Colonial Water Management in the 8th Grade

# ANEXOS SESIÓN 3 ## LA LEGISLACIÓN HÍDRICA DURANTE LA COLOΝΙΑ - The Inca masters took out the necessary irrigation ditches according to the lands that they had to provide for, because it is known that most of that land is poor in bread and for that reason they sought to expand it as much as poss...

# ANEXOS SESIÓN 3 ## LA LEGISLACIÓN HÍDRICA DURANTE LA COLOΝΙΑ - The Inca masters took out the necessary irrigation ditches according to the lands that they had to provide for, because it is known that most of that land is poor in bread and for that reason they sought to expand it as much as possible ... And because they were in a hot zone, they had a need for irrigation. They gave it to them with great curiosity, and they did not sow maize without irrigation water ... they also dug irrigation ditches for the pastures when autumn stopped the water, which they also wanted to ensure, as they sowed them because they had an infinite number of cattle. (Inca Garcilaso 1609). - In pre-Hispanic societies, there was a developed organization of agriculture and irrigation that denotes a great understanding of hydraulic technology that drew the attention of the Spanish conquistadores, who were the ones who had a technology and a form of water management that was very different. - The chroniclers detail with meticulousness how the indigenous people brought water to inaccessible places and boasted a highly sophisticated technique. - Fray Bartolomé de las Casas describes the following: "[they] had these people, great care and attention in the work and planting of the estates that they called "chacras". They had the same great care for the industry, that they put into drawing water from the rivers for the fields under irrigation. First, by the main ditches that they drew through the hills and mountains with admirable skill that seems impossible to get through the ravines and heights through which they travelled. It was also a great skill, that they used to divide the houses, waters, and benefit from them, without wasting a drop of water, which all those valleys did not seem like anything but a few gardens handmade" (Guevara 2014; Golten 1980). - Control over the water was a fundamental mechanism in the expansion of the Inca Empire. This expansion was carried out not only through military conquest, but also through the control of water sources in the conquered populations. - This way, the ancient pre-Hispanic cultures developed a strong social and political organization around irrigation, from which they generated a strong identity as agricultural peoples, as well as bonds of political unity. ## After the Conquest - With the Spanish conquest, that organization was broken. Many existing irrigation systems were abandoned. This meant the loss of years of accumulated work, that were irrevocably lost in such infrastructure. New ways of cultivation were introduced, and the economy in general was reorganized, gradually but inexorably establishing radically new social and political relationships. - The colonial organization was a very complex phenomenon. It was dominated by the Spanish in the political, economic, and cultural fields, imposing their customs, language, and religion, as well as many of their products and technology. However, this domination was constituted by a balance of power between the peninsulars who came to America in their own right, on the part of the crown, who was represented by the viceroy and the colonial bureaucracy, on the other part. Between both of them, there was a dispute over the surplus that could be obtained from indigenous labor, as well as its distribution. - Particularly, the crown directly exploited indigenous labor, but it did limit the exploitation that the Spanish and the Creoles did on the aboriginal population. This meant reserving lands for the indigenous people, as well as maintaining their social organization, authorities, etc. - In practice, the protection of their lands was more effective than ensuring their access to water. - In the coast, the haciendas were preferentially located in the upper parts of the valleys, controlling the irrigation at will and decisively dominating indigenous agriculture. - Even in dry years, Spanish landowners overcame the main difficulties. - In case of floods, they primarily affected the lower parts of the valleys where the indigenous people were. - On the other hand, control over the water allowed them to even appropriate the same lands that were from the indigenous peoples, leading to more conflict. - In 1550, the crown appointed Judges of Water to resolve conflicts around water rights. In 1577, Viceroy Toledo promulgated the so-called "Ordinances of Toledo". - However, nothing worked properly. It was not until the 17th century that irrigation on a rotational basis was adopted, deciding that the Spanish would irrigate during the day. - The indigenous people would irrigate at night. These latter would work for free in the maintenance and cleaning of the irrigation infrastructure in exchange for being exempt from paying for the use of the water, also having the right to irrigate on holidays and Sundays. ## The regulation of water during the colonial period is summarized as follows: - The royal decree of emperor Charles V of Spain dated Nov 20, 1536. - The Water Regulations of the valleys of Chicama, Moche, and Virú by Antonio Saavedra y Leyva, put into operation in 1660. - The regulation of Cerdán, Water Judge of Lima, published in 1793. - All these tasks were performed in a collective or communal way, under the immediate control of the authorities of the indigenous people. - The collective control over each of the irrigators was extremely strict. If there was noncompliance, said irrigator was left without access to the water supply when it arrived. - Around irrigation, the indigenous people had developed complementary technological activities that ranged from the elaboration of their own tools for irrigation to the construction of canals that reflected their sophisticated understanding of various ways to direct water. - Colonial water legislation is particularly important for understanding the social organization of irrigation that developed in our country due to the effectiveness of these regulations during the republican stage. https://revistas.pucp.edu.pe/index.php/derechoadministrativo/article/view/15184/15674