The eight unlicensed wells next to Doñana that Casa de Alba has on its Aljóbar farm, in the Sevillian municipality of Aznalcázar, are not going to be closed despite the fact that they have been hunted for the second time extracting water illegally. This has been decided by the judge investigating the possible environmental crime due to the use of these collections, who has denied the request made in this regard by the Environmental Prosecutor’s Office since he considers that the current evidence does not provide “sufficient criminal indications.” .
For this reason, it considers that it is not appropriate to “agree on precautionary measures through criminal means” such as sealing these extractions. Of course, it leaves the door open to make this decision through administrative means if the Water Commissioner (dependent on the Guadalquivir Hydrographic Confederation, CHG) considers that an infraction has been committed, granting him judicial authorization to enter the property if he decides to proceed in this regard.
The wells were sealed for a few months due to their possible use for “illegitimate irrigation”, since Eurotécnica Agraria (the company of the ducal house that manages these lands) has authorization to use only one well. Last May, the judge ordered the lifting of the blockade of these facilities, a decision that was opposed by the Environmental Prosecutor’s Office, which filed a complaint for “illegal withdrawal of water” and began a process for which it is called to declare Eugenia Martínez de Irujo, Duchess of Montoro, under investigation.
Confirmation that they are “drawing water”
A new inspection of the estate by agents from Seprona and the Water Commissioner’s Office, which was verified on November 11, has once again confirmed that the wells “are equipped with collection elements and extracting water,” as stated. as highlighted in the document that the Civil Guard has sent to the court. This, despite the fact that when they were unsealed in May, the property was informed that it could not use them until its situation was regularized, a process in which Eurotécnica Agraria is embarking in parallel to the judicial process.
With this new turn of events, the Prosecutor’s Office has made it clear to the judge that the deposits are operating “without the required authorization of use and without a volumetric counter”, which makes it impossible to verify what volume of resources has been withdrawn. “The extraction of water is illegal,” he insists, which is why he requests that “as a matter of urgency” it be resealed due to “the improper use that is being made.”
In his opinion, this action by the Casa de Alba company is “perpetuating the situation of illegality” that is being investigated, “with the consequent damage to the environment that may be generated.” The prosecutor considers that adopting this precautionary measure does not prevent the seal from being lifted if the situation is regularized.
There are “not sufficient indications of the criminal nature”
In response to this request, the magistrate points out in an order (dated November 27 and to which this newspaper has had access) that “he reiterates again the same reasoning” that he used to lift the seal on the wells in May: with the evidence that exists so far, “the alleged crime “which requires the criminal offense of causing serious damage to the environment” is not sufficiently determined on an indicative basis. Given the lack of “sufficient criminal evidence”, he considers that “it is not reasonable to agree on precautionary measures through criminal means” but that this does not prevent the administrative authority (in this case, the Hydrographic Confederation) from taking the steps it deems appropriate “if it is considered that an infraction has been committed.”
“There is nothing in the way,” the judge points out, for the Water Commission “to agree to these precautionary measures for the extraction of pumping equipment and sealing of the wells.” To this end, what the resolution does is grant judicial authorization to this body so that its agents can enter the property – thus saving a possible opposition from the property – and proceed by administrative means to seal the wells.
And why does the instructor consider that he does not have sufficient evidentiary elements? Well, because the report that it commissioned from the Confederation itself confirmed the “intensive exploitation” of the groundwater from which the taps extract without a license, but concluded that “it is not possible to specify that the only cause” was the property of the Casa de Dawn. This aquifer (Aljarafe Sur, which borders the one that supplies Doñana) is officially declared in good conditionalthough the study warned that it is at the lowest levels since records exist.
Waiting for a final report
Regardless of what the water authority decides to do through administrative means, the criminal path is at the expense of a report requested by the Prosecutor’s Office to determine the possible damage caused by these wells, which is carried out by the Central Environmental Operational Unit of Seprona. and that it is “fairly advanced.” Precisely, while waiting for this technical study, the judge recently decided to extend the investigation for another six months.
The instructor also reminds the Hydrographic Confederation that the ongoing criminal process “is neither an obstacle nor an obstacle” to continuing the processing of files in relation to these non-legalized extractions. Agrarian Eurotechnique has presented a project for the reorganization of irrigation rights which it has that includes the regularization of these wells and that has received an initial approval from the Confederation, since it does not imply greater use of water and can improve the hydrodynamics of the aquifer.
Calculation of extracted water
In his complaint for environmental crime, the prosecutor calculates that only in an agricultural campaign and in the middle of a drought these facilities without permission would have pumped 305,851.73 cubic meters (305 million liters) for “illegitimate irrigation”, 50% more than what has been granted. This extra amount is economically quantified at 36,702.16 euros. The company, for its part, admits that these wells were used, but that it never drew more water than it is authorized to do.
The judicial case – which also investigates an accusation of disobedience for preventing the Civil Guard from accessing the property – 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 “illegally” removed. The farm has permission for a catchment to irrigate 200 hectares in which it grows gourmet oranges, and has also authorized another well for domestic use, as well as a pond to accumulate water and with a capacity for 305,000 cubic meters.
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