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The Ministry of Ecological Transition has decided to appeal, in extremis and after a tense period of doubts and hesitation, the annulment of the works of the Mularroya reservoir by the National High Court, which in a resolution issued last April declared the work of the reservoir null and void, arguing that it did not comply with European regulations on hydrological environmental protection, the Water Framework Directive.
This was the fourth ruling against the project in response to the allegations of two environmental organizations, Jalón Vivo and SEO BirdLife, which are now studying the step taken by the central government, which was in turn pressured by the Aragonese government. Now the appeal, together with those of the farmers and the construction companies, are being taken to the Supreme Court for it to decide.
The farmers of Jalón celebrated yesterday the challenge of the previous ruling, while Ramón Celma, spokesman for Agriculture of the PP and provincial president of the conservative formation, said that “Pedro Sánchez has been able to get out of his office and get to work for the people”.
Talavera la Vieja (Talaverilla) – Chronicle of a Death
Justice puts an end to a long judicial conflict over the planned reservoir in the middle course of the Gállego river, in Huesca. The ecologists, who denounced that the project did not comply with the Water Framework Directive, were right. The infrastructure, planned for hydrological regulation and irrigation in Monegros, cannot be built.
The Supreme Court has confirmed the ruling of the National High Court of July 2017, which declared null and void the preliminary project for the construction of the Biscarrués reservoir, in the area of the Gállego river, in the province of Huesca, as well as the environmental impact statement due to a breach of the 2000/60 EC standard – the Water Framework Directive – and has dismissed the appeal filed by the General Community of Irrigators of Alto Aragón.
Both appeals challenged the resolutions of the Directorate General for Water of the Ministry of Agriculture, Food and Environment of February 2012 and of the Secretary of State for Climate Change of July 2011, which gave the green light to the construction of the reservoir.
The Government of Aragón has asked the Ministry for Ecological Transition to appeal in cassation before the Supreme Court the judgment of the National High Court which partially upholds the appeal of SEO/BirdLife and Jalón Vivo and annuls the project for the construction of the Mularroya reservoir (Zaragoza). The irrigators and the UTE in charge of the construction will do so.
This was stated to the media on Monday by the Minister of Agriculture, Livestock and Environment, Joaquín Olona, who participated in the meeting chaired by the head of the Aragonese Executive, Javier Lambán, with the irrigators of the Jalón river basin, in the Pignatelli Building.
The regional government has conveyed to the irrigators all its support “to guarantee not only the continuity of the works, but also their completion and commissioning”, continued the Minister of Agriculture, who will take “all the political and institutional measures” to complete “this essential work for the development of Aragon and the fight against depopulation in the region” of Valdejalón (Zaragoza), as well as for “the protection and improvement of family farming”. Formal reasons In addition, the regional government will give the Central Board of Users of the Jalón “all the support it needs” to present its own appeal before the Supreme Court. It has stated that the ruling of the National High Court “is due to formal reasons which can be rectified and which must be rectified to guarantee the completion of the work and its entry into service”.
Izquierda Unida calls for the repeal of the Alarcón Agreement.
This 2020 order agreed the conservation of the hotel, housing, golf course and facilities that are currently built and in operation. Now the High Court overturns this ruling and agrees to the contrary. The complex will have to be demolished as the rest of the works and facilities.
The High Court of Justice of Extremadura already declared the development null and void in 2011, but the Junta de Extremadura tried to support this luxury resort by changing the Land Law affecting the area.
“Our recommendation is that the current use should not be maintained,” say the CSIC specialists. “The abandonment of the infrastructures without their demolition and removal of the debris is a bad solution, as it would not guarantee the total elimination of the human use of the infrastructures in the medium term.”
Following this study, the TSJ of Extremadura raised the case to the Constitutional Court. And in 2019, the TC declared the legislative change unconstitutional, which opened the door to its demolition. But in 2020, the court itself ordered a halt to any pending expansion, but decided that all buildings already built could be maintained, arguing the high economic cost of demolition and compensation.