The Fourth Section of the Contentious-Administrative Chamber of the Valencian high court has partially upheld the appeal filed by the Xúquer Viu association against various administrative decisions. The judicial decision annuls two resolutions from February 12 and 16, 2024, by the Water Commissioner of the Júcar Hydrographic Confederation (CHJ), which authorized the diversion of surface water from the Júcar River, at the Marquesa weir (Cullera), for its distribution in the Vinalopó-Alacantí system.
However, the TSJCV has dismissed the challenge to addendum number 1 of the agreement between the CHJ and Sociedad Aguas del Júcar SA, signed on October 27, 2023. The magistrates reject the argument that the March 2007 agreement had expired, stating that the Water Law mandates mechanisms to pass on water management costs to end-users.
“"Given the high economic cost of executing hydraulic infrastructures, more than 250 million euros in total, carried out with the State Society's own funds, and with European financing, it is illusory to consider it viable with a duration of four years (and even eight) and to comply with the legal mandate of cost recovery."
The court also does not agree that the challenged addendum conceals a new agreement or that its necessity was not justified. The judicial decision indicates that the water diversion authorizations from February 2024 violated Article 53.3 of the regulatory provisions of the Júcar Hydrographic Demarcation Hydrological Plan, which required a prior annual exploitation plan, a plan that was not approved until February 2025.
The current ruling by the TSJCV is not final and can be appealed before the Third Chamber of the Supreme Court.
