Countries › Brazil › Guide › 11. Real estate and land › Water rights in Brazil: water is public, use permits (outorga) of up to 35 years, charging for use and penalties up to R$50 million

Water rights in Brazil: water is public, use permits (outorga) of up to 35 years, charging for use and penalties up to R$50 million

Last verified: 2026-10-27 · Status: Stable

Owning land in Brazil does not give ownership of the water on or under it: water is a public good belonging to the Union or the states, and significant uses, such as abstracting surface or groundwater, discharging effluent or building hydro plants, need a use permit (outorga) from the federal or state authority, granted for up to 35 years and renewable. Permitted uses can be charged for, permits can be suspended for non use over three years or in shortages, and unauthorized use or wells can draw fines from R$100 to R$50 million plus embargo.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. Conversions are for orientation only.

Key facts

Ownership of water	Public good of the Union or states; land ownership gives no water ownership Lei nº 9.433/1997 arts. 1 and 18, as of 2026-10-27 · in force
Maximum term of a water use permit	35 yearsLei nº 9.433/1997 art. 16, as of 2026-10-27 · in force
Consecutive years of non use that allow suspension of a permit	3 yearsLei nº 9.433/1997 art. 15 II, as of 2026-10-27 · in force
Maximum fine for water use infractions	50000000 BRLLei nº 9.433/1997 art. 50 II, as of 2026-10-27 · in force

The rule

1. Water is public. Water is a public good, a limited natural resource with economic value; in shortages, human consumption and livestock watering have priority. Lakes, rivers and streams on Union land, crossing more than one state or bordering other countries belong to the Union; other surface and groundwater belongs to the states.
Cost to do it: No purchase of water is possible; only a use right through the permit.Lei nº 9.433 of 8 January 1997 (National Water Resources Policy) art. 1; Constituição Federal arts. 20 III and 26 I, Lei nº 9.433 art. 1 I to III; CF art. 20 III; CF art. 26 I, 1997-01-08 official text · verified 2026-10-27

2. Uses that need a permit. A permit is required to divert or abstract water from a water body for final consumption, public supply or production input; to extract groundwater from an aquifer; to discharge sewage and other effluents; to use hydroelectric potential; and for other uses that alter the regime, quantity or quality of water. Uses for small rural communities and insignificant abstractions, discharges and storage, as defined in regulations, need no permit. Permits are granted by the federal executive or the states, and the Union may delegate its waters to the states.
Cost to do it: Application costs and technical studies under federal or state rules; insignificant use thresholds vary by state.Lei nº 9.433 of 1997, Art. 12 caput and § 1; art. 14 caput and § 1, 1997-01-08 official text · verified 2026-10-27

3. Term, nature and suspension. A permit lasts no more than 35 years and is renewable. It grants a use right only and does not transfer ownership of the water, which is inalienable. It can be suspended in part or in whole if its terms are breached, if the water is not used for three consecutive years, in calamities, to prevent serious environmental degradation, for priority collective uses without alternative sources or to keep navigability.
Cost to do it: Idle permits risk suspension after three years without use.Lei nº 9.433 of 1997, Arts. 15, 16 and 18, 1997-01-08 official text · verified 2026-10-27

4. Charging and penalties. Uses subject to a permit are charged for, to signal the real value of water, encourage rational use and fund basin plans. Using water or drilling or operating wells without a permit, or breaching permit conditions, is an infraction punishable by written warning, a simple or daily fine of R$100 to R$50,000,000 in proportion to gravity, provisional embargo or definitive embargo with revocation of the permit and sealing of wells. When the infraction harms public water supply, health or third parties, the fine is never less than half the maximum.
Cost to do it: Charges set by basin committees; fines up to R$50,000,000.
Example: Maximum fine R$50,000,000; minimum for harm to public supply R$25,000,000. / About US$9,372,774 and US$4,686,387.Lei nº 9.433 of 1997, art. 50 as worded by Lei nº 14.066 of 30 September 2020, Arts. 19, 20, 49 and 50 I to IV and § 1, 2020-09-30 official text · verified 2026-10-27

Worked example

Irrigation project. A farm buyer plans center pivot irrigation from a river that crosses two states, so the water belongs to the Union (CF art. 20 III) and the permit comes from the federal authority unless delegated (Lei nº 9.433 art. 14). The permit, for up to 35 years (art. 16), should be in hand before investing in pivots; abstracting without it risks fines up to R$50,000,000 (about US$9,372,774) and embargo (art. 50).

Step by step

1. Identify whether the water body or aquifer is federal or state.
2. Check whether existing permits are attached to the property and their terms, volumes and expiry.
3. Apply for new or amended permits before building intake works or wells.
4. Use the water consistently, since three years of non use allow suspension (art. 15 II).

Common traps

Assuming the seller's permit transfers automatically. Check the authority's rules for transfer of permits on a sale.
Drilling wells without authorization. It is an infraction and can lead to sealing (arts. 49 V and 50 IV).
Ignoring shortage rules. Permits can be suspended for priority uses (art. 15 III and V).

Sources

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