Fly Fishing

Public Water Regime

Home 24.08.2023

The articles of the Civil and Commercial Code of the Argentine Republic that are transcribed below as pertinent, establish the nature of public goods and regulate the use of environments in which sport fishing is practiced.

ARTICLE 235.- Assets belonging to the public domain. They are assets belonging to the public domain, except as provided by special laws:… 2º. inland waters, bays, gulfs, inlets, ports, anchorages and maritime beaches; Sea beaches are understood to be the portion of land that the tides bathe and vacate during the highest and lowest normal tides, and their continuation up to the corresponding distance in accordance with the special national or local legislation applicable in each case; 3rd. rivers, estuaries, streams and other waters that flow through natural channels, lakes and navigable lagoons, glaciers and the periglacial environment and all other water that has or acquires the ability to satisfy uses of general interest, including groundwater, without prejudice to the regular exercise of the right of the owner of the farm to extract groundwater to the extent of his interest and subject to local provisions. A river is understood as the water, the beaches and the bed through which it flows, delimited by the bank line that sets the average of the maximum ordinary floods. By lake or lagoon is understood the water, its beaches and its bed, respectively, delimited in the same way as the rivers; 4º. The islands formed or that are formed in the territorial sea, the exclusive economic zone, the continental platform or in all kinds of rivers, estuaries, streams, or in lakes or navigable lagoons, except those belonging to individuals; …

ARTICLE 237.- Determination and characteristics of the things of the State. Use and enjoy. The public assets of the State are inalienable, unseizable and imprescriptible. People have their use and enjoyment, subject to general and local provisions. The National Constitution, federal legislation and local public law determine the national, provincial or municipal character of the goods listed in the two articles 235 and 236.

ARTICLE 239.- Private waters. The waters that arise in the lands of individuals belong to their owners, who can freely use them, as long as they do not form a natural course. Private waters are subject to the control and restrictions established by the enforcement authority in the public interest. No one can use private waters to the detriment of third parties or to a greater extent than his right. The public domain if watercourses are natural waterways. Private individuals must not alter these watercourses. The use by any title of public waters, or works built for common utility or comfort, does not make them lose the character of public property of the State, inalienable and imprescriptible. The fact of running the water courses through the lower land does not give the owners of these any right.