Mediterranean Homes, a distinguished and reputable real estate agency in the region, excels as a specialist in rural property transactions throughout Spain. Their team of seasoned agents is well-equipped to expertly navigate clients through the complex process of buying or selling a property in the Spanish countryside. With an in-depth understanding of the area, especially the sought-after Guadalhorce Valley region of Spain, Mediterranean Homes are proficient in best practices, local regulations, and the latest market trends and prices for regional properties. 

Spain's critical water situation has tightened regulations for drilling wells, particularly in the drought-affected south. Many property owners are unaware of the legal requirements, and drilling without permission carries steep fines.

How to install a water well on your property in the south of Spain

1. Initial Feasibility Check

• Before any drilling, consult a specialized company to assess if drilling a well is possible for your location.
• Cost: Approx. €150.
• Recommendation: There are several companies based in southern Spain that can provide this service. They will evaluate the property and review simple documentation to determine feasibility. 

2. Required Permissions

• Drilling Authorization: Needed to legally drill the well.
• Water Extraction Permit: Issued by the Junta de Andalucía, allowing water to be extracted after the well is drilled.
• Processing time for these permits can range from six months to a year (on average), and total documentation costs around €1,000.
  
  

3. Finding Water Sources

• Local specialists, often referred to as zahuríes or dowsers, use tools and personal sensitivity to detect underground water sources and estimate depth. 
• Cost: Approx. €200 for an assessment.

Mediterranean Home have contacts for reputable local zahuríes.

4. Drilling Process and Costs

• After obtaining drilling permission, hire a certified drilling company.
• Cost: Around €58 per meter drilled, typically using plastic piping for the well construction.

By following these steps and securing the necessary permits, property owners can ensure compliance and avoid legal issues while securing water resources.

The map displayed outlines three distinct zones that determine the feasibility of drilling a well: 

1. Red Zone: No well drilling permitted for either residential or agricultural use. 

2. Green Zone: Well drilling is allowed. 

3. Unmarked Areas: These regions require evaluation by a specialized company to determine well-drilling eligibility. In this specific area, one of the key requirements for well drilling is maintaining a minimum distance of 100 meters away from existing wells. Depending on the exact location, any new well must be drilled at least 100 meters deep and other restrictions may apply.

Specific regulations apply to all areas, including a minimum required distance of 100 meters from any existing well, riverbed or stream, depending on the property's location. Additional criteria may also be considered based on local guidelines. 

Alternative Water Solution for Properties without Mains Water or Wells

If a property lacks mains water access and cannot legally have a well drilled, the primary alternative is to use water delivery services. In this arrangement: 

- Water Truck Delivery: Several local companies deliver water, with charges covering only transport costs, as the water itself is free. 

- Cost: Transport fees for approximately 10,000 litres range from €90 to €130, depending on the provider. 

This option ensures a reliable water supply for properties where well drilling is not feasible. We can provide contacts for trusted water delivery companies serving the area.

Summary of Well Drilling and Legal Requirements in Southern Spain

Our Step by Step Guide to Drill a Well

Obtaining permission to drill a well in Spain involves several steps and requires compliance with local regulations. Below is an expanded, step-by-step guide that outlines the process in more detail.

 Step 1: Initial Legal Assessment

1. Contact Minera Mara SL: Reach out to this company or the appropriate local authority responsible for groundwater management in your area. This is crucial to determine whether you can legally drill a well on your property.

- Cost: Approximately €150 for the initial check.

- Response: Minera Mara SL will provide you with information regarding the laws and regulations applicable to your property and whether drilling is permitted.

Step 2: Consultation with a Dowser (Zaharie)

2. Hire a Dowser: If you receive positive feedback from Minera Mara SL, your next step is to engage a professional dowser (Zaharie) to assess the location of groundwater on your property.

- Cost: Approximately €200 for the inspection.

- Services: The dowser will conduct a site visit to determine the location of underground water. This is often done using traditional methods such as pendulums or dowsing rods.

Step 3: Confirm the Water Location

3. Determine Water Presence: After the dowsing inspection, you should receive a report indicating where the groundwater is located on your plot.

- Documentation: Ensure you get a written report from the dowser. This will be important for the next steps in the application process.

Step 4: Initiate the Permit/License Process

4. Request Minera Mara SL to Start Permit Process: With the dowser's report and the initial verbal approval from Minera Mara SL in hand, you can formally request them to begin the permit/license process.

- Cost: Approximately €1,000, which covers the preparation of the project, application fees, and administrative costs.

- Documentation Required: Be prepared to submit various documents, including property deeds, the dowser's report, and other environmental assessments.

Step 5: Application and Approval Process

5. Submit Application: Once all documentation is ready, Minera Mara SL will submit your application to the relevant authorities.

- Timeline: Expect this process to take between 12 to 24 months. Delays can occur due to bureaucratic procedures or the need for additional information.

- Follow-Up: Stay in regular contact with Minera Mara SL for updates on your application status. You may also need to respond to requests for further documentation or clarification.

Step 6: Approval and Drilling

6. Receive Permit Approval: Once your application is approved, you will receive official permission to drill your well.

- Conditions: There may be conditions attached to your permit, such as limits on the amount of water you can extract or requirements for monitoring groundwater levels.

Step 7: Hiring a Drilling Contractor

7. Choose a Drilling Contractor: Research and hire a licensed drilling contractor who is experienced in water well drilling.

- Contracts: Ensure you review the contractor's credentials, insurance, and references.

Step 8: Drilling and Compliance

8. Drill the Well: Proceed with drilling as per the terms of your permit.

- **Compliance**: Ensure ongoing compliance with any regulations outlined in your permit, including inspections or reports required by your local water authority.

Step 9: Water Quality Testing and Usage

9. Test Water Quality: After drilling, have the water assessed for quality and safety.

- Regular Monitoring: Implement a regular monitoring schedule to comply with health and safety regulations, especially if you intend to use the water for drinking.

Step 10: Final Documentation

10. Obtain Final Documents and Keep Records: Once the well is operational, ensure you have all final documents related to the drilling, including compliance records and water quality reports.

Conclusion

By following these steps, you can successfully navigate the process of obtaining permission to drill a well in Spain. It is essential to remain informed about local regulations and maintain communication with the appropriate authorities throughout the entire process.

Legal Aspects of Groundwater Ownership in Spain

Abstract: Spain's 1985 Water Law gave special significance to the Registry and the Catalogue, two legal figures that allowed the co‐existence of public and private groundwater ownership. Twenty years later, the situation of the Catalogue and the Registry is quite deficient. As a consequence, adequate groundwater management in Spain seems extremely difficult. This paper comments on the three main actions taken by the Government since 1985: first, the “Groundwater Registry and Catalogue Update Program” (ARYCA), a 42M€ project of the Ministry of Public Works, the results of which have not lived up to expectations; second, the Transient Disposition of the National Water Plan Law (2001) with regards to the “closure of the inscription period for private wells.” The results of this action are still uncertain; and thirdly, the “Update Program for the Registry and Catalogue Books” (ALBERCA), a 155M€ initiative of the Ministry of the Environment which is yet to be implemented. (Source: Researchgate)