ABSTRACT

Two fundamental precepts guide the right to water in traditional legislation. Chafa, the right of thirst, establishes the universal right for humans to quench their thirst and that of their animals; and chirb, the right of irrigation, gives all users the right to water their crops. The water tribunal was established around 960 AD under Abderraman III, the first Caliph of Cordoba. Within the huerta, water users are grouped into seven “communities,” one for each canal and each with its elected representative. Water in the Ourika Valley is allocated in time units, not in fixed volumes, so that each user is allowed to take water from the canal to his fields for a set amount of time. Tribunal de las Aguas has become a tourist attraction and ancient water distribution systems have been largely superseded by modern technologies, the traditions surrounding water allocation in the Damascene Ghuta Oasis are dying, along with the orchard and gardens which they watered.