An approach to water resources in the Spanish Constitution

Abstract

Regarding the water element in Spain, as a legal origin of indeterminate water conflicts, we can appreciate a truly fascinating field of research, that transcends the mere conceptual field, the mere theorization of water resources, of their configuration and framed within our legal system, we can even affirm from the own socioeconomic conflicts that citizens experience for one cause or another. We are dealing with a subject that includes and covers issues of different legal nature, guarantees and individual liberties, fundamental rights as limiting the power of the State, environmental, territorial, even interesting aspects such as the social "erosion" of the constitutional conscience. All these aspects and some more, are the ones that are going to be explained in the present investigation, always, from a Constitutional perspective, that is, according to the opinions established in our Constitution of 1978. One of the main  f this scientific dissertation without explicit proof, it is based on what has been subtitled under the rubric of the overcoming of the circumstance to the recognition, within our most recent legal tradition overcoming the normative conception of water as a mere “circumstance” to a lace and express recognition and “useful” for every citizen of our country. Another of the main points on which this study is based is the detailed analysis of a series of legal conflicts related to water resources, still today unresolved.