Explicit acknowledgment that the “right to water” is a fundamental right is an important act with strong symbolic and legal values. But formal recognition by legislative organs is not the only way to permit that right entry into legal systems. Courts can archive this result also by interpreting water law or ruling on conflicts of interest between individuals or between individuals and the different administrations. The present research will investigate the basic elements of the right to water in a jurisdictional perspective. The aims of the research are: a) to provide a general understanding of the relevant case law concerning water sector in Italy and Europe; b) to determine whether and to what extent the national and supranational judicial decisions allow to speak of a “right to water”; c) to define the content od the right to water as an enforceable new constitutional right.