Alicante, Feb 27 (EFE) of Entrepeñas-Buendía in November 2020.
The sentence, to which EFE has had access, condemns Castilla-La Mancha to pay the costs of the process, by agreeing with the Ministry for Ecological Transition, as defendant, and also with the Generalitat Valenciana and the Central Union of Irrigators del Tajo-Segura, co-defendants.
Faced with the resources of Castilla-La Mancha, the Chamber includes in the text that the amount to be transferred monthly “is determined directly by the norm, without there being an administrative decision.”
Thus, it stresses that “it cannot be said that the appealed Ministerial Order fails to comply with the objective of the fifth additional provision of Law 21/2015 -by which the transfer was regulated at that time-, not having proven otherwise by the party recurrent”.
Likewise, in view of the lawsuit in which it is ensured that there is a lack of transparency on the part of the Tagus Hydrographic Confederation, the sentence affirms that “the information not only includes that necessary to apply the exploitation rule, but also that referring to the compliance with the discharges in reference at the headwaters of the Tagus”.
In the judgment, it is highlighted that the data to which the appellant alludes, by which it ensures a lower volume of water, “refers to the Entrepeñas and Buendía reservoirs”, but “the variation of the reserves in Entrepeñas and Buendía does not have to coincide with the balance of inputs and outputs”.
For all these reasons, the Chamber dismisses the contentious-administrative appeal filed by the Community Board of Castilla-La Mancha against the ministerial order by which the transfer was authorized and imposes the costs on the plaintiffs.
However, the ruling can be appealed to the Supreme Court within 30 days.
Sources from the Consell have explained that this sentence confirms and “is another example of the defense of the transfer and the interest of the irrigators that the Generalitat has always exercised”.
