An amendment to the Climate Change and Energy Transition Law, currently being processed in the Canary Islands Parliament, aims to address a key demand from owners of water wells and galleries. This initiative seeks to extend the validity of acquired rights over public waters, which were set to expire in 2040 according to the 1990 Water Law, thereby avoiding the compulsory purchase or expropriation of these private water sources.
The legislation primarily affects islands such as Tenerife, La Palma, and La Gomera, where wells and galleries are vital for water supply. This contrasts with Gran Canaria, which prioritizes irrigation, and Lanzarote and Fuerteventura, where desalination is more prevalent. The 1990 law stipulated that, from 2040 onwards, pre-existing private water abstractions would become public property, necessitating expropriation and compensation procedures.
This legislative modification follows the failure of an initial attempt to extend these rights through the Cabildos Law. The political groups supporting the regional government, including CC, PP, ASG, and AHI, have championed this new approach. Blanca Pérez, the insular minister for Environment and Sustainability, had previously highlighted the importance of supporting the water sector to prevent supply issues in Tenerife.
The dispute over public water control in the Canary Islands dates back to the 1987 Water Law, promoted by the government of Jerónimo Saavedra. That law aimed to subject aquifers and galleries to greater administrative control and to bring transparency to the water market, which had historically been largely privately managed through traditional institutions like heredades and water communities. The private sector's reaction was significant, leading to incidents within the Parliament.
Subsequently, in 1990, a new law was enacted. While maintaining the public interest and planning, it sought a negotiated solution by acknowledging the economic value of historical rights and strengthening the role of the island councils (cabildos). The current amendment intends to resolve this long-standing dispute, which has shaped the complexity of water management in the Archipelago for decades.
