Countries › Colombia › Guide › 11. Real estate and land › Water rights in Colombia: water is public, use needs a concession from the environmental authority, terms of up to 10 or 50 years, extension in the last year and the order of priorities

Water rights in Colombia: water is public, use needs a concession from the environmental authority, terms of up to 10 or 50 years, extension in the last year and the order of priorities

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

Water in Colombia is a public good that cannot be sold or acquired by prescription, and owning land does not give a right to use its water beyond uses granted by law. Using water needs a concession from the regional environmental authority, granted for up to 10 years, or up to 50 for public services and works of public interest, extendable if requested in the last year. Concessions follow an order of priorities that puts human consumption first and industry, mining and recreation after.

USD figures use the TRM of COP 3,157.94 per US dollar valid on 27 October 2026, certified by the Superintendencia Financiera and published on the national open data portal (datos.gov.co). UVT amounts use the 2026 UVT of COP 52,374 (DIAN Resolución 000238 de 2025) and minimum wage amounts use the 2026 monthly minimum wage of COP 1,750,905 (Decreto 1469 de 2025). Conversions are for orientation only.

Key facts

Legal status of water	Public, inalienable and imprescriptible textDecreto Ley 2811 de 1974 art. 80, as of 2026-10-27 · in force
Maximum term of an ordinary water concession	10 yearsDecreto 1076 de 2015 art. 2.2.3.2.7.4, as of 2026-10-27 · in force
Maximum term for public service and public interest concessions	50 yearsDecreto 1076 de 2015 art. 2.2.3.2.7.4, as of 2026-10-27 · in force

The rule

1. Without prejudice to private rights acquired under the law, waters are public, inalienable and imprescriptible.Decreto Ley 2811 de 1974 (National Code of Renewable Natural Resources), Art. 80, 1974-12-18 official text · verified 2026-10-27

2. Except under special provisions, water may be used only by virtue of a concession, which depends on the availability of the resource and the needs of the use. The grantor may change concession conditions by reasoned resolution for reasons of public convenience, such as a change in the order of priorities or altered environmental conditions.Decreto Ley 2811 de 1974, Art. 88, 89 and 92, 1974-12-18 official text · verified 2026-10-27

3. Concessions are granted for no more than 10 years, except those for public services or works of public or social interest, which may run up to 50 years. They may be extended unless public convenience requires otherwise, and an extension can be requested only during the last year of the term.Decreto 1076 de 2015 (single regulatory decree of the environment sector), Art. 2.2.3.2.7.4, 2.2.3.2.7.5 and 2.2.3.2.8.4, 2015-05-26 official text · verified 2026-10-27

4. Priority order for granting concessions: human and community consumption; individual domestic needs; community farm uses including aquaculture and fishing; individual farm uses; hydroelectric generation; industry; mining; community recreation; individual recreation.Decreto 1076 de 2015, Art. 2.2.3.2.7.6, 2015-05-26 official text · verified 2026-10-27

5. Anyone wishing to use water beyond uses granted by law must apply to the competent environmental authority, stating the applicant, source, benefiting land, intended use, quantity in litres per second and the capture, conveyance and return systems, among other data.Decreto 1076 de 2015, as amended by Decreto 875 de 2026 art. 3, Art. 2.2.3.2.9.1, 2015-05-26 official text · verified 2026-10-27 · changed: Decreto 875 de 2026 rewrote the concession application article.

Worked example

A foreign investor buys a farm in Meta to grow and process avocados. The land title gives no right to pump from the river beyond uses granted by law, so the investor applies to the regional environmental authority for a concession, stating the flow in litres per second and the capture system (Decreto 1076 de 2015 art. 2.2.3.2.9.1). As an individual farm use it ranks after human consumption and community uses (art. 2.2.3.2.7.6). The concession is for up to 10 years, and the extension request must be filed in its last year (art. 2.2.3.2.7.4 and 2.2.3.2.8.4).

Step by step

1. Check whether the farm already has a water concession and whether it can be transferred with the land; ask the regional authority.
2. If not, apply with flows, uses and works (Decreto 1076 de 2015 art. 2.2.3.2.9.1).
3. Diary the last year of the term to request the extension (art. 2.2.3.2.8.4).
4. Expect stricter conditions in dry periods: the authority may modify concessions for public convenience (Decreto Ley 2811 de 1974 art. 92).

Common traps

Assuming land ownership includes water: water is public and use needs a concession (Decreto Ley 2811 de 1974 art. 80 and 88).
Requesting the extension too early or too late: only during the last year of the term (Decreto 1076 de 2015 art. 2.2.3.2.8.4).
Planning an industrial or mining use where human and farm uses already strain the source: lower priority (art. 2.2.3.2.7.6).

Sources

← Beaches, coastal zones and public land in Colombia: beaches and tidal land cannot be owned, DIMAR maritime concessions and their requirements, the ban on housing on beaches, and public land that cannot be acquired by prescriptionOil, gas, mining, power and telecoms in Colombia: who owns the resources, how titles and licences work, royalties, the extractive surtax and renewable energy incentives →