New precautionary closure of the illegal wells of the Casa de Alba while the investigation continues into whether, with their use, an environmental crime has been committed, as maintained by the Environmental Prosecutor’s Office. Although the judge points out that he does not see sufficient evidence to seal them through criminal means, in an order from the end of November he opened the door to doing so through administrative means if the Guadalquivir Hydrographic Confederation (CHG) – which has the powers of the Water Commissioner – considered that some infraction had been committed. And this state body, dependent on the Ministry for the Ecological Transition (Miteco), has decided to proceed in this sense and close them again this Friday, December 20.
In total, there are eight unlicensed wells that the Casa de Alba has together with Doñana on its Aljóbar farm, in the Sevillian municipality of Aznalcázar. After a complaint from former workers, last year the Civil Guard and the Water Commission certified that they had been used despite lacking a permit, so they proceeded to close them within the framework of the judicial process for which they are summoned to testify. as investigated Eugenia Martínez de Irujo, Duchess of Montoro.
In the midst of the investigation, the judge ordered last May to lift the blockade of these facilities despite the opposition of the prosecutor, ordering the property not to use them until it had the corresponding license. Eurotécnica Agraria (the company of the ducal house that manages these lands) has authorization to use only one well and is processing permits to use the other eight. Despite not having authorization yet, on November 11, the Civil Guard and the Water Commissioner certified that they were once again pumping water: it was found that the intakes were in use, without volumetric control and, furthermore, in a “situation of waste with significant water leaks in the pipes”, as highlighted by the Confederation itself.
There are “not sufficient indications of the criminal nature”
The Environmental Prosecutor’s Office then proceeded to request again the precautionary seal of these collections, but the judge noted in his order that the current evidence does not provide “sufficient criminal indications” to do so. For this reason, he pointed out that “it is not reasonable to agree on precautionary measures through criminal means”, but “leaving aside the possibility of adopting these measures by the administrative authority”, the Confederation of the Guadalquivir, “if it is considered that an infraction has been committed ”.
In anticipation of this, the magistrate issued an official letter authorizing Confederation personnel to enter the property, to pave the way “in the event that precautionary measures were agreed to seal off those wells and entry was denied due to the property.” . In this sense, the case is investigating not only a possible environmental crime, but also another of disobedience for not allowing those responsible for the property to enter for an inspection at first.
On December 10, the CHG received this order from the Court authorizing entry into the property, a judicial resolution that also implies the lifting of the suspension of the sanctioning procedure initiated last year. With this judicial permission, the Confederation emphasizes that “it has prepared the intervention as quickly as possible” to proceed with the precautionary closure of the intakes.
Regarding the case being heard by Court 1 of Sanlúcar la Mayor, the Casa de Alba company alleges that it has never used the wells without a license and that, in any case, it has not extracted more water than it is authorized to do. . Despite this, the prosecutor calculates that only in one agricultural campaign and in the middle of the drought he would have pumped 305,851.73 cubic meters (305 million liters) for “illegitimate irrigation”, 50% more than what he has been granted. This extra amount is economically quantified at 36,702.16 euros.
“Illegally” extracted water
The investigation attempts to determine the total irrigated area and existing crops in the last ten years, as well as the minimum amount of water that may have been “illicitly” withdrawn. The Aznalcázar farm has permission for a catchment to irrigate 153 hectares where it grows gourmet oranges, and has also authorized another well for domestic use, as well as a pond to accumulate water with a capacity of 305,000 cubic meters.
The reason why the instructor considers that he does not have sufficient evidence to take criminal action is a report from the Guadalquivir Confederation itself: in it he points out that “it is not possible to specify” that Aljóbar is “the sole cause” of the “exploitation.” intensive” that the aquifer from which the resources are extracted has suffered. These underground waters (from the Aljarafe Sur mass, which borders Doñana) are officially declared in good conditionalthough the study warned that it is at the lowest levels since records exist.
The magistrate is also waiting for a report requested by the Prosecutor’s Office to determine the possible damage caused by these wells, an analysis that is being carried out by the Central Environmental Operational Unit of the Seprona of the Civil Guard and which is “quite advanced” . Precisely, while waiting for this technical study, the judge recently decided to extend the investigation for another six months.
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