A farmer from the Spanish region of La Rioja was fined 7,500 euros for illegally withdrawing water from a river to irrigate agricultural crops, in a sanction confirmed by the Superior Court of Justice of La Rioja. At issue was the use of a pumping engine placed in the Tirón river basin, without administrative title, in a drought context.
According to Noticias Trabajo, a website specialized in legal and labor matters, the Superior Court of Justice of La Rioja confirmed the sanction applied by the Confederación Hidrográfico del Ebro and rejected the arguments presented by the farmer in the appeal, considering the derivation of water from the public hydraulic domain without valid authorization proven.
The first complaints date back to April 2023 and came from both the local Regantes Community and SEPRONA of the Guardia Civil, according to the same publication. At the scene, agents detected an irrigation installation connected to a motor installed directly on the riverbed, in the municipality of Cuzcurrita de Río Tirón.
Pipes, sprinklers and recently watered ground
During the inspection, the Guardia Civil found a network of pipes approximately one kilometer long, laid out along a rural path, as well as sprinklers mounted on several agricultural plots. The soil showed signs of recent moisture, despite it not having rained in the previous days, during a period of drought.
According to the same source, to install the equipment in the riverbank, unauthorized interventions were carried out in the riverside area, including cutting down trees and altering the soil on the bank.
The sanctioning process includes photographic records that document the irrigation system and the state of the crops. Still according to the same source, initially the farmer admitted the facts, stating that “water was always taken from the river”, claiming that it was a common practice in the area.
Farmer denied effective use of water
In his defense, the farmer maintained that there was not sufficient evidence that the water had actually been used for irrigation, arguing that the simple presence of pipes and sprinklers did not demonstrate, in itself, the capture of water from the public domain.
According to Noticias Trabajo, the farmer also alleged a lack of proportionality in the fine imposed and requested that, if there is a sanction, the amount should not exceed 500 euros. The request was rejected.
Court classifies infraction and confirms sanction
The court considered that the Guardia Civil’s inspection and records were sufficient to support the facts established. According to the news, the legal framework was created under the Recast Text of the Spanish Water Law (Real Legislative Decree 1/2001), namely article 116.3 b), which provides for an infraction to derive water from its reservoirs without the corresponding concession or authorization when required.
According to the , the sanction also took into account the area irrigated without authorization, exceeding 11 hectares, as well as the damage caused to the public hydraulic domain.
Appeal rejected and costs to be paid
The Superior Court of Justice of La Rioja dismissed the appeal and confirmed the fine of 7,500 euros imposed by the Confederación Hidrográfico del Ebro. According to the same source, the farmer was also ordered to pay costs, with a maximum limit of 1,000 euros.
And in Portugal?
In Portugal, the capture or derivation of water from rivers, streams or aquifers for agricultural purposes is, as a rule, subject to the use of water resources.
The regime provides that authorization, license or concession constitute titles of use, in accordance with Decree-Law no. 226-A/2007 (regime for the use of water resources) and Law no. 58/2005 (Water Law).
The Portuguese Environment Agency (APA) explains that these titles are granted by the territorially competent Hydrographic Region Administration Departments and may be required for different types of uses, including abstractions.
Use without the respective title may give rise to administrative offense proceedings and relevant fines, the value of which depends on the seriousness of the case and the degree of guilt, in accordance with the framework law on environmental offenses (Law no. 50/2006).
In periods of drought, the APA has also indicated that there may be restrictions on the licensing of new catchments in areas in critical condition, which reinforces the scrutiny on uses without legal framework.
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