Explanation of Article 705
The article refers to a specific provision concerning the right of irrigation, which is when a person creates a canal or watercourse on land adjacent to their own with the permission of the owner of the adjacent land or with the permission of the public authority, for the purpose of irrigating their land. No one other than the creator of this canal or watercourse has the right to benefit from it; they alone are the rightful owner because the water reaches their land through their actions and not due to the nature of the land or its elevation compared to other lands.
The article exempts two cases from the rule it established:
- The first case: The permission of the rightful owner for others to benefit from it, which can be explicit or implicit, as indicated by evidence that the rightful owner allowed the owner of the land through which the watercourse passes to benefit from it in exchange for the rightful owner benefiting from the passage of the watercourse through their land. The expenses for using the right of irrigation in this case are shared between the parties in proportion to the benefit each receives, as stipulated in paragraph (3) of Article (712).
- The second case: The existence of a specific legal provision allowing others to benefit from this right; the provisions of that specific text are applied.
Related To
Article 705
If a person is authorized to create a channel or watercourse to irrigate his land, no person may use such channel or watercourse except with his consent or in accordance with legal provisions.