Stoppage for the “ basin » of Sainte-Soline: the contested irrigation reserve, in the west of France, is one of the four projects declared illegal this Wednesday, December 18 by the Bordeaux administrative court of appeal. Justice considers that these reserves threaten the survival of a protected bird species, the little bustard.
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End clap for highly contested projects in France. The authorization granted to these four water reservoirs is suspended “ until possible delivery » of an exemption from the legislation on protected species, specifies the court. On the other hand, it estimates that the project, involving in total the construction of sixteen “ basins », as their opponents call them, does not harm the balance of water resources in the Marais Poitevin.
It is ” a victory for biodiversity against mega-basins », Estimate the ten environmental associations which had attacked the authorizations issued by the State to build and exploit these sixteen reserves. Among these is that of Sainte-Soline (Deux-Sèvres), scene of a violent demonstration in March 2023. Law enforcement were then strongly criticized for their use of force.
For the court, four of them are “ likely to destroy all or part of the habitat » of a species of protected plains bird: the little bustard, which has become the mascot of the opponents.
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Construction sites and fillings suspended, the water already present can be used
In these four zones, including that located in Sainte-Soline, “ the authorization issued is illegal due to lack of provision for an exemption “protected species”,” the court concluded. Looking forward to “ the possible issuance of this exemption “, it therefore suspended construction starts and future water filling of the four structures. “ Water stored » on the date of decision in the Sainte-Soline reserve, the only one of the four whose construction has been completed, can nevertheless be used this summer “ by connected farmers ”, without however “ give rise to a new filling », Specified the court.
The applicants – Nature Environnement 17, the Bird Protection League and fishermen’s federations – were dismissed at first instance in Poitiers. They also criticized the reserves project for “ substitution » harm the balance of water resources. These structures are filled in winter by pumping into the groundwater in order to irrigate agricultural areas in summer.
The court rejected these accusations, considering that “ the administration has conditioned the filling level of the reserves on compliance with relevant thresholds set with regard to the level of the water table “. According to justice, the project “ does not disregard the principle of balanced and sustainable water management “.
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A decision which confirms the positive effects » of this kind of projects?
Thierry Boudaud, president of the Coop de l’eau, is therefore pleased that this decision comes “ confirm the positive effects of the substitution principle and the interest of the project “. Its group of 450 irrigating farmers carries this project, often presented as “ vital » by farmers facing the threats of repeated droughts linked to climate change. “ There are no deductions cancelled, this is positive and important for farmers, particularly those in Sainte-Soline who will be able to work this summer. We will complete what is missing on the exemption, it will take a few months “, he reacted.
Currently, of the sixteen reserves of this project financed 70% by public money, only one is operating, in Mauzé-sur-le-Mignon. The filling of the Sainte-Soline one began this winter and two projects are underway in Épannes and Priaires. Another is planned in Saint-Sauvant (Vienna).
The associations behind the appeal “ wonder » for their part in a press release « on the obstinacy of the State and the Water Cooperative in continuing this harmful project, deemed oversized and harmful to biodiversity by two courts “. Beyond this project, they recall the decision with immediate execution of the Administrative Court of Poitiers. At the beginning of July, the latter had reduced by a quarter the maximum authorized volume – considered excessive – for all water withdrawals intended for irrigation in the Marais Poitevin. The state, in turn, appealed in one of many legal disputes related to these reservations.
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