The Generalitat Lawyers have finally taken the step forward and, after receiving the authorization of President Ximo Puig and the Minister of Agriculture, Mireia Mollà, presented this Wednesday in the Supreme Court the appeal requesting the annulment of the decree of the last July 27 with which the Ministry for the Ecological Transition modified the rules of the exploitation of the Tajo-Segura transfer, the first step in the series of cuts planned to reduce the shipment of water from the Tagus to the province of Alicante and Murcia. The decision, announced in its day by Puig, comes six days after the Provincial Council did the same and three months after the Generalitat lawyers began to work there in July. Yesterday, sources from the Presidency pointed out that President Puig continues to work on an agreement to guarantee quality water and good price.
Meanwhile, the lawyers allege that the decree does not comply with the Law and causes damage to the water management dependent on the Tajo-Segura, in clear allusion to Alicante farmers, who in the worst case scenario since the new regulations came into force , could see the transfer water cut by up to 132 hm3 to be replaced by desalinated water, six times more expensive.
For the moment, the modification will prevent, for example, in a good year, such as the last hydrological one, between October 2020 and last September, from reaching around 66 hm3, which must be supplied by desalinated water in Torrevieja and Murcia, which, for the moment, cannot produce it either. With the current operating rules, the maximum annual transfer may not exceed 324 hm3, when at least 400 hm3 would be needed, given the water deficit of the Segura basin. Desalinated water that costs at a rate of 0.70 euros / m3 for the 0.17 euros / m3 of the Tagus flow. A price that is pending the incorporation of photovoltaic energy to power the desalination plants.
The Consell is thus positioned in the defense of the interests of irrigators after months of hesitation, although President Ximo Puig has always defended that “we want water to be guaranteed forever. Quality water at a sustainable price must be guaranteed to maintain Europe’s garden. The Generalitat Lawyers’ Office had spent months preparing the document of the appeal to the change of the exploitation rules that compromises the water supply in the south of the Community, but until yesterday the step had not been taken. The County Council was ahead of them.
Almost at the same time as the appeal was filed, the Supreme Court admitted the appeal filed by the Provincial Council against the Government decree by which the modification of the exploitation rules of the Tajo-Segura transfer was approved last July.
The president of the Alicante Provincial Council, Carlos Mazón, showed his satisfaction with the decision of the Supreme Court to admit for processing the contentious-administrative appeal presented by the provincial institution against the cut-off of the Tajo-Segura transfer.
«The Supreme Court’s decision is an important and positive step for the defense of the Tajo-Segura because we are convinced that We have the legal and technical arguments that support our opposition to the Government decree that modifies, in an extemporaneous and arbitrary way, the rules of exploitation of the transfer “, stressed Mazón.
Defense of the province
The president pointed out, in this sense, that this appeal “does not pursue anything other than defend the interests of the province of Alicante and, therefore, we feel absolutely legitimized to undertake all those actions that prevent an infrastructure vital for the future of this land from being put at risk, both from an economic and environmental point of view ”. The president asserts that the admission of this appeal by the high court “shows that the Provincial Council is competent in this matter” and contradicts the statements of the general director of Local Administration of the Consell, Toni Such, in which he affirmed that it was competence of the Generalitat and not of the provincial institution.
«Finish this resource, that It is difficult because with the trap around the Tajo-Segura they have taken great pains to weave it very well, and even knowing that where we play the most in the expected increase in ecological flows, the fact that the jurisdiction of the Alicante Provincial Council to be able to process the appeal in the Supreme Court has been admitted will silence many mouths, “said Mazón.
Forty lawsuits in defense of the aqueduct
The Generalitat assures that Ximo Puig has gone to court 40 times in defense of the Tajo-Segura transfer since he became president of the Generalitat in 2015, which is equivalent to once every month and a half, either with the Government of Mariano Rajoy or against the Executive chaired by the socialist Pedro Sánchez. Four are direct processes against the Executive in which the Consell has been the plaintiff with a direct appeal against Ecological Transition to defend the interests of irrigators and, in addition, it has participated another 35 times in procedures related to other administrations, such as the government of Castilla la Mancha.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.