Legal Definitions - aqua quotidiana

Aqua quotidiana is a Latin legal term that refers to a specific right to draw or take water for ordinary, daily household or agricultural needs. This right typically allows an individual or property owner to access a water source, such as a well, spring, or stream located on another's land, for essential, routine uses like drinking, cooking, washing, or watering small gardens or livestock. It is distinct from rights to use water for large-scale commercial or industrial purposes.

• Example 1: Rural Property Access

  Imagine a small, historic farm whose only reliable water source is a natural spring located on an adjacent property. For generations, the owners of the small farm have consistently used this spring for their household water, including drinking, cooking, and washing, as well as to water their small kitchen garden and a few farm animals. This established practice is legally recognized as a right to *aqua quotidiana*.

  This example illustrates *aqua quotidiana* because the small farm's owners possess a long-standing right to access the spring on their neighbor's land specifically for their daily, essential needs. This right is limited to routine domestic and small-scale agricultural uses, ensuring their basic sustenance without granting them unlimited or commercial water rights.

• Example 2: Village Communal Well

  In an old European village, several cottages were built without individual wells. For centuries, the residents of these cottages have relied on a communal well situated on what is now private land owned by a new developer. The villagers' traditional right to draw water from this well for their daily household activities, such as fetching water for drinking, cooking, and cleaning, is a clear instance of *aqua quotidiana*.

  Here, the villagers' traditional access to the communal well for their everyday domestic needs demonstrates *aqua quotidiana*. This right is for their routine sustenance and household activities, not for commercial or industrial ventures, and would likely be protected as an established legal servitude.

• Example 3: Estate Subdivision Agreement

  Consider a large historical estate that is divided into two separate parcels. The upper parcel retains direct access to a river, but the lower parcel, while also bordering the river, has its main dwelling and agricultural fields situated far from the riverbank, making direct access impractical. A legal agreement is put in place, allowing the owner of the lower parcel to draw water daily from a specific point on the upper parcel's river frontage, via a small pipe, for household use and to irrigate a small family orchard.

  The right granted to the owner of the lower parcel to draw water from the upper parcel for daily household use and to water a small family orchard exemplifies *aqua quotidiana*. It is a specific, limited right to access water for routine, essential purposes, ensuring the habitability and basic sustenance of the lower property without granting unlimited or commercial water rights.