The Supreme Court has dismissed the precautionary suspension of the flow cut in the Tajo-Segura transfer for the years 2026 and 2027 established by the central government in a royal decree last January.
Contrary to what was sustained by the Valencian Generalitat, the magistrates believe that with the refusal they are not depriving the appeal that said regional government has raised against the Royal Decree of its legitimate purpose.
The Government headed by the socialist Ximo Puig presented a contentious-administrative appeal against the provision of the royal decree referring to the ecological flows of the Tagus hydrological plan, which reviewed the hydrological plans. Puig considered that the revision of the Hydrological Plan was “an arbitrary decision that is not based on technical criteria.” As a precautionary measure, his appeal requested the suspension of the staggering of flows between the Bolarque dam and the Valdecañas reservoir.
The Supreme Court rejects that, if the suspension is not agreed, the sentence that may be handed down in due course is deprived of effectiveness, since the challenge refers to provisions that would not be applied until 2026 and 2027, which it considers to be a more than reasonable time. so that the Chamber can pass judgment. Without prejudice, he adds, that the precautionary measure can be requested at any time.
Nor does it appreciate that the Generalitat has reasons that justify the suspension from the perspective of the appearance of good law, which the Supreme Court handles prudently because it assumes “a pronouncement on the merits of the dispute in the initial moments of the process.”
The reform of the Hydrological Plan has as its main novelty the establishment, for the first time, of an ecological flow at the headwaters of the Tagus. The decision meant rekindling the water war, with the Valencian Community against and Castilla-La Mancha in favor. The Executive of Pedro Sánchez argued that the measure was mandatory, after several European and Spanish rulings that imposed fines and urged the Government to set ecological flows.
After the approval of the modification, irrigators from Levante demonstrated in front of La Moncloa. “You are drowning us and not with water”, read the banners of the farmers, as well as “No to cutting the transfer” and “Less transfer = less future”.
According to the criteria of The Trust Project
