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Poitiers Administrative Court Recommends Cancellation of Irrigation Reserves Decree: Legal Arguments and Concerns

This morning, the Poitiers administrative court, requested by environmental associations, was to rule on the legality of a prefectural decree authorizing the creation of six irrigation reserves in Vienne. The public rapporteur recommended its cancellation.

On this Tuesday morning, the public rapporteur had revised his classics of Greek philosophy and mathematics! After a very historical introduction to water issues, conflictual since Antiquity and throughout the centuries, he raised two legal arguments against the irrigators’ project, with a calculator to support it.

Firstly, the calculations presented by the State services (the BRGM, Bureau of Geological and Mining Research) would not take into account winter samples.

Secondly, the State authorizes its projects on the condition that they make it possible to maintain the balance of water uses. However, still detailing the data transmitted by the BRGM, the rapporteur assessed that the project, as presented, would lead to an increase of 15 to 30% in irrigation volumes.

“Certainly, the idea is to transfer volumes to the high water period, but not to unbalance water uses. However, the La Pallud sub-basin is already in deficit”argues the public rapporteur.

The project seems largely oversized to us, especially as the BRGM admits that the impact of climate change has not been taken into account.

The public rapporteur

Administrative Court of Poitiers

He therefore concluded that the order should be annulled.

The court will make its decision in 15 days.

Me Samuel Delalande, lawyer at the Rennes bar, represented the environmental defense associations which had taken the matter to court. He also developed in his conclusions the failure to take into account all the samples.

It’s DIY! Now we are trying to carry out a process to legitimize [les volumes]. Obviously, it doesn’t work.

Me Samuel Delalande

Lawyer for environmental associations

And to emphasize: “The protocols challenged today in court were not signed by people who participate in public establishments, in particular in charge of drinking water, nor by fishing and nature protection associations. So we have no consensus at all on the use of water today.

The lawyer representing the irrigators of Scage de La Pallud did not wish to speak.

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