section 436
Sharing of waters amongst adjoining properties
The Portuguese Civil Code, 1867When the watercourses pass through two or more properties, the use of the waters shall be regulated in the following manner: § 1 - Where the water is in excess, each of the owners or possessors of the properties adjacent to the watercourse on both the sides, may use the portion of the water which he deems fit. § 2 - Where the water is not in excess, each of the owners or possessors of the properties fronting the same, shall have right to use one part of the waters, proportionate to the extent and needs of his property. § 3 - Each of the owners or possessors of the properties, referred to in preceding paragraph, may tap the portion of water which he is entitled to from any of the points of his border line, without the other, on the pretext of tapping it from a higher level, being allowed to deprive him of such portion, in full or in part. § 4 - To the exit of the remaining waters, if there are any, the provisions of article 434 shall apply.
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