It’s Thursday, and a sizeable crowd has gathered at the corner of Plaza de la Virgen in Valencia, Spain, near the Apostles Gate of the city’s central cathedral. Mostly tourists, they have come to witness the Tribunal of Waters—an ancient court that convenes to resolve disputes over water distribution in the plains of Valencia. What makes this open-air tribunal remarkable is its continuous operation for over 1,000 years, making it the world’s oldest court and the oldest democratic institution in Europe.
The Tribunal de las Aguas of Valencia in session in 2006. Photo credit: Wikimedia Commons
The Water Tribunal of the Plain of Valencia (Tribunal de les Aigües de València in Valenciano) was likely established during the Caliphate of Córdoba, which ruled over the Iberian Peninsula more than a thousand years ago. Faced with a shortage of water for irrigation in Valencia’s fertile valley, the rulers constructed an extensive network of canals to divert water from the Turia River to the region’s agricultural fields. Aside from irrigation, the water was also used for domestic consumption as well as for public bathing and waste disposal.
As access to this precious but limited commodity became increasingly vital, disputes arose among farmers over its distribution. To address these conflicts, a tribal court was established to adjudicate water-related issues. The system proved so effective that when King James I of Aragon reclaimed Valencia in 1238, he decreed that the tribunal should continue to operate “as was established and become custom” in the region.
Originally, the court held inside the main mosque, but with the arrival of Christian rule, the mosque was demolished and replaced with a cathedral. Since most farmers were still Muslim and barred from entering the cathedral, the tribunal relocated just outside its doors to accommodate all claimants.
The Tribunal consists of eight trustees, each elected from one of the eight Irrigation Communities. These representatives are farmers themselves, who must earn their livelihood from the land and make their living off it in order to be elected by the community. They must also be known among their peers as honourable men.
“The Tribunal de las Aguas of Valencia” by Bernardo Ferrándiz Bádenes (1835–1885)
Every Thursday, the Tribunal meets in public at the Plaza de la Virgen to address disputes over water distribution and usage. The trustees take their seats in chairs inscribed with the names of their respective aqueducts, while the bailiff, holding a brass harpoon in his right hand, calls forth the disputing parties. Common offenses include water theft during shortages, damage to channels or walls, unauthorized water use, and clogged drains that disrupt proper flow.
To ensure impartiality, the trustee representing the aqueduct involved in the dispute does not participate in the deliberation. Cases are often resolved quickly, though in some instances, a site visit is required to reach a verdict. Once a decision is made, it is final and cannot be appealed in an ordinary court.
One of the most remarkable aspects of the Tribunal’s proceedings is that they are conducted entirely orally, with no written records kept. There are no lawyers, no documents, and no lengthy bureaucratic delays. However, following the enactment of the first Ley de Aguas (Water Law), the need for documentation led to the creation of a Libro de Registro (Registration Book), where basic details of each case and its judgment are recorded.
Despite its simple operation, the Tribunal’s continuity and longevity underscores its efficacy and success which has largely been attributed to its reputation. The institution commands wide respect for its impartiality and the social standing of its trustees, and recognizing this significance, the Spanish Constitution of 1978 formally enshrined the Water Tribunal, acknowledging it as the oldest democratic institution in Europe. In 2009, UNESCO added it to its list of Intangible Cultural Heritage of Humanity, cementing its place in history.
The Cathedral of Valenica outside which the Tribunal sits. Photo credit: Andrew H
References:
# Drink in History at the World’s Oldest Court, Smithsonian Magazine
# History of The Water Court, Tribunal de las Aguas de la Vega de Valencia
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