Water Tribunal Of The Plain Of Valencia
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The Water Tribunal of the plain of Valencia, also known as the Tribunal of Waters ( ca-valencia, Tribunal de les Aigües de València), is an institution of justice to settle disputes arising from the use of irrigation water by farmers in several Irrigation Communities ( ca-valencia, Comunitats de Regants) and
canal Canals or artificial waterways are waterways or engineered channels built for drainage management (e.g. flood control and irrigation) or for conveyancing water transport vehicles (e.g. water taxi). They carry free, calm surface flow un ...
s (''Quart'', ''Benàger i Faitanar'', ''Tormos'', ''Mislata'', ''Mestalla'', ''Favara'', ''Rascanya'', ''Rovella'' and ''Xirivella'') in the
Horta de València The Horta of Valencia ( va, L'Horta de València; es, Huerta de Valencia) is a historical comarca and urban area of Valencian Community. The Horta of Valencia consists of Valencia and three comarcas: Horta Nord, Horta Sud, Horta Oest. Demogr ...
. It is the World’s Oldest Court and the oldest democratic institution in Europe. In 2009 it was chosen along with the Council of Wise Men of the plain of Murcia as
intangible cultural heritage An intangible cultural heritage (ICH) is a practice, representation, expression, knowledge, or skill considered by UNESCO to be part of a place's cultural heritage. Buildings, historic places, monuments, and artifacts are cultural property. Int ...
by
UNESCO The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations (UN) aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture. It ...
.


Proceedings of the Tribunal

The Tribunal is a customary court. It consists of one representative, called ''síndic'' (
syndic Syndic (Late Latin: '; Greek: ' – one who helps in a court of justice, an advocate, representative) is a term applied in certain countries to an officer of government with varying powers, and secondly to a representative or delegate of a universi ...
), from each of the Irrigation Communities—nine in total—and one among them is elected president for a period of two years. Every Thursday the Tribunal meets in public and an administrative session at the Casa Vestidor at the Plaça de la Mare de Déu of
Valencia Valencia ( va, València) is the capital of the Autonomous communities of Spain, autonomous community of Valencian Community, Valencia and the Municipalities of Spain, third-most populated municipality in Spain, with 791,413 inhabitants. It is ...
to discuss various issues, mainly the distribution of water. On public holidays that fall on a Thursday, the Water Court meets on the preceding Wednesday. That is when the bailiff, with the permission of the president, calls for cases from each of the canals in turn, with the traditional phrase "''denunciants de la séquia de...!''" ("claimants from the irrigation canal of...!"). The trial takes place quickly and is completely in
Valencian Valencian () or Valencian language () is the official, historical and traditional name used in the Valencian Community (Spain), and unofficially in the Carche, El Carche comarca in Región de Murcia, Murcia (Spain), to refer to the Romance lan ...
. Each complainant puts his case before the Tribunal and then the accused defends himself and answers questions. It is then when the Tribunal, with the exception of the trustee of the canal in question (to ensure fairness) decides the guilt of the defendant, and if so found, it is the trustee of the canal who imposes the penalty for the offender, according to the ''Bylaws of the Irrigation Communities'' ( ca-valencia, Ordenances de la pròpia Comunitat de Regants). The court is purely oral—there is nothing done in writing and no records are kept.


History

The Tribunal's origin is not fully known, although it is likely to have evolved from previous Andalusian traditions. Some historians, such as
José Vicente Gómez Bayarri José is a predominantly Spanish and Portuguese form of the given name Joseph. While spelled alike, this name is pronounced differently in each language: Spanish ; Portuguese (or ). In French, the name ''José'', pronounced , is an old vernacul ...
, placed its origins in Roman times. The most widespread theory is advocated by
Francisco Javier Borrull Francisco is the Spanish and Portuguese form of the masculine given name ''Franciscus''. Nicknames In Spanish, people with the name Francisco are sometimes nicknamed "Paco". San Francisco de Asís was known as ''Pater Comunitatis'' (father of ...
. His hypothesis is that there was already a precedent in Roman times, but the foundation as it operates today occurred during the reigns of the Caliphs
Abd-ar-Rahman III ʿAbd al-Rahmān ibn Muḥammad ibn ʿAbd Allāh ibn Muḥammad ibn ʿAbd al-Raḥmān ibn al-Ḥakam al-Rabdī ibn Hishām ibn ʿAbd al-Raḥmān al-Dākhil () or ʿAbd al-Rahmān III (890 - 961), was the Umayyad Emir of Córdoba from 912 to 92 ...
and
Al-Hakam II Al-Hakam II, also known as Abū al-ʿĀṣ al-Mustanṣir bi-Llāh al-Hakam b. ʿAbd al-Raḥmān (; January 13, 915 – October 16, 976), was the Caliph of Córdoba. He was the second ''Umayyad'' Caliph of Córdoba in Al-Andalus, and son of Ab ...
, specifically in 960CE. Borrull's reason was that during the reign of these two Caliphs there was an era of complete peace on the Iberian peninsula and, as a result, it must have been founded then. In fact, the millennial anniversary of the founding of the Water Tribunal took place in 1960, led by
Vicente Giner Boira Vicente is an Italian, Spanish, and Portuguese name. Like its French variant, Vincent, it is derived from the Latin name ''Vincentius'' meaning "conquering" (from Latin ''vincere'', "to conquer"). Vicente may refer to: Location *São Vicente, Cap ...
, legal adviser to the Tribunal at the time, and leading proponent of this theory in the twentieth century.


See also

* Council of Wise Men of the plain of Murcia


References


External links


Official Tribunal website

UNESCO website
Description.
Vicente Giner Boira Archive (Biblioteca Valenciana)
{{Authority control Intangible Cultural Heritage of Humanity Province of Valencia Agricultural organisations based in Spain Irrigation in Spain