Everything you need to know to apply for Water Rights in Chile

Water management in Chile is a regulated and technical process that requires applicants to meet various requirements. If you are assessing applying for water rights, it is essential to understand how the procedure works, what legal restrictions apply and what kind of rights you could obtain. Here are the most important aspects:

How to make a formal consultation with the DGA?

Before applying for water rights, it is highly recommended to consult the General Water Directorate (DGA) to determine whether water is available in the area of interest. This can be done formally through the Information and Citizen Care System (SIAC) under the Transparency Act (Act No. 20,285).

Steps for consultation:

1. Enter the Transparency Portal: https://www.portaltransparencia.cl/
2. Enter the Comprehensive Citizen Information and Care System (SIAC): https://siac.mop.gob.cl/
3. Select “Request for Information” and complete the form addressed to the General Water Directorate (DGA).
4. Information to be included:
   • Full name of the applicant.
   • Precise location of the property (commune, UTM coordinates or latitude/longitude).
   • Short description of the objective of the consultation (for example, “consultation on groundwater availability in the aquifer of [area name]”).
   • Relevant attachments such as croquis, photographs and, if possible, a .KMZ or .KML file from Google Earth indicating the property location.
5. Response time: the DGA must deliver a response within a maximum of 20 working days; this can be extended by an additional 10 days in special cases.

You can also request information directly from the regional DGA email:

The Los Lagos Region (example):

dgaloslagos@mop.gov.cl

In the email you should indicate:

• The purpose of your request.
• Location of the land of interest.
• Technical information available (for example, uprisings, croquis, or .kmz/.kml files).

Always clearly identify your query and attach all available documentation to facilitate an accurate response.

Other useful portals:

• Public Water Rights Viewer (to review existing rights): https://visor.dga.cl/visor_dga/
• Official DGA site: https://dga.mop.gob.cl/

Can a KMZ file be delivered from Google Earth?

Yes — it is highly recommended.

A .KMZ (or .KML) file facilitates the exact identification of the property to the DGA, allowing:

• Acceleration of geospatial analysis.
• Minimization of location errors.
• Quick integration into the DGA geographic information systems (GIS).

Although not mandatory, a KMZ/KML file is a highly valued tool in the consultation and subsequent rights application processes.

Important legal restrictions on applying for water rights

When submitting an application for water rights, consider several legal restrictions and technical requirements that may apply to your area.

Minimum distance between captures

• It is usually necessary to respect a minimum distance of 200 metres between wells to avoid hydraulic interference.
• This distance may be modified if a technical study justifies an alternative spacing.

Prohibitions in protected areas

• Rights that affect natural reserves, national parks, protected wetlands and similar areas cannot be granted.

Respect for pre-existing rights

• New rights cannot be granted in a way that is detrimental to holders of prior rights.

Priority in water use

• In the event of shortages, subsistence uses (drinking water and sanitation) have priority over agricultural or industrial uses.

Common Hydraulic Utilization System (SHAC)

• In overexploited aquifers or restricted areas, the DGA may require use of a common well rather than individual wells to protect the aquifer.

What are the types of water rights that can be granted?

Water rights in Chile are classified according to origin, type of use and regime of exercise.

Depending on the origin of the water:

• Surface waters: captured directly from rivers, lakes, lagoons, wetlands.
• Groundwater: extracted by wells or pumping systems.

Depending on the type of use:

• Conjunctive right: allows total consumption of the resource without obligation to return it.
• Non-conjunctive right: requires return of the resource to the same channel after use (used, for example, in hydroelectric projects).

Under the annual regime:

• Permanent and continuous: the right to constant extraction throughout the year.
• Permanent and discontinuous: the right to periodic extraction within the year.
• Eventual: extraction only when surpluses are available after meeting permanent rights.

Below is detailed information on the patent for non-use of water rights in Chile, including obligations, penalties and recent changes.

Patent for Non-Use of Water Rights in Chile: Obligations, Penalties and Recent Changes

Under Chilean law, water rights holders who do not fully or partially use their rights, or who have not built the works necessary for their use, must pay an annual patent for non-use. This measure aims to encourage effective use of water resources and to discourage speculation.

What is the Patent for Non-Use?

The patent for non-use is a tribute payable by holders who have not used their water rights or have not built the works necessary for their use. It is regulated by the Water Code and seeks to promote efficient use of water resources.

Changes introduced by Act No. 21.435 (2022)

Law No. 21.435, published in April 2022, introduced significant amendments to the water rights regime, including the patent for non-use:

• Progressive increase in the amount of the patent: the value grows progressively for each year the right is not used.
• Extinction of rights for non-use: if a right is not used for five consecutive years, the DGA may declare it extinct.

Cobro and Time Process

Each year the DGA publishes in the Official Journal the list of rights affected by the patent for non-use. For the 2025 process, publication took place on 15 January 2025.

• Deadline for appeal: holders have 30 days from publication to submit review appeals if they consider their right was wrongly included.
• Deadline for payment: payment of the patent must be made before 31 March 2025.

Consequences of Non-Payment

If the holder does not pay the patent within the prescribed time limit, the following may occur:

• Judicial recovery: the Treasury of the Republic may initiate judicial proceedings to recover the debt.
• Public sale of the right: the right to use may be sold publicly, with proceeds allocated to the State.
• Extinction of the right: a right unused for five consecutive years may be declared extinguished by the DGA.

Where and How to Pay?

Payment of the patent for non-use is made through the General Treasury of the Republic. Online payment information is available at: https://web.tesoreria.cl/patentes-derechos-de-agua-no-utilizados/

Special Exemptions and Considerations

• Construction works: if it is demonstrated that the works necessary for use are under construction, an exemption may be requested.
• Rights of indigenous communities: case law has recognized exemptions in certain situations for rights acquired by indigenous communities with funds from Indigenous Law.

Recommendations

• Check the annual list: verify each year whether your right is included in the DGA list for patent payment.
• Use your right: if you are not using your water right, consider doing so to avoid the patent and potential extinction.
• Legal advice: if you have doubts or consider your right was wrongly included, seek legal advice to present the corresponding remedies.

For more information and consultation, contact the General Directorate of Water through the SIAC: https://siac.mop.gob.cl/

You can also review the list of rights subject to the patent for non-use on the official DGA site: https://dga.mop.gob.cl/

Requesting water rights in Chile requires preparation, technical information and a clear understanding of current regulations. A formal consultation with the DGA via SIAC or the Transparency Portal, accompanied by appropriate documentation such as KMZ/KML files, is a strategic step that can save time and reduce errors.

At Produncan Lands we are committed to keeping you informed about regulations related to water rights and rural property in Chile. These topics are complex and highly relevant to our clients; we accompany you at every step with clear, up-to-date information from official sources so you can make informed decisions. If you have questions or need personalized advice, do not hesitate to contact us.