Article 502.
The following are of public banks and floodgates shall be considered as
dominion:
(1) Rivers and their natural beds;
(2) Continuous or intermittent waters of
springs and brooks running in their natural
beds and the beds themselves;
(3) Waters rising continuously or intermittently
on lands of public dominion;
(4) Lakes and lagoons formed by Nature on
public lands, and their beds;
(5) Rain waters running through ravines or
sand beds, which are also of public dominion;
(6) Subterranean waters on public lands;
(7) Waters found within the zone of operation
of public works, even if constructed by a
contractor;
(8) Waters rising continuously or intermittently
on lands belonging to private persons, to the
State, to a province, or to a city or a
municipality from the moment they leave such
lands;
(9) The waste waters of fountains, sewers and
public establishments. (407)
Public waters are for the use of the general
publice hence no one may monopolize its use.
ESTEROS are of public dominion, and are,
therefore, non registerable.
A STREAM located within private land is still
PUBLIC DOMINION even if the Torrens Titlt eof
the land does not show the existence of said
stream.
Article 503. The following are of private
ownership:
(1) Continuous or intermittent waters rising on
lands of private ownership, while running
through the same;
(2) Lakes and lagoons, and their beds, formed
by Nature on such lands;
(3) Subterranean waters found on the same;
(4) Rain waters falling on said lands, as long
as they remain within the boundaries;
(5) The beds of flowing waters, continuous or
intermittent, formed by rain water, and those
of brooks, crossing lands which are not of
public dominion.
In every drain or aqueduct, the water, bed,
an integral part of the land of building for
which the waters are intended. The owners of
lands, through which or along the boundaries
of which the aqueduct passes, cannot claim
ownership over it, or any right to the use of its
bed or banks, unless the claim is based on
titles of ownership specifying the right or
ownership claimed.
ALL WATER belong to the state, however, there
can be PRIVATE WATER or existing water rights
only when it was owned prior to the
Constitution.
SECTION 2
The Use of Public Waters
Article 504. The use of public waters is
acquired:
(1) By administrative concession;
(2) By prescription for ten years.
The extent of the rights and obligations of the
use shall be that established, in the first case,
by the terms of the concession, and, in the
second case, by the manner and form in
which the waters have been used. (409a)
If acquired by administrative concession- the
terms of the concession
If acquired by prescription for ten years- the
manner and form of using the waters.
In obtaining a concession, the order of
preference is as follows:
1. The FIRST TO APPROPRIATE is given a
better right to ask for a concession
2. When the claimants appropriated at the
same time, preference is given ina
ccordance with the USE INTENDED in
this order:
a. Domestic use
b. Agricultural use
 c. Industrial use
d. Fishponds
e. Mining uses
NOTE: Property of public dominion may not be
acquired by prescription, however, this article is
an exception in so far as their use is concerned.
Article 505. Every concession for the use of
waters is understood to be without prejudice
to third persons.
The terms of concession should jeopardize vest
rights. This is true, even if the injury is only
expected and not yet actual.
Article 506. The right to make use of public
waters is extinguished by the lapse of the
concession and by non-user for five years
NON-USER is total or partial abandonment.
Partial abandonment results in a lawful use only
of that part not yet abandoned. Fortuitous
events excuse non-users.
SECTION 3
The Use of Waters of Private Ownership
Article 507. The owner of a piece of land on
which a spring or brook rises, be it continuous
or intermittent, may use its waters while they
run through the same, but after the waters
leave the land they shall become public,
and their use shall be governed by the Special
Law of Waters of August 3, 1866, and by the
Irrigation Law.
Article 508. The private ownership of the
beds of rain waters does not give a right to
make works or constructions which may
change their course to the damage of third
persons, or whose destruction, by the force of
floods, may cause such damage.
Article 509. No one may enter private
property to search waters or make use of
them without permission from the owners,
except as provided by the Mining Law.
Afkarz
Article 510. The ownership which the
proprietor of a piece of land has over the
waters rising thereon does not prejudice the
rights which the owners of lower estates may
have legally acquired to the use thereof.
Basta must not prejudice vested rights as they
are protected by the law.
Article 511. Every owner of a piece of land
has the right to construct within his property,
reservoirs for rain waters, provided he causes
no damage to the public or to third persons
SECTION 4
Subterranean Waters
Article 512. Only the owner of a piece of land,
or another person with his permission, may
make explorations thereon for subterranean
waters, except as provided by the Mining Law.
Explorations for subterranean waters on lands
of public dominion may be made only with the
permission of the administrative authorities.
Regarding the public lot, one should request
permission from the proper administrative
authorities.
Article 513. Waters artificially brought forth in
accordance with the Special Law of Waters of
August 3, 1866, belong to the person who
brought them up. (418)
Example is a WELL.
No well may be dug within mining property
unless indemnity is given
Article 514. When the owner of waters
artificially brought to the surface abandons
them to their natural course, they shall
become of public dominion.
 SECTION 5 CHAPTER 2
General Provisions Minerals

Article 515. The owner of a piece of land on
which there are defensive works to check
waters, or on which, due to a change of their
course, it may be necessary to reconstruct
such works, shall be obliged, at his election,
either to make the necessary repairs or
construction himself, or to permit them to be
done, without damage to him, by the owners
of the lands which suffer or are clearly
exposed to suffer injury.
The cose of the repair will be borned by those
who would be benefited. No damage must be
caused on the owner of a piece of land.
Alternatives are EXCLUSIVE.
Article 516. The provisions of the preceding
article are applicable to the case in which it
may be necessary to clear a piece of land of
matter, whose accumulation or fall may
obstruct the course of the waters, to the
damage or peril of third persons.
Article 519. Mining claims and rights and
other matters concerning minerals and
mineral lands are governed by special laws.
MINERALS are inorganic elements or
substances found in nature whether in a
gaseous, liquid, or solidified stage. Excluded
are the soil, ordinary earth, sand, stone and
gravel.
If a person is involved in a mining dispute, he
must first go to the administrative authorities
before seeking a judicial remedy of any kind.
Even if the minerals are on privater lands, still
it is owned by the State because the
ownership of mines, from their very nature,
should not depend upon the ownership of the
soil.

Same with Art 515 but this time is the

clearance of a dangerous matter.

Article 517. All the owners who participate in

the benefits arising from the works referred to
in the two preceding articles, shall be obliged
to contribute to the expenses of construction
in proportion to their respective interests.
Those who by their fault may have caused the
damage shall be liable for the expenses.

NOTE the proportionate contribution

Article 518. All matters not expressly

determined by the provisions of this Chapter
shall be governed by the Special Law of
Waters of August 3, 1866, and by the
Irrigation Law.

In case of conflict, the civil code prevails.