Looking for conflicts: availability and allocation of groundwater rights in chilean jurisprudence

Abstract

The paper offers a systemic approach about groundwater conflicts in Chile, regarding a specific issue: constitution, recognition and adjustment of water rights. This analysis has the purpose of identify the main problems and substantial criteria contained in judgments of superior courts and in opinions from administrative authorities, reviewing the most important decisions of the last four years in this field. Thus, it’s possible to realize that discussion has been focused on the availability of groundwater, highlighting several difficulties related to the exploitation of this increasingly less invisible resource.