Water Conflicts in Chile: Have We Learned Anything from Colonial Times?

Abstract

The number of disputes related to water that reach courts in Chile has increased in the last decades, the topics of these disputes have become more complex, and the current conflict resolution system has not been able to adjust to this situation. This study analyzes colonial texts from water-related conflicts that were addressed at the Royal Hearings in Santiago (1691–1800) and from the Cabildo gatherings (1541–1802), using an adaptation of the Institutional Analysis and Development framework. The research shows a strong institutional system surrounding conflict resolution during colonial times, with nested schemes and empowered figures appointed in leading roles. However, a lack of equity and inclusion of all actors is also visible, reducing its legitimacy. At present, the increasing value of water and a sense of distrust in the institutional system have led to longer and more complex conflict resolution processes. Here, learning from past times about the empowerment of the institutional system for solving water disputes could be useful. An increased support towards initial conflict resolution mechanisms, giving space for local knowledge and generating stronger participation in these initial steps, is a lesson for the future.