Who owns the water in Costa Rica, and what is needed to drill a well (Water Law)

The Water Law (Ley N.º 276, from 1942, still in force with reforms) is the base law that defines who owns the water in Costa Rica — something that surprises many people who assume that, because it is on their land, the water is automatically theirs to use freely.

Waters of public domain (Articulo 1) — belong to the State, not to whoever owns the land: the sea, rivers and their tributaries from where they are born to their mouth, lakes and lagoons connected to permanent currents, and groundwater that is NOT obtained by means of wells (for example, a spring that flows naturally on public land).

Waters of private domain (Articulo 4) — belong to the owner of the land: rainwater while it runs across your property (you can build tanks or cisterns to store it), lagoons or puddles formed entirely within your land, and — the most consulted case — **the groundwater that the owner obtains from their own land by means of a well**.

Watch out for this practical distinction: that the law considers the water from your well as "private domain" does not mean you can drill and use it without any procedure. In current practice, regulated by regulations subsequent to this law (under the charge of the Dirección de Aguas of the MINAE):

• **Artisanal well for domestic use, on the same farm where the well is located**: it does not need a formal concession, but you do have to **register** the usage — a literal certification of property ownership of the land (issued less than 3 months ago) and a registered map where the well is marked are requested.
• **Any other use** (commercial, tourist, irrigation on a larger scale, industrial, agro-industrial, electricity generation, population supply): it is necessary to request a **water concession** before the Dirección de Aguas — it is a more complete procedure, not just a registration.

Note: this sheet summarizes the general framework of water ownership and the most consulted domestic-vs-concession criteria. The exact requirements of the registration or concession procedure (forms, deadlines, technical studies according to volume) are defined by the Dirección de Aguas of the MINAE — confirm there before drilling, since an unregistered well can generate sanctions even if the water itself is legally yours once extracted.