Groundwater Concession and Deep Wells for Farms in Colombia: Application Guide for CARs

Having reliable access to clean water is the heart of any farm, country lot, or agricultural property in Colombia. However, many owners and buyers mistakenly assume that because they own the land, they have the unrestricted right to drill into the earth and extract groundwater. The legal reality is very different: in Colombia, groundwater is a public resource, and its use is strictly regulated by the Regional Autonomous Corporations (CARs).

Drilling a deep well or extracting water without the corresponding environmental authorization not only puts the sustainability of the aquifer at risk but also exposes the owner to severe administrative and financial penalties. Furthermore, an illegal well represents a serious legal defect when it comes time to sell or lease the property. In this guide, we explain how the groundwater concession process before the CARs works, what documents you need, and how this permit protects the investment in your farm.

Legal framework for groundwater in Colombia

The groundwater use regime in Colombia is compiled primarily in the Single Regulatory Decree 1076 of 2015 (Environment and Sustainable Development Sector). Under this regulatory framework, extracting water through deep wells or reservoirs requires two distinct administrative authorizations issued by the CAR with jurisdiction (such as CAR Cundinamarca, Corantioquia, Cornare, CVC, or Corpoboyacá):

• Prospecting and Exploration Permit: Authorizes the interested party to conduct test drilling, geophysical studies, and pumping tests to verify the presence, quantity, and quality of water in the subsoil. This permit is granted for a maximum period of one (1) year.
• Groundwater Concession: It is the formal administrative act through which the environmental authority grants the right to use and extract a specific flow (expressed in liters per second) for specific purposes such as human consumption, irrigation, or watering livestock.

When can you request a direct concession without an exploration permit?

There is an important exception within the regulatory process. According to Article 2.2.3.2.16.15 of Decree 1076 of 2015, if the property is located on an aquifer or groundwater basin that has already been officially studied, delimited, and mapped by the respective CAR, the applicant does not need to process the Prospecting and Exploration Permit. In these cases, the Groundwater Concession application can be filed directly, which saves time and costs associated with the initial technical process.

Before starting any technical work, it is essential to check at the CAR office or on their geoportal whether the property is located in an area with declared and regulated hydrogeology.

Step-by-step guide to the process before the CAR

To process a groundwater concession, the owner, holder, or regular possessor of the rural property must meet a series of legal and technical requirements before the corresponding environmental authority:

Documentary and technical requirements

1. Single National Form (FUN): Filling out the official water concession application, indicating the property details and the required flow rate.
2. Proof of ownership or possession: Certificate of Tradition and Freedom of the property issued no more than three (3) months ago, or documents accrediting regular possession or the status of the holder.
3. Hydrogeological study and well design: Technical report including the lithological column, the structural design of the drilling, the results of the pumping test (to determine the design flow and drawdown of the water table), and the physical-chemical and bacteriological analysis of the water.
4. Plan for the Efficient Use and Saving of Water (PUEAA): A mandatory management tool in Colombia regulated by Law 373 of 1997, where the user details the goals, low-consumption technologies, and reuse strategies to prevent resource waste.

Once the complete documentation has been filed and the evaluation fees—determined individually by each CAR based on the requested flow and project complexity—are paid, the environmental authority schedules a technical inspection visit to the property. If the evaluation is favorable, a reasoned resolution is issued approving the concession for a fixed period, subject to renewal in accordance with the environmental authority's resolution.

Water use priority and sanctions for illegal wells

Decree 1076 of 2015 establishes a clear order of priority for granting water concessions in Colombia. First place is always held by human consumption and domestic needs, followed by agricultural use, energy generation, industrial use, and, finally, recreational or aesthetic activities. If there is water scarcity in an area, the CAR will give priority to household supply.

Ignoring this process and operating a deep well clandestinely carries serious legal consequences. Under the environmental sanctioning procedure of Law 1333 of 2009, the CARs are empowered to impose:

• Preventive measures such as the confiscation of drilling or pumping equipment.
• Immediate sealing and closure of the well.
• Daily fines that can reach up to 5,000 Current Legal Monthly Minimum Wages (SMMLV).
• Orders to render the well unusable, plug it, or demolish it at the property owner's expense.

Impact of water legality on a farm's commercial value

From the perspective of the rural real estate market in Colombia, legal water availability is an asset that adds value to a farm or country lot. Informed buyers and investors verify the legality of water sources before closing a purchase. A property that has a current water concession from the CAR not only offers legal peace of mind but also reduces the risk of agricultural or residential activities suffering sanction-related cutoffs.

According to active listings on Colombia Move (August 2026), there are 13 farms, 10 lots, and 7 country houses published; clearly indicating if the well and concession are up to date helps differentiate a rural property within that offer.

If you also plan to develop a lodging or rural tourism project, check the registration in the National Tourism Registry (RNT). Likewise, proper land planning must align with the land use regulations and municipal land use plan (POT), especially when considering regulations for renting recreational farms..

Frequently asked questions

❓ Can I drill a deep well on my property without asking the CAR for permission?

No, drilling or extracting groundwater without prior authorization is prohibited in Colombia under Decree 1076 of 2015. Anyone who drills without a permit is subject to immediate sanctions from the CAR, including suspension of work, seizure of machinery, and financial penalties under Law 1333 of 2009.

❓ What is the difference between a prospecting permit and a groundwater concession?

The prospecting and exploration permit authorizes test drilling and hydrogeological studies for a maximum period of one year, while the concession grants the legal right to use and extract water for consumption, irrigation, or other specific uses.

❓ When can the exploration permit be skipped and the concession requested directly?

You can process the concession directly when the basin or underground aquifer has already been officially studied and delimited by the corresponding CAR, in accordance with Article 2.2.3.2.16.15 of Decree 1076 of 2015.

❓ What documents are needed to apply for a groundwater concession before the CAR?

You need the completed National Single Form (FUN), an identity document or RUT, a Certificate of Tradition and Freedom issued less than 3 months ago, a georeferenced map, the technical design of the well with a pumping test, and the Efficient Use and Water Saving Plan (PUEAA).

❓ What sanctions exist in Colombia for having an illegal water well on a property?

Law 1333 of 2009 establishes preventive measures such as the suspension of the activity and the sealing of the well, in addition to sanctioning processes with fines of up to 5,000 SMMLV and orders for demolition or plugging at the property owner's expense.

❓ How long does the groundwater concession last and how is it renewed?

The concession is granted for a fixed period determined in the CAR resolution, not permanently. The holder must review that resolution and request renewal from the same authority within the deadline indicated therein.

❓ How does the CAR water concession influence the sale or leasing of a property?

Having a valid concession with the CAR provides legal security to the buyer and reduces the risk of disputes or sanctioning interruptions. It also allows you to document that the water supply for housing or agricultural production is authorized.