The Confederation will ask the Community for a new request for authorization to continue with the elevation
The Segura Hydrographic Confederation has paralyzed the elevation of the Rambla del Albujón as a result of the recent ruling of the Superior Court of Justice of the Region of Murcia (TSJRM), which considers the authorization issued by the Autonomous Community of the Region of Murcia for incidental or occasional dumping.
As indicated by the CHS, given that the ruling of the Contentious Administrative Chamber of the TSJ “invalidates the aforementioned authorization issued by the CARM, the Confederation will formulate, before the regional administration, a new request for authorization for accidental discharge or occasional”.
Therefore, and until the pertinent authorization is received, the CHS orders the paralysis of said hydraulic infrastructure.
The magistrates of the Chamber of the TSJ -María Consuelo Uris, Pilar Rubio and Esperanza Sánchez- agreed with Ecologistas en Acción in the contentious-administrative appeal filed against the Ministry for a resolution of the General Directorate of the Environment of April 8, 2020, which was issued at the request of the CHS. The basin organization requested this environmental permit before restarting the pumping, to avoid complaints or later problems, since the installation suffers continuous breakdowns and stoppages. Technically, this fortuitous discharge must be carried out through a spillway parallel to the boulevard, which was built expressly for that purpose.
The TSJ argues that the fortuitous discharge order of the Ministry does not fit nor is it foreseen in two decrees of 2019 and 2020 on the protection of the Mar Menor. Remember that, according to the latest reform, discharges of groundwater are not allowed, in general, beyond three years, but in the present case up to four years had been authorized. The TSJ Chamber does not assess the pumping system and also stresses that “it should not be forgotten that the efforts of the administrations involved are currently focused on the ‘zero discharge’ project to the Mar Menor”.
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