Explanation of Article 704
The article addresses the right of "shurb" (with a soft "sh"), which refers to the share of water usage for irrigating land, plants, animals, or otherwise. The article establishes that the owner of the higher land has the right to irrigate his land from the natural watercourse that passes through his land; he may retain as much water as he needs according to customary practice, then release the excess water to the lower land that follows, and then to the next, and so on. The owner of the higher land is not entitled to retain more water than he needs from the watercourse; rather, he is obliged to send the excess amount to the lower land that follows, and then to the next, and so on.
Based on what the article establishes, the right of "shurb" is confirmed for the benefit of the lower land under two conditions:
- The first condition: One of the lands must be higher and the other lower, such that the watercourse naturally passes through the first land before the second.
- The second condition: This right pertains to the amount exceeding the needs of the owner of the higher land. However, if the water reaching the higher land from the watercourse is insufficient for his needs according to customary practice, he is not obliged to send any water to the lower land.
Related To
Article 704
The owner of a high land may irrigate his land from natural drainage to the extent of his needs as accepted by custom. Said owner shall thereafter allow the water to flow to lower land.