The water protection writ in the Chilean judicial practice (2013-2015)

Abstract

This research approaches, from a recent practice, the judicial configuration of the water rights in Chile, especially the regime of defense of the use of waters and, the access to justice of those who feel affected by administrative bodies or third parties. This work consists of an empirical study concerning the judgments handed down in judicial actions for water protection, in the first instance, between the years 2013-2015, with some judgments of the Superior Courts of Justice. The work reflects on the interpretation that the Courts have given on the requirements of origin of this action, especially to detect in which cases it is accepted and in which cases it is rejected, concluding that they are important differences. For example, when to consider that the facts or works that generates the obstructions are recent or not. The casuistry shows that the action generally serves for problems faced by irrigators. The study also verifies that the action is applied with respect to present or future damages and, therefore, is also a preventive tool of damages.