Water rights in Chile are separate from land titles — and they're arguably more valuable. This guide explains how they work, why they matter, and how to ensure your Patagonian land comes with proper water access.
The Most Overlooked Asset in Patagonian Land
When most foreign buyers think about purchasing land in Chilean Patagonia, they focus on the view, the trees, the size. What many don't initially realize is that water rights in Chile are a separate legal asset from the land itself.
This isn't a technicality — it's fundamental. Understanding water rights is essential to buying Patagonian land intelligently.
How Chilean Water Law Works
Chile's Water Code (Código de Aguas, modified significantly in 2022) establishes that water flowing through rivers, streams, and underground aquifers belongs to the State. Individuals and companies can hold derechos de aprovechamiento de aguas — water use rights — but they don't own the water itself.
These rights are:
This creates a unique situation: a landowner might own 10 beautiful hectares along a river but have no right to use that water if the water rights have been sold separately or remain with a previous owner.
Types of Water Rights
Consumptive Rights (*Derechos Consuntivos*)
The most common type. Allows the holder to permanently consume the water — for irrigation, drinking water, livestock, or any other use. Once used, the water doesn't need to be returned to the source.
Best for: Farming, domestic use, livestock, building water supply
Non-Consumptive Rights (*Derechos No Consuntivos*)
The holder can use the water (for hydroelectric generation, for example) but must return it to the same watercourse after use.
Best for: Micro-hydro power generation, aquaculture
Permanent vs. Contingent Rights
For residential and eco-retreat purposes, you want consumptive, permanent rights.
Why Water Rights Matter for Patagonian Land Buyers
1. Building Your Home
Any permanent structure requires a potable water source. If water rights aren't included (or aren't attached to a well or spring on the property), connecting to a water supply can be complicated or expensive.
2. Irrigation and Agriculture
Even small-scale organic gardening or orchard planting requires water access. Without rights, you may be technically prohibited from drawing from the river that runs through your property.
3. Eco-Lodge Development
Guests need showers, sinks, and potentially hot tubs or pools. A tourism operation without secure water rights is building on unstable ground.
4. Carbon Credit Projects
Some carbon standard verifiers require evidence of water rights and their management as part of environmental impact assessments.
5. Property Value
Land with verified, registered water rights is worth 20–40% more than equivalent land without them. This premium compounds as water scarcity increases globally.
What to Ask Before Buying
Before making any offer on Patagonian land, your due diligence should include:
1. Are water rights included in the sale?
Get this confirmed in writing in the sale agreement. Don't assume that a river running through the property means you have rights to use it.
2. Are the rights registered at the DGA?
Your attorney should verify the registration in the DGA's national database (Registro de Derechos de Aprovechamiento de Aguas). Unregistered rights are legally uncertain.
3. What is the allocated volume?
Rights are measured in liters per second (l/s) or equivalent units. Know exactly how much water you're entitled to draw.
4. Are there other right-holders on the same watercourse?
A river may have multiple rights registered to different parties. Understanding the full picture of who has rights upstream and downstream matters.
5. Is there a natural spring or well?
Some Patagonian plots have springs that don't require river rights — water simply emerges from the ground. These are excellent for self-sufficiency and typically easier to formalize.
Registering New Water Rights
If a plot you're interested in doesn't have registered rights but has clear water access (a stream, river, or spring), it may be possible to apply to the DGA for new rights. The process:
Timeline: 6–24 months for new rights applications. This is best handled by a local attorney with DGA experience.
The 2022 Water Law Reform
Chile's 2022 constitutional reform process prompted significant amendments to the Water Code. Key changes:
For buyers: This reform doesn't affect existing, properly registered rights. It primarily affects new applications and reinforces the importance of buying land with pre-existing, registered rights.
Our Commitment to Water
Every property we present includes a clear statement of water rights status: whether they're registered, what type, what volume, and whether they're included in the sale price. We will never present a property as "complete" without water certainty.
Water is Patagonia's greatest natural asset. We treat it that way.
[Ask About Water Rights on Specific Properties →](/contact)
