Justice does not validate the controversial project of mega-basins intended for some farmers of the Loire-Brittany basin. On February 21, 2023, the Administrative Court of Appeal of Bordeaux “confirms that the withdrawal of 1.6 million cubic meters of water for the irrigation of farms in this department is illegal. »
Entered by the Nature Environment association 17the administrative court of Poitiers, by a judgment of June 4, 2020, annulled an order of the prefect of Charente-Maritime of January 21, 2019 which authorized farmers to withdraw and store large volumes of water for the purposes of irrigation.
Reserves not compatible with the water management plan
The court had then pointed out that the quantities envisaged were not in accordance with “the regulation of the water development and management plan (SAGE) of the Sèvre Niortaise and the Marais poitevin, the purpose of which is in particular to ensure a balanced and sustainable management of water resources”, points out the administrative court of appeal of Bordeaux, this Wednesday, in a press release. It confirms the excessive nature of the withdrawal volumes authorized by the prefectural decree.
The latter, which aims to help farmers cope with episodes of drought, authorized the mixed union of substitution reserves of the department a project to build and operate six substitution reserves for agricultural use.
The court recalls that the SAGE, which governs all administrative decisions relating to water, limits the volumes withdrawn to 80% of the maximum annual volume previously withdrawn from the natural environment. “After having invalidated the method of calculating the samples taken previously, which had led to overestimating their importance, the court finds that the water storage volumes authorized by the prefectural decree exceed this threshold by 80%”, concludes the press release. .