The change establishes water shipments of 27 cubic hectometres, instead of the usual 38
The fifth section of the Contentious-Administrative Chamber of the Supreme Court has dismissed the lawsuit filed by the Government of the Region of Murcia against the change in the operating rules of the Tajo-Segura Transfer. Specifically, the Community’s claim pointed to Article 1, including two final provisions, dedicated, respectively, to the title of competence of the standard and its entry into force.
In that article, the operating rules for the Tajo-Segura transfer were established, determining the levels of the limits of the joint stocks of the Entrepeñas and Buendía reservoirs, based on the maximum annual levels and each monthly payment. The same structure is maintained with determination of the four levels, according to which transfers will be carried out and the annual maximums are maintained in each hydrological year.
Of the four levels already planned, levels one and two are affected by the reform, in which the transfer is conditioned to the incoming joint contributions to the Entrepeñas and Buendía reservoirs, whose annual maximums exceed 1,200 cubic hectometres before the reform. (level 1) to 1,400 cubic hectometres, after the reform; or contributions less than those mentioned (level 2).
On the other hand, in relation to level 2, in the original wording of the precept, a monthly transfer of 38 cubic hectometres was authorized, while the occasion of the reform is reduced to 27 cubic hectometres.
For the purposes of the appeal, the Second Additional Provision states that the reform would enter into force the day after its publication in the BOE.
The lawsuit, in addition, requested that the aforementioned regulatory provision be declared null and void, since it is considered that there are procedural defects in its approval, in particular, in relation to the justification and motivation of the reform.
In addition, it considered that the reform was not justified at the time it was undertaken, in that the approval of the Hydrological Plan for the year 2022 in the Spanish section of the Tagus River is pending, since if the flows of the transfer had been in force for more than five years, the opportunity of its reform is not justified at the gates of said approval, as is even proposed in the same report in which it is said to found the reform.
The High Court warns that there is no appeal against the resolution issued.
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