riverbed Cávado in Barcelos is “private water domain”

Meanwhile, the owners of the land, between the medieval bridge and Quinta do Egipto, notified the City Council and the Junta to remove all leisure facilities installed in the Barcelinhos beach, arguing that they were placed on private property, as the newspaper reports. Barcelos Popular in its latest edition.

MINHO requested clarification from the Portuguese Environment Agency (APA), the responsible entity, which “is monitoring this process”.

In the responses sent to our newspaper, APA explains that, “in the indicated location, the Cávado River is neither navigable nor buoyant, so its banks (10 meters) and bed are considered a private water domain”.

In other words, “in this situation, only water belongs to the public water domain”.

According to Law No. 54/2005, of November 15, which is applicable in this case, as well as Decree-Law No. 226-A / 2007, “a bed is understood to mean land covered by water when not influenced by extraordinary floods, floods or storms. The bed comprises the mouchões, muds and sands formed by alluvial deposition ”.

Floating bridge joins the banks of the Cávado River in Barcelos

However, the APA emphasizes, “the lands in the private water domain, however, are subject to administrative easements, provided for in the aforementioned law”.

And the law says that “all private plots of beds or margins of public waters are subject to easements established by law and in particular to public easements, in the general interest of access to waters and of passage along fishing waters ( …) ”.

That is, despite being private, anyone has the right to enjoy the space. However, the placement of structures requires the consent of the owners.

“In the case of the private water domain, there are several uses that require the prior consent of the owner and the prior authorization of the APA, among them will be their occupation, under the terms of the aforementioned decree-law”, underlines the APA in the reply sent to MY MINHO.

Hence, as the newspaper Barcelos Popular, the mayor, Miguel Costa Gomes, has, in recent years, negotiated with the owners whenever they contest the installation of those leisure structures in the summer.

To that newspaper, the mayor added that, now, the case can go to court and that the owners will have to “present evidence” of the property of the land.

Also to Barcelos Popular, the president of the Junta de Barcelinhos, José Peixoto, considered that the space “is public” and that the municipality “will defend that fact”.

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