Bad Water, Big Trouble: Court Tells Golf Course to Stop Spraying Stench

In a ruling that doesn’t just clarify the law but sends a breeze of accountability across Aruba’s luxury enclaves, the Court of First Instance found that a golf course  operator crossed a line – and not the one marked by sand traps.

On May 14, 2025, the court held that Tierra del Sol Golf Course N.V. (TDS) caused an unlawful nuisance by irrigating with foul-smelling wastewater near a neighboring villa. You may recall my previous column from the RWZI drama. The stench wasn’t just unpleasant – it became a legal liability. And the court didn’t just acknowledge the problem – it ordered them to stop, or face severe fines.

A Stench That Wouldn’t Go Away

Since late 2024, TDS has been irrigating the northern edge of its course with treated wastewater. While technically permitted, the result was far from tolerable. Aruba’s trade winds carried the odor and water droplets straight into the home of residents who own the neighboring property. A bailiff (“deurwaarder”) who visited in February documented it bluntly:

“In all rooms, the foul smell was clearly noticeable… the sprinkler system started up again at 09:45 AM, releasing an unbearable odor and water droplets into the air.”

The homeowners reported health symptoms, social disruptions, and the inability to use their outdoor space.

TDS acknowledged the odor in internal communications, referring to it as temporary. But the plaintiffs had five months’ worth of evidence – and zero signs of relief. “Temporary” frankly sounds like a crock of….TDS irrigation water.

This Wasn’t Just a Resort Living Annoyance

TDS tried to deflect the case into arbitration under the community’s Master Declaration. But the court correctly framed the issue not as a contract dispute, but as a tort claim – falling squarely under Articles 5:37 and 6:162 of the Civil Code.

The court applied the Dutch nuisance test: Was the interference persistent, severe, avoidable, and disproportionate to the setting?

Check, check, check, and check.

• The odor persisted for months.
• It entered indoor and outdoor spaces regularly.
• TDS never provided requested test results on water safety.
• Witnesses confirmed health issues and lifestyle impacts.
• The burden went well beyond what anyone could call “normal neighbor inconvenience.”

As the judge put it:

“The operation of a golf course may be legitimate, but the method of irrigation cannot inflict substantial and avoidable nuisance.”

The Court Order – and a Broader Warning

The plaintiffs had asked for a full irrigation ban or restrictions tied to subjective smell assessments. The court declined both, citing enforceability concerns. Instead, it imposed a clear and enforceable solution: TDS may only irrigate the disputed area with water supplied by Aruba’s public utility, WEB.

To enforce that order, the court set a fine of Afl. 5,000 per violation, capped at Afl. 500,000. TDS was also ordered to pay legal costs and interest.

But the real message was this: fix it, or others will come for you next. Because now that this ruling is public, de facto hunting season has begun. Homeowners and some of my neighbours, who were previously hesitant or too polite to complain, may now see a legal path forward. The precedent has been set. The burden of proof is now on TDS to not just comply, but solve the problem.

An Opportunity for Iberostar to Lead

TDS was recently acquired by Iberostar Group, the Spanish hospitality company with an international reputation for sustainability. A few years ago, I met Miguel Fluxà, Executive Chairman of Iberostar Group, on two separate occasions, each on a different island. In those conversations, he mentioned that (one of) his daughter(s) had become the driving force behind the group’s environmental commitments. We also shared a nuber of great meals.

Those values now live under Iberostar’s Wave of Change initiative – a global campaign to eliminate single-use plastics, become waste-free by 2025, and achieve carbon neutrality by 2030. They’ve invested heavily in marine restoration, responsible water use, and science-driven environmental goals.

This puts Iberostar Group in a strong position – not just to comply, but to lead by example. Show the other hotels near the Iberostar Aruba and those on Palm Beach, and explain – better yet, show how it can be done. Iberostar has the resources, the brand credibility, and the internal momentum to turn this nuisance into a sustainability case study. Whether that means installing a UV sanitation system or introducing something even smarter, the path forward is clear. This is the kind of challenge Iberostar claims to take on. Now’s the moment to prove it.

Don’t Wait – Fix the Problem

The better path is obvious: fix the water, fix the smell, fix the problem.

One practical solution? Install a UV (blue light) disinfection system. These are already used across the U.S. and Europe to safely sanitize reclaimed water. They reduce microbial content and neutralize odor-causing compounds, without chemicals.

And let’s be honest: don’t rely on AWWS to fix this for you. Who knows if they can – or when they will? Iberostar Group can’t afford to wait. The reputational and legal risks are already in motion. Hotels and other greywater users should take note: if your landscaping stinks, so will your reviews.

Would one UV station be enough? Maybe. But there’s room to think bigger. A multi-stage treatment setup could include:

• Before the water enters TDS’s reservoir tanks,
• Along the route from the Bubali Plas, and
• Right before the sprinklers discharge.

That layered approach should be technically feasible and shows a commitment to actually solving the problem rather than just avoiding penalties.

Is it perfect? Probably not. But if it isn’t, I trust the experts – self-acclaimed or otherwise – will say so. And if someone has a better solution, I hope it has already been shared with the Iberostar Group – instead of sitting in someone’s mental folder marked “someday” while the problem persists.

#YourFavoriteLawyer says: “ Don’t wait for someone else to solve your problem. Especially when it smells this bad”

See you next week. Until then, check out the full archive of columns and podcasts at www.lincolngomez.com. Because staying informed never stinks.