The Superior Court of Justice of Murcia has dismissed the appeal filed by an agricultural company against the sanction imposed by the Segura Hydrographic Confederation for using desalinated water to irrigate a plot not included in the authorized surface area. The Court confirms the fine of 4,000 euros for the farmers of this commercial company and the prohibition on the use of water on said farm, considering it proven that use was carried out without authorization.
According to the ruling STSJ MU 583/2026, dated March 31, 2026 (which is available at this link from the Judiciary), the events date back to an inspection in which the irrigation of a plot located outside the authorized perimeter was confirmed. For the court, this use constitutes a violation in water matters, since it is a resource integrated into the public hydraulic domain and its use is subject to administrative control.
The TSJ of Murcia clarifies that desalinated water is also public domain
One of the key points of the ruling, without a doubt, is the nature of the water used. The farmers of the company, which is a Limited Company, argued that, since it is desalinated water supplied by a community of irrigators, its use should not be subject to the same regime as other public waters.
However, the court rejects this argument and recalls that the regulations are clear. Article 2 of the consolidated text of the Water Law (collected in the Royal Legislative Decree 1/2001, of July 20) establishes that “continental waters (…) and waters from seawater desalination” are part of the public hydraulic domain.
Furthermore, article 13 explains that desalination “is subject to the general regime established in this Law for the private use of the public hydraulic domain.” This implies that any use requires a prior administrative concession.
Therefore, the Court concludes that the use of water outside the authorized surface constitutes an infraction, regardless of whether the supply comes from a community of irrigators.
The farmer claimed that he was convinced of its legality
In their defense, the SL farmers maintained that there was no damage to the public hydraulic domain and that they acted in good faith. They argued that they had the right to use the water on their farm by receiving it through a community of irrigators. For the company, the use of this water was authorized and at no time did they have any doubts about it.
The court dismisses these allegations and emphasizes that the legal regime of water does not depend on the perception of the user, but on compliance with the conditions of the concession. Also remember that the public hydraulic domain is “subordinated to the general interest”, as stated in article 1 of the Water Law.
Justice rejects equality in illegality
The farmer also alleged that there were other similar cases that had not been sanctioned. However, the TSJ of Murcia rejects this approach and applies a consolidated doctrine: equality cannot be invoked to justify illegal action.
The ruling makes it clear that the fact that other users may be in an irregular situation does not legitimize non-compliance with the regulations.
The Court dismisses the appeal and confirms the fine
Finally, the court considers that the actions of the Segura Hydrographic Confederation are correctly motivated, in line with the requirements of article 35 of Law 39/2015 on the Common Administrative Procedure (which can be consulted at this BOE).
Consequently, it dismisses the appeal, confirms the penalty of 4,000 euros and the prohibition of water use on the unauthorized plot, and imposes costs on the farmer.
The resolution reinforces the criterion that any use of water, including desalinated water, outside the limits of a concession constitutes a punishable infraction, even when the farmer acts convinced that his actions were legal.