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Wells, water use and groundwater management

Existing Wells and Water Uses

Finding a well on a property does not automatically mean that it provides a usable water source. First, we need to determine the type of well, how it was built, its regulatory status and its technical condition.

We assess the well first. Then we determine what can be done with it. A hand-dug well, a legally drilled well and an unauthorized borehole are different situations. Each requires its own assessment and course of action.
Identify before taking action

Not all wells are the same

Before considering a well as a water source, we need to establish how it was built, how it is used and its technical and regulatory status. A hand-dug well and a mechanically drilled well involve different conditions.

Hand excavation

Hand-dug well

A manually excavated well, generally relatively shallow and with limited capacity, that may primarily serve a property's domestic needs.

  • Manual construction
  • Relatively shallow depth
  • Usually limited capacity
  • Rules depend on the intended use
Mechanical drilling

Drilled well

A water intake constructed using drilling equipment to explore and extract groundwater. Its development must follow the applicable permit, technical documentation and administrative procedure.

  • Prior drilling permit
  • Authorized drilling contractor
  • Final drilling report
  • Pumping test and water concession, where applicable
A well's physical appearance alone does not determine how it may be used. We first check the type of intake, its history, current use and available records before recommending further studies or procedures.
Hand-excavated wells

What can we assess in a hand-dug well?

Hand-dug wells are regulated differently from mechanically drilled wells. Their evaluation should account for how they were constructed, their present use and whether they still meet the property's needs.

Identification

Location and characteristics

We can locate and characterize the intake, documenting its position, approximate depth and observed condition.

Water

Water level and availability

We can inspect the water level and make a preliminary assessment of whether the well remains functional for its current use.

Quality

Suitability for intended use

Where relevant, water quality testing and a review of nearby potential pollution sources can be included.

Use

Is it still used for domestic purposes?

If the intended use changes or the well is incorporated into another activity, we review the applicable regulatory status and any concession requirements.

A hand-dug well should not automatically be treated as a drilled well. We first identify the intake type and intended use, then determine whether assessment alone is sufficient or additional procedures are needed.

A water source that must start out correctly

A drilled well starts with a permit, not with drilling

Mechanical drilling to explore or extract groundwater must follow a technical and administrative process that begins before the drilling rig arrives on the property.

Assess the site

We review the project, water demand, hydrogeological setting, nearby intakes and conditions that may affect the proposed location.

Obtain the permit

Drilling requires prior authorization and must be carried out by an authorized drilling contractor.

Drill and investigate

Drilling produces geological and hydraulic information that must be documented through the required reports and tests.

Obtain the water-use right

Permission to drill does not confer the right to extract and use water. Water use requires the applicable concession.

A situation requiring careful review

What happens if a well was drilled without a permit?

A mechanically drilled well built without the required prior authorization should not be viewed simply as an intake with unfinished paperwork.

A well drilled without a permit should not be assumed eligible for legalization through the ordinary procedure. Before including it in a project, its history must be reviewed and the appropriate course of action established.
Water use

Do not assume the water source is available

The physical existence of a well does not prove that its water use is authorized for the project.

Consequences

Administrative action may follow

Unauthorized drilling may result in administrative consequences, and the Dirección de Agua may order the well sealed where the regulatory conditions apply.

Project

Another solution may be necessary

If a project requires a water source, it may be necessary to investigate a new intake developed correctly from the outset.

Exceptional procedures

Amnesties are an exception, not a strategy

At certain times Costa Rica has opened exceptional procedures for wells meeting specific conditions. These opportunities depend on special legislation and are limited in scope and duration.

Exceptional

Not the standard procedure

An amnesty exists because a special legal provision temporarily establishes an opportunity outside the normal process for developing a well.

Conditional

Not every well qualifies

Each process specifies eligible beneficiaries, conditions, dates and requirements determining which intakes may qualify.

Future

No guarantee of another amnesty

Drilling without a permit in anticipation of possible future regularization is not a reliable water-supply strategy for a project.

If you need a new source, develop the well correctly from the outset.
Get it right from the beginning

If you need a new well, develop it legally from the start

A new intake is a significant investment. Planning the site, obtaining the permit, coordinating drilling and completing subsequent studies helps avoid administrative problems that could compromise future water use.

01

Location

We assess initial site conditions and potential restrictions before choosing where to drill.

02

Permit

We prepare and manage the information needed to conduct drilling under the applicable procedure.

03

Technical oversight

Information obtained during drilling and later tests helps characterize the new intake.

04

Concession

Once the intake has been developed, the necessary steps continue to secure the right to use the water resource.

Protection and land use

A well can also restrict how land is used

In addition to supplying water, an intake may impose restrictions on activities around it. Its location should therefore be considered in the overall property design.

Well Operational Setback

The operational setback may extend up to 40 meters

For wells used to extract water, an operational setback is established within which only activities directly related to well extraction, distribution and maintenance may take place.

Up to 40 m Setback that may be established around the well
Restricted use Protection around the water intake
Property boundaries The setback must not extend into neighboring properties
Project May affect the location and design of structures
A well may be both a water asset and a land-use constraint. Before retaining it in a new development design, it is advisable to assess how much land it restricts and the available options for managing that constraint.
Reduce restrictions where technically justified

Study supporting a reduction in the operational setback

The operational setback around a well may be approved at a shorter distance if a study submitted to the Dirección de Agua technically demonstrates that the proposed activities within the requested setback will neither affect nor contaminate the aquifer.

01

Assess the well and aquifer

We review hydrogeological information, well construction, water levels and intake characteristics.

02

Assess proposed activities

We evaluate the proposed land uses within the setback and their potential relationship with the aquifer.

03

Support the application

We prepare the technical and scientific justification to request a shorter distance from the authority where site conditions allow.

A reduction is not automatic, and no particular distance is guaranteed. The reduction ultimately authorized depends on site conditions, the submitted study and the decision of the Dirección de Agua.
When water supplies a community

Wells supplying a population require a different approach

A source intended to supply a population should not be assessed solely under the same criteria as a private intake. Protecting water quality and quantity becomes especially important.

Private intake

Operational setback

For private water-use wells, the operational setback, surrounding activities and conditions specific to the intake must be assessed.

Public water supply

Broader source protection

For sources intended to supply drinking water, the Water Law establishes a protection perimeter of no less than 200 meters around intake sites. For wells supplying a population, the assessment must also consider hydrogeological conditions, nearby activities and technical criteria applicable to the source.

The operational setback and the protection area must not be confused. The nature of the water-use right, the public supply function and hydrogeological conditions may require broader protection analysis than for a private well.
Scope of authorized water use

Can a well supply other properties?

A private concession may identify particular beneficiary properties, but this does not mean that a private well can freely become a water-supply system serving multiple independent users.

Concession

Beneficiary properties

A concession may specify the properties where the water will be used and, where applicable, adjustments involving neighboring parcels may be requested.

Condominium

Shared self-supply

Where several units belong to a condominium, a specific administrative route exists for collective self-supply, with its own conditions for well location and use.

Public water service

Supplying a population is a different legal arrangement

When the aim is to provide water service to multiple independent users, the applicable administrative framework and the involvement of an authorized operator must be assessed.

A private well does not automatically constitute a private water utility. When a project expands or seeks to supply multiple properties, we review the existing concession and determine which administrative arrangement is compatible with the proposed use.
Understand the well and aquifer

Technical studies related to wells

Depending on the question the project needs to answer, a well may require studies of its capacity, behavior, area of influence, connection to the aquifer or surrounding protection measures.

Verify before assuming

Before buying property with a well

A well may appear to be a significant advantage, but its value to a new project depends on its legal, technical and spatial conditions.

Regulatory status

Is it actually authorized?

  • Well registration number
  • Drilling permit
  • Existing case file
  • Concession and validity
  • Concession holder and authorized use
Technical status

Can it serve the project I want to develop?

  • Authorized flow and current capacity
  • Water levels
  • Condition of the intake
  • Operational setback
  • Relationship to the proposed design
A well on a property should not automatically be considered a usable water asset. It must first be verified that it can be legally used, meets projected demand and does not impose constraints incompatible with the proposed development.
When keeping the well is no longer worthwhile

Sealing the well can also be a solution

A well may be dry, collapsed, unauthorized, unused or in conflict with future development. In some situations, permanently closing the intake by sealing it may be the appropriate solution.

Project

The well affects the design

An intake that is no longer needed may impose restrictions incompatible with the property's proposed use.

Condition

Dry, collapsed or unused well

Keeping an unserviceable intake may leave unnecessary infrastructure and a potential pathway into the subsurface.

Procedure

Seal it properly

We can coordinate the technical work and documentation needed to close the intake and submit the required information to the Dirección de Agua.

Sealing does not simply mean covering the well. A technical procedure is required to close the intake and properly document its permanent removal.
Managing a well throughout its life

Procedures relating to wells and concessions

A water intake may require different procedures, from initial construction to amendments, ownership changes, extensions of water-use rights or eventual closure.

New intake

Drilling Permit

The prior authorization process required to develop a new drilled well correctly.

Water use

Water Concession

Formalizes the right to use water under the authorized conditions.

Amendment

Changes to the concession

Increases or reductions in authorized flow, changes in use or modifications to beneficiary properties.

Owner

Concession transfer

Procedure associated with a change of owner of the property where the water source is located.

Validity

Extension of the concession term

Allows continued water use to be requested where the applicable conditions remain satisfied.

Closure

Well Sealing

Technical and administrative procedure to permanently close an intake when applicable.

Existing Wells and Water Uses

First, let us establish what kind of well you have and its status

We can review the intake, its history, regulatory status, concession, capacity and relationship to the project to determine whether to keep using it, amend its authorization, study it, reduce its associated restrictions or seal it.

An existing well is not automatically an available water source. The right decision starts with understanding what is actually there.