In April 2000, the Constitutional Court of Spain upheld a law
passed by the regional parliament of Navarra in 1996. This allowed
changes to two nature reserves in a zone designated as a special
protection area under the 1979 EU Wild Birds Directive. This could
potentially legalise the completion of the dam.
In now remains to be seen what the outcome will be, but the campaigners
remain cautious. Most of the dam was built during the time since
it was declared illegal in 1997, and this construction has been
allowed to continue unhampered.
Spanish Supreme Court deals blow to Itoiz dam
Environment Daily
1202, 23/04/02
Spain's supreme court last week threw out an appeal by the Navarre
regional government against its 1997 order enforcing protection
of three designated nature reserves. The ruling puts another obstacle
in the way of efforts to start filling the controversial Itoiz
reservoir.
Navarre continues to defend the project's legality. Spokesperson
Nuria Iturriagagoitia insisted yesterday that Spain's constitutional
court would have the final word in the complicated 11-year legal
battle over the project. In a ruling issued two years ago, this
court backed the dam's construction (ED 15/03/00 http://www.environmentdaily.com/articles/index.cfm?action=article&refr2
3).
Despite repeated legal setbacks and question marks over safety,
work has continued on both the now-completed dam and accompanying
irrigation canal at an estimated cost to date of euros 200-300m.
However, the reservoir remains empty despite repeated official
assurances that filling will go ahead (ED 27/09/01 http://www.environmentdaily.com/articles/index.cfm?action=article&ref6
94).
The dam is required in a non-explicit way to make the Ebro transfer
(main bulk of the Spanish National Hydrological Plan) possible.
The "official" objectives of the dam are to supply water
to Pamplona and to establish new irrigation in Navarra.
"Unofficially", it will be used to ensure a sufficient
volume of water in the Ebro so the required water (the infamous
1050 hm3) can be transferred.
Complaints to the European Commission, both in the past and now,
have not resolved favourably for nature conservation, but last
week's Spanish Supreme Court decision could make the difference.
Follow-up:
Spanish supreme court, tel: +34 91 397 1000;
Navarre government
http://www.cfnavarra.es/INDEX.HTM,
Tel: +34 948 427 000
Here's An Old Press Release For Background Info
"Potentially Catastrophic" Spanish Dam Goes Ahead
Press release February 21 , 2001
Spanish authorities have decided this week to proceed with filling
the controversial Itoiz Dam within the next month. This decision
comes in the wake of a new report by an internationally renowned
engineer that indicates the project has an extremely high risk
of catastrophe, and would never be permitted in any other EU country.
Professor Arturo Rebollo Alonso will now go before the parliament
in Navarra to explain the risks.
His report shows there are seven "catastrophic points"
in the project, and that any one of those should be enough to
place the future of the project in doubt.
One of the major risks identified by Professor Alonso was the
combination of the instability of the dam site with the fact that
the Asco Nuclear Power Plant is located down river from it.
If the dam breaks the consequences could be extremely serious.
Local people are calling for an immediate moratorium on the filling
of the reservoir until an international panel of experts is confident
that it is safe.
This new report supports the findings of other eminent geologists
and engineers, including a report by the Spanish Ministry of the
Environment itself, which labelled the project "maximum risk".
Antonio Casas, Head of the Department of Geodynamics at the University
of Zaragoza, also produced a report several years ago that advised
there could be "catastrophic consequences" if the reservoir
were filled.
The motives behind the construction of the Itoiz Dam have always
been unclear, and local people have fought against it for 17 years.
In the past, the project has been connected with high-level corruption.
One former Prime Minister of Navarra and a former Minister of
Public works have served prison sentences for fraud relating to
the funds of the project. The strength of public opinion against
the dam has meant it has become one of the most controversial
environmental issues Spain has seen.
The struggle against it has seen demonstrations of over 15,000
people and the imprisonment of several local people for non-violent
actions against the project. Last year the protest group Solidarios
con Itoiz‚ toured Europe spreading information about the
dam, and doing spectacular actions at the tops of famous public
monuments, including the Millennium Wheel in London, the Brandenburg
Gate in Berlin and St Peters Dome in the Vatican. The protesters
gained massive international support which has resulted in an
international protest camp in the Basque Country, and numerous
demonstrations throughout Europe.
When confronted by the news that the filling of the dam was imminent,
a spokesman for the protesters said: "We will not give up
in our struggle against the dam. The future of our community depends
on it. This is a dangerous and destructive project which must
be stopped before it causes an environmental and humanitarian
disaster."
