Abstract

This paper presents an analysis of technical-scientific knowledge utilization in the legal water conflicts in Chile, specifically located in Antofagasta and Valparaiso between 2010 and 2017, based on a document analysis of court verdict texts and expert interviews. The results show that technical-scientific proof is treated both as an administrative process and as relevant information in controversial situations. This treatment depends on the institutional context, affected by the lack of court specialization and deference to the administrative authority. Furthermore, the constitutional protection system of the property of water rights existing in the water code and 1980s political constitution influences the assessment of technical-scientific information in the final verdict of the courts. Finally, in conclusion, is highlighted the work of environmental courts and the need for water code changes to confront these problems.