IQF – Water rights defense

Client Requirement: As mentioned in the previous Section, the governmental agency challenged IQF due to a supposedly lack of water rights in force. As per the governmental inspectors, the water rights that IQF used to hold were expired and therefore they wouldn’t be in force any longer. It is evident that water rights are essential to the agriculture business of IQF and due to our deep knowledge on the natural resources law, IQF trusted in our services to defend these vital rights. Our participation: We started with a deep analysis of the origination of IQF water rights. Over time, water laws have changed, but certain prerogatives of former laws are still in force and applicable to the water rights enacted at the time the corresponding former laws were in force. Also, concepts and content of water rights have changed over time and those waters rights should be interpreted in accordance with the understandings in force at the time of their enaction. Due to our deep knowledge of the different interpretations and conceptualizations of water rights, we were able to clearly explain the reasons that support the current enforcement of IQF water rights. Client benefit: IQF has clear legal grounds to support its water rights current enforcement, which is of the most highest importance for the development of its business.

Matter value – include currency and amount in figures :

Not applicable

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No

Lead partner :

Jose Antonio Honda and Carlos Martinez

Other team members :

Ricardo Barrantes, Ursula Wismann

Other firms advising on the matter and their role(s) :

No

Date of completion or current status :

Ongoing