Aug 1, 2011

The Supreme Court establishes that C-LM does not have permissions to the conditioning of the transfers in the Tagus basin-Segura

The Supreme Court has been se alado, giving the Junta de Comunidades of Castilla-La Mancha in no body Conditioning diversions in the Tagus basin-Segura water which spend big in different communities aut nomas.
As fixed sentence, which was to access Europa Press, 11 February, a third room Secci n fifth Supreme Court that administrative proceedings desestima appeal in March 2009 by the Junta de Castilla-La Mancha, Spain against the agreement, the Council of Ministers on 16 January 2009, decidi shift 44.5 hect metros (c) of the destination to bicos in the Tagus basin-Segura Aqueduct.
The agreement, the Council of Ministers shall lay down that the quantity of water to 24.5 hect metros c bicos for supplies destined for the population and irrigation c bicos 20 hect metros to ensure the survival of plantation le osas.
Se alaba Board reference should not be a Evaluaci hab n obligatory environmental impact in accordance with the law of Evaluaci (n) the environmental impact of Castilla-La Mancha, Spain. In its judgment, the Court pointed out that "such standard auton mica is not aplicaci n in relation to the transfer basins", which are those that pass through the m s Community Aut noma, ' the est n subject to State standards in accordance with the principles and legal entities established ".
Resoluci n Court alleges also that interpretaci n standard auton mica "nicamente can become as Constituci n, so are banished these interpretations involving vulneraci n the same is what a suceder if relating to the various basins shifts Make tabula rasa diferenciaci n between intercommunity basins and poultry".

Adem s, Jos Mar a Barreda Government questioned the "particularly" in his appeal to transfer 20 hect metros bound for irrigation, "then your needs not est duly justified in administrative proceedings, which are, in particular, the contested act lacked the necessary motivaci n", dec.
The sentence says that in the case of administrative work, "the reasons for his already se ala decisi n water transfer". AS, he points out that "despite the rain ltimas, tanks head contin an Tagus basin River in situaci n exceptional quality and reserves sit an around 359 hect metros c bicos, more than 240 c bicos hect metros volume limits established by the law of the national plan of Hidrol and gico of 2001, below which the water does not need to send" "to be able to guarantee the Tagus basin atenci n needs".
In this way, the highlights of the Supreme Court "situaci n exceptional" is its thorough report situaci n justificaci n Explotaci n n median Comisi Tagus basin-Segura Aqueduct on December 29, 2008.
In this report adds resoluci n, examines the details of the method of origin and the receiving basin, embalsados vol menes, his evoluci n and projections, adem s tables contained in the annex, expressing in consumption and os hidrol gicos.
Furthermore, the Court refers to the Direcci n General water report, which explains the background, forecasts and water requirements for different use. In this way, consider that these reports "to ensure the appropriate justificaci n transfer agreements", showing that such an administrative act is based on rational interpretaci n, and is not the result of samowolnym or on its own.
In this connection, the Declaration stresses that "the contested agreements do not suffer because of lack of motivaci n," as expressed reasons decisi n water transfer. In the appeal were called General Administraci n Central Union of watering in the Tagus basin-Segura Aqueduct and Generalitat valenciana.

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