Tribunal Supremo y régimen de caudales ecológicos del Tajo

  1. Antonio Fanlo Loras
Revue:
Revista Aranzadi de derecho ambiental

ISSN: 1695-2588

Année de publication: 2023

Número: 54

Type: Article

D'autres publications dans: Revista Aranzadi de derecho ambiental

Résumé

Five Supreme Court rulings in 2019 have annulled some articles of the Tagus Hydrological Plan, 2016-2022, for not setting environmental objectives and ecological flows in all bodies of water. These rulings do not declare that the established environmental flows must be increased and reject the appellants' proposals to increase them, as this task corresponds to the Administration, which must take into account the effects that they would have on existing uses. The use of the Tagus-Segura Water Transfer constitutes a "pressure" which the Tagus Plan must assume, as long as it is not modified by the legislator. In this sense, the "river flow of not less than 6 m3/s of the Tagus at Aranjuez" is a hydrological condition established by the special laws of the Tagus-Segura interbasin water transfer, which must be respected by the Tagus hydrological planning.