In Spain, 1,000-year-old
court settles water disputes

VALENCIA (SPAIN): Eight men in black robes, sitting in a
circle on chairs in the street outside a cathedral look on,
They form the
Water Court of Valencia, a millennial institution in Spain.
In just a few minutes and without any paperwork,
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,
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
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
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
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,
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
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
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
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,
"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
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,
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
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
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
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
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.
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
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
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
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,
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
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,"
"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,
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,
"We try to make it so nobody makes it here," he said,
in front of the cathedral door where the tribunal meets.
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