acquisition of the ownership and all property rights by virtue of acquisitive prescription or usucaption, whether it be ordinary or extraordinary, as established in §§ 5241 et seq. of Title 31.
History —Dec. 27, 2001, No. 183, § 5; Nov. 17, 2015, No. 187, § 70, eff. Jan. 1, 2016.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785c - Donations and transfers to the Commonwealth of Puerto Rico

Donations granted pursuant to this chapter shall be deemed onerous with regard to the tax benefits it provides in its sections.
In the case of the extinction or dissolution of the nonprofit entity which was originally granted easement rights, the sole fact of the extinction or dissolution of the easement holder shall constitute an ipso jure transfer to the Commonwealth of Puerto Rico and it shall thus be stated in every conservation easement deed and the corresponding registration in the Property Registry.
When selling land or property that has natural, agricultural, or cultural significance to any person who is authorized to be an easement holder or to receive donations for purposes of this chapter, if said sale is made for an amount which is lesser than the value stated in the appraisal or valuation report required by § 785m-1 of this title, the difference between the appraisal value and the sales price shall not be considered a donation that generates tax credits under this chapter, because it is not the type of donation this act incentivizes by means of tax benefits.
History —Dec. 27, 2001, No. 183, § 6; Nov. 17, 2015, No. 187, § 71, eff. Jan. 1, 2016.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785d - Purposes

The conservation easement may be constituted for the following purposes, among others:
(a) Preserve the natural, agricultural, forest or scenic attributes of a property or open space conditions.
(b) Protect hydrographic basins.
(c) Maintain or enhance the quality of air or water.
(d) Preserve properties with a cultural value.
(e) Preserve properties with agricultural value.
History —Dec. 27, 2001, No. 183, § 7; Nov. 17, 2015, No. 187, § 72, eff. Jan. 1, 2016.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785e - Person who can be holders of an easement

(a) The following shall be deemed persons eligible to be easement holders:
(1) The Commonwealth of Puerto Rico, or
(2) a non-profit organization whose main purposes or functions include the protection or conservation of an area of natural value or a property of cultural value. Such entity must be a bona fide organization and at least ten (10) years must have elapsed from its foundation. The Department of the Treasury shall establish a public registry of nonprofit organizations that apply and meet the aforementioned requirements to be considered as persons eligible to be easement holders.
(b) a nonprofit organization that meets all of the following requirements:
(1) Having obtained and maintained the certificates from the Department of the Treasury for nonprofit entities.
(2) That its main function and purpose is the protection or conservation of an area of natural, agricultural, or cultural significance.
(3) That it is a bona fide entity which has been actively operating for at least ten (10) years, and which has been recognized in Puerto Rico for its work in the conservation of areas of natural, agricultural, or cultural significance.
(4) Having obtained and maintained the accreditation of the Land Trust Alliance, which includes entities that have the necessary resources to responsibly and adequately conserve the properties donated to them, or the conservation easements of which they are holders. The Secretary of the Treasury may establish through regulations the process to be followed by nonprofit organizations in the event that the Land Trust Alliance is dissolved.
(5) Be registered in the Department of the Treasury as an entity that can be a holder of a conservation easement.
The Secretary of the Treasury shall establish a public registry for nonprofit organizations that meet the aforementioned requirements. Nonprofit entities that wish to be considered as qualified to hold a conservation easement shall file an application with the Secretary of the Treasury who shall issue a certificate to such effects to those organizations that meet the requirements established in this section. The Secretary of the Treasury shall establish the procedure to enforce this requirement through regulations or circular letter.
History —Dec. 27, 2001, No. 183, § 8; June 4, 2004, No. 138, § 2; July 12, 2011, No. 127, § 2; Nov. 17, 2015, No. 187, § 73, eff. Jan. 1, 2016.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785f - Rights and obligations—Owner

The owner of a burdened property with a conservation easement shall have the rights and obligations established in the public deed. Such rights and obligations may limit the development or use of a real property, even to include the prohibition of the economic exploitation thereof.
The owner of a burdened real property shall not deteriorate the easement created and shall always have the obligation of diligently supervising its subsistence.
History —Dec. 27, 2001, No. 183, § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785g - Rights and obligations—Holder

The conservation easement holder shall have the rights and obligations established in the public deed and shall have the obligation of diligently supervising his/her compliance with its provisions.
History —Dec. 27, 2001, No. 183, § 10.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785h - Organization and qualification

The conservation easement shall be constituted in a public deed with pertinent registration in the Property Registry. The Department of Natural and Environmental Resources, the Conservation Trust of Puerto Rico, the Department of Agriculture, and the Institute of Puerto Rican Culture shall be required to file the deeds in question with the Property Registry. They may request the donors to pay a reasonable fee for the processing of said donation, and may establish the amount thereof through regulations. Proof of the filing of the public deed with the Registry shall be submitted to the Department of the Treasury for the natural or juridical person that constituted the conservation easement or made the gift to be considered for a tax credit as established in this chapter.
The Property Registrar shall have three (3) months as of the date of the filing to qualify the public deeds filed pursuant to this chapter. The Property Registrar shall notify his determination on or before the date on which the qualification term expires.
The registration or release of the conservation easement shall be exempt from the payment of taxes.
History —Dec. 27, 2001, No. 183, § 11; Nov. 17, 2015, No. 187, § 74, eff. Jan. 1, 2016.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785i - Duration

The conservation easement shall be constituted in perpetuity. The deeds of conservation easements and gifts shall not contain a provision establishing as a condition therefor that an evaluation process for the granting of a tax credit, or that the granting of said credit shall be completed within a period of less than two (2) years. However, when a conservation easement is constituted for a specific term pursuant to the provisions of the Civil Code, the land owner shall not be entitled to the tax benefits herein provided, and the donation shall not be deemed to be unlawful for purposes of § 2373 of Title 31.
History —Dec. 27, 2001, No. 183, § 12; Nov. 17, 2015, No. 187, § 75, eff. Jan. 1, 2016.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785j - Judicial actions and redress

In the event that the responsibilities contained in the deed that constitutes the conservation easement are not met [by the] owner of the easement, the Commonwealth of Puerto Rico and any natural or juridical person who shows an interest in the conservation of the natural resources of Puerto Rico may file a civil action to require its compliance.
If any party fails to comply with its responsibilities and by thus damages the conservation easement, the owner of the easement, the Commonwealth of Puerto Rico and any natural or juridical person who shows an interest in the conservation of the natural resources of Puerto Rico shall be entitled to claim that the land involved be restored to its original state at the expense of the noncomplying party. In the event that it is impossible to restore the land to its original state, the noncomplying party shall be liable to pay a sum of money that could be up to three times the value of the easement to the owner of record.
The owner of record, the Commonwealth of Puerto Rico and any natural or juridical person, that show an interest in protecting the natural resources of Puerto Rico, may claim the payment or compensation from the noncomplying party for any expense incurred when assuming or exacting the obligations provided in the public deed.
History —Dec. 27, 2001, No. 183, § 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785k - Extinguishment

(a) The conservation easement is extinguished when the lots are in such state that it would be impossible to enjoy the easement.
(b) Tax benefits granted under this chapter shall cease upon the extinguishment of the easement or, although not extinguished, upon amendment thereof to the extent that such amendment impairs the achievement of the objectives of this chapter.
History —Dec. 27, 2001, No. 183, § 14; Aug. 9, 2008, No. 238, § 1; July 12, 2011, No. 127, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785l - Exception

None of the provisions of this chapter shall be construed to limit the establishing of conservation trusts among private parties.
History —Dec. 27, 2001, No. 183, § 15.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785m-2 - Application of the Puerto Rico Internal Revenue Code of 2011, or any successor law

The Puerto Rico Internal Revenue Code of 2011, or any successor law shall apply as a supplement to this chapter.
History —Jan. 1, 2016, No. 187, § 78.