Countries › Peru › Guide › 11. Real estate and land › Water rights in Peru: no private ownership of water, ANA licences, permits and authorizations, indefinite but non transferable licences, community rights and water charges

Water rights in Peru: no private ownership of water, ANA licences, permits and authorizations, indefinite but non transferable licences, community rights and water charges

Last verified: 2026-10-28 · Status: Stable

Water in Peru belongs to the Nation and cannot be privately owned, so buying land does not give a right to its water. Apart from primary use, any use needs a right granted by the national water authority (ANA): a licence, a permit or an authorization. A licence covers a set annual volume for a set use and place, lasts as long as the activity, cannot be transferred (an unwanted licence goes back to the State), and holders pay economic charges for use and discharges plus service tariffs.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT based amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026/SUNAT. Conversions are for orientation only.

Key facts

Private ownership of water	Not allowed; water is heritage of the Nation textLey 29338 art. 2, as of 2026-10-28 · in force
Classes of water use rights	Licence, permit, authorization textLey 29338 art. 45, as of 2026-10-28 · in force
Term of a water use licence	Indefinite while the activity continues textLey 29338 art. 50, as of 2026-10-28 · in force
Can a water licence be transferred?	No; it must be returned to the State textLey 29338 art. 50, as of 2026-10-28 · in force

The rule

1. Water is the heritage of the Nation; dominion over it is inalienable and imprescriptible, it is a public use asset, and there is no private property over water.Ley Nº 29338, Ley de Recursos Hídricos (promulgated 30 March 2009), Art. 2, 2009-03-30 official text · verified 2026-10-28

2. To use water, other than primary use, a right of use granted by the water administration with the participation of the basin council is required. Rights are granted, suspended, modified or extinguished by administrative resolution of the national authority. The rights are the licence, the permit and the authorization of use, and interfering with a legitimate use is prohibited.Ley Nº 29338, Art. 44, art. 45 and art. 46, 2009-03-30 official text · verified 2026-10-28

3. A water licence lets its holder use water for a specific purpose and place, on the terms of the law and of the resolution granting it; it may be for consumptive or non consumptive use.Ley Nº 29338, Art. 47 and art. 48, 2009-03-30 official text · verified 2026-10-28

4. A licence gives its holder the right to use and register an annual volume in cubic metres from a source; it lasts indefinitely while the activity for which it was granted continues, is tied to that purpose, allows the easements in the law, and is not transferable: a holder who no longer wants it must return it to the State through the national authority.Ley Nº 29338, Art. 50, 2009-03-30 official text · verified 2026-10-28

5. Peasant and native communities have an imprescriptible and prevailing right to use the waters on or flowing through their land and in the basins where they rise, exercised under their ancestral customs.Ley Nº 29338, Art. 64, 2009-03-30 official text · verified 2026-10-28

6. Holders of water rights must pay an economic charge for water use, a charge for discharging wastewater, tariffs for distribution in sector uses and for using major and minor hydraulic infrastructure, and a tariff for groundwater monitoring and management; the regulation sets when and how often they are paid.Ley Nº 29338, Art. 90, 2009-03-30 official text · verified 2026-10-28

Right	What it gives	Article
Primary use	No right needed	Art. 44
Licence	Annual volume for a set purpose and place, indefinite while the activity lasts, not transferable	Art. 47 to 50
Permit	Listed as a class of right	Art. 45
Authorization	Listed as a class of right	Art. 45

Water use rights under Ley 29338

Worked example

A buyer acquires a 200 hectare irrigated farm in Ica. The farm's title does not carry the water: the irrigation relies on an ANA licence tied to that land and use. Since licences are not transferable, the buyer must make sure the licence situation is regularized with ANA for the new owner as part of closing, and should price the deal on that outcome.

Step by step

In due diligence, ask for the ANA resolutions granting each water right on the property, the annual volume and the use.
Check payment of water charges and tariffs and any pending sanctions.
Plan the regulatory step with ANA for the new holder before closing, since the licence cannot simply be assigned with the land.
Check community water claims in the basin, which prevail under the law.

Common traps

The land price often reflects water that is not legally part of the land.
Using water beyond the licensed volume or for another purpose is not covered by the licence.
This page cites the 2009 text of Ley 29338 published on gob.pe; some articles have since been amended, so check the current text with ANA for specific procedures.

Sources

Ley Nº 29338, Ley de Recursos Hídricos (gob.pe)

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