Requirements to drill a well

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nikotromus
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Re: Requirements to drill a well

Post by nikotromus » Wed Nov 29, 2017 3:35 pm

So I'll muddy the waters a little more here...

I talked to the lawyer of one of the two developers of land that I'm looking at in Santa Cruz and he told me that you have the right to sink a well on your land for domestic use only. Then I called a different, independent developer clear on the other side of town. He told me the exact same thing. Half of the development he is involved with is sold for orchards and the other half is parceled up into half hectare lots and sold as houses. He sells the orchard land with water rights, but the houses on lots have wells for their domestic use and none of those owners have water rights.

I told the second guy that I couldn't find anything online that specifies this right to drill a well for domestic use. He said if you can't speak Spanish it would be hard to find, but that he will search for it with me tomorrow when I'm out there on the land with him. I'm also going to ask the developer of the first development to ask his lawyer for written evidence of this right.

Admin I'm more inclined to side with you and your argument. If anything in writing is found to either back up or dispel that it, I'll be happy to relay the info.

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Re: Requirements to drill a well

Post by admin » Thu Nov 30, 2017 9:45 am

Hey, we have seen all sorts of convoluted attempts via contracts and so on at doing an end-round the water rights for lots. At the end of the day it comes down to, are you willing to bet land + house costs, on a property without water rights in an area where water is hands-down the most valuable resources around (no water, no wine)?

If your fine with that, great.

People do it all the time down south. In fact, along the coast up north, almost every house is stuck with using tanks, because there simply is no water.

But..., your betting that a change of law does not leave you high and dry, with no water for your house. You can also find yourself when it is time to sell, locked out of about 80% of the market because the banks will often not issue a mortgage without building permits, which means community sanitation permits, which means registered water system, which means registered water rights.

Ask yourself, do you think there is going to be more water or less water in the central region of Chile in 10 years? You also have an ongoing push by the left in Chile to reform the private water rights. That might end-up helping the small property owner, but I would not bet on that.
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Re: Requirements to drill a well

Post by admin » Thu Nov 30, 2017 10:08 am

Here is a case in point, I recently seen.

Outside of Puerto Montt a little ways about 10 -20 km, but still within the municipality, lot of people cut up larger campos and sold lots on the cheap. Typically a few million pesos a parcel. No water or infrastructure with them. Lot's of people bought them. We are probably talking several hundred to several thousand parcels in that area.

Well, the people started complaining to the city that they had no water.

The city came out in the local paper and published full page article, and bluntly told everyone to stop buying those parcels in that area without water because the city could not and will never provide services to that area. They are on their own.

So, like many things in life, you can have a good property or a cheap property; very hard to do both.

Figure, water rights aside, about the going rate on drilling a well is 10 million pesos, mas o menos, assuming you have water under the lot. You can buy a parcel, with a community well, that is plug-n-play to a working water system with an afternoon of plumbing; or, you buy a 5,000 square meter lot and roll the dice that you have a sufficient ground to work with to not come up with all dry holes.

I am fine with buying properties without water rights personally, if there is a good indication there is some water in the area and no one is going to have an issue with me drilling for it. For example, I look to see if the neighbors have a working deep well, there is a creek or lake near by, or just some indication of where the water table is at, and is the water any good there. I would not do it however in the middle of a dessert.

Some family member rented a house a few years back, with a newly drilled well, that pumped out the reddish / orange iron heavy water I have ever seen; and, I come from MN where that pretty much describes most of the wells. The water destroyed the pipes in the house, the washing machine, etc in a few weeks, and they had to haul in water to drink. A few KM one way or the other, and the water is fine, especially if you go deeper. The guys drilling the well went to shallow, and stopped in the middle of a pocked of iron heavy soil (think the owner was being cheap with the well). Needless to say they did not stay there very long.

However, in the santa cruz area, just because there is water, does not mean it is what you want to drink, even if no one challenged you accessing it. Have you seen all those crop dusters at the airports around there? They are not out there for tourist joy rides.
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Re: Requirements to drill a well

Post by admin » Thu Nov 30, 2017 10:24 am

Well, while we are the subject of wells, there is also from time to time the opposite problem.

There is a new house being built down the road from us, at the base of a hill. When I seen them start excavating to build, I just knew they were in for trouble. There is an underground river that runs through the base of the hillside. I know that, because my own community well plugs in to it at around 75 to 100 meters, and I own property on the other side of the hill. Plus, a few friends have lived in houses next to the lot, and their water systems all tapped that river.

They hit that river with the excavators, and it just gushed water like they hit a city water main. Think it is because it is under the hill, that it creates high pressure on that water.

The construction company spent the next three months, and what must have been an easy 30 - 50 million pesos or more, trying to plug and reroute that water flow around the building site. It is not a very big building site (2,000 square meters, not including the hillside). I think they even changed the design of the house to deal with it. Kind of a shame that Chilean architects are not more imaginative, because the house would have looked like frank lloyd wright's "falling rock" house, if they had just routed the water under the house.
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nikotromus
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Re: Requirements to drill a well

Post by nikotromus » Fri Dec 01, 2017 1:34 am

Those are some really good angles to think about. Thank you!

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Rob
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Re: Requirements to drill a well

Post by Rob » Sat Apr 07, 2018 9:54 am

Good to read al this! We have a parcel of 3ha, on that at the moment no water. The parcel next to us has water. When we bought the place we see if we could get the rights to get the water. Because the owner of that parcel made a claime for it many years ago but was not able to pay for it we couldn't claime the water rights. Now it's written down that the water can't be claimed by one person but that it all has to be shared by all who go and live near the waterwell. I think the water is oké for one houshold, but there are cows drinking it too and a new house is being build at the moment. So time to claime water rights on my own property and then look for the water..... or mybe the other way around.

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Rob
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Re: Requirements to drill a well

Post by Rob » Mon Oct 15, 2018 6:35 am

Reading the topic again raised a question. Last time (2008) when we asked for the waterright my brother in law (our personal lawyer) took care of everything. In novebre we are in Paguipulli and my brother in law can't come with us. Now I want to clame the waterright on my parcel. Where do I go (in Panguipulli) to ask and clame the waterrights?

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