In Spain, 1,000-year-old

court settles water disputes


Representative image.Representative image.













VALENCIA (SPAIN): Eight men in black robes, sitting in a 
circle on chairs in the street outside a cathedral look on, 
stony-faced, as a bailiff calls the accused.
They form the 
Water Court of Valencia, a millennial institution in Spain.

In just a few minutes and without any paperwork, 
this tribunal settles irrigation conflicts that erupt in the
 fertile plain that surrounds Valencia, Spain's third largest city, 
a Mediterranean region of orchards.

UN cultural body UNESCO has included the court — 
which bills itself as "the oldest institution of justice in 
existence in Europe" — on its list celebrating the world's
 "intangible cultural heritage" which deserves protection.

The tribunal's existence dates back at least to the 10th
 century when this region was ruled by Muslims and the 
Gothic cathedral where the tribunal meets today was a mosque.

It deals with cases of stolen water, a precious resource
 in drought-prone Spain, or disagreements over the
 interpretation of rules managing the irrigation system.

Disputes can happen at any time of the year but they
 are more frequent during droughts when special rules
 governing irrigation are imposed and "supervision
 is enforced to control the availability of water,"
 said historian Daniel Sala, an expert on the Water Court.

One recent case was brought forward by Vicent Marti,
 who has operated an ecological farm for over 30 years.

He turned to the tribunal after noticing that the 
water arriving at his farm was polluted with traces of 
cement and paint thrown into the irrigation system by 
workers renovating a neighbour's house.

After hearing both sides, and a brief debate among
 the tribunal members, the president of the court announced
 that Marti's neighbour was at fault.

Following tradition, he indicated his acceptance of the
 ruling by saying "correct" and was later fined
 2,000 euros ($2,285).

"I felt bad reporting it because we are neighbours, 
but I did not have much choice," Marti told AFP.

His farm produces ecological produce, which is subject
 to strict quality controls, and the "survival" of his business 
was at stake, he added.

The court in its current form is made up of eight members,
 all of them men, who are elected by the roughly 
10,000 farmers who use the irrigation system set up in
the plains around Valencia.

Each member of the tribunal represents one of 
Valencia's eight communities of irrigators, known as
 "acequias", which grow vegetables and tubers, such as tiger
 nuts that are pounded to make horchata, a popular Spanish drink.

The court meets every Thursday at noon outside the
 Door of the Apostles of Valencia's cathedral, which houses 
a gold chalice said to be the one used by Jesus at the Last Supper.

Its members wear a black robe similar to those used 
by judges but that only goes down to their waists.

The proceedings, which are watched by a crowd of locals 
and tourists, are carried out in Valencian, the local language.

All decisions are final and cannot be appealed. 
The tribunal's rulings "have been respected by dictators, 
presidents, kings, everybody," said Sala.

Two factors are threatening farming on the plains of 
Valencia -- and by extension the survival of the tribunal: 
the reduction in the amount of land that is farmed due to
 urbanisation and the ageing of the population.

Enrique Navarro, a 44-year-old farmer, criticises the 
fact that the majority of tribunal members are over 
the age of 60.

He says a "generational renewal" is needed so that 
the court "does not end up becoming a fossilised institution."

Of the hundreds of water disputes that arise each year,
 just 20-25 actually reach the tribunal. On some
Thursdays no one appears at the door of the cathedral 
with a case.

The crowds, which turn out to watch the proceedings
 held in the historic centre of Valencia, also dissuade
 many farmers from bringing forward a case.

"For a labourer it is almost an offence to come here,"
 said Jose Antonio Monzo, who enforces irrigation rules
 at a community of irrigators called Quart.

Enrique Aguilar, the vice president of the tribunal,
said that 90 percent of all disputes are solved through
 mediation, sometimes just a few minutes before the
 tribunal's weekly session.


"We try to make it so nobody makes it here," he said,
 in front of the cathedral door where the tribunal meets.