The reduction of the ecological minimum flow puts the health of the rivers of Busturialdea (Oka, Mape and Gola). The measures approved in the last Water Council of the Basque Country put at risk, according to Ecologists March and Sunthe health of the rivers of Busturialdea (Oka, Mape and Gola). The reduction of the ecological flow, the minimum that guarantees the life of the river’s flora and fauna, is unnecessary and a threat to the environment. The exemption from the canon, retroactively, was approved through the Budget Law of the Basque Government.
After attending the session of the Basque Country Water Councilthe environmental organization denounces the approval of the reduction of ecological minimum flow in the rivers of Busturialdea (Oka, Mape and Golako) and the exemption from paying the water fee retroactively. These two measures represent a comparative grievance in equal treatment and a threat to the area and have been approved in a process not free of doubts and irregularities. According to the environmental organization, URA states that “A consultation period was opened to the interested parties, the environmental organization, without verifying that the said entities consulted had received the notifications.”. This phase is followed by a period of allegations. They add that it is “It is at least curious that during this period only one allegation has been received, this being from the Bilbao Bizkaia Water Consortium and, obviously, favorable to the proposed changes.”.
The ecological flow is the minimum flow that a river must have to guarantee the life of the fauna that inhabits it, as well as the vegetation of the riverbed and its banks. The reduction of this minimum flow in the Busturialdea area, which already has supply problems for the population that lives there regularly, represents a clear threat to biodiversity.
The environmental organization considers that, in a generic way, it is not necessary to reduce ecological flows, not even provisionally, since the Water Law already allows, according to article 59, “failure to comply with ecological flows to supply the population if there are no other alternative supplies”. However, this measure is not applicable to rivers included in areas RAMSAAR (Convention Concerning Wetlands of International Importance, for the conservation and rational use of wetlands and their resources). This is the case of the Oka, Mape and Golako rivers, so they are protected and water cannot be captured below their ecological flow, nor can it be reduced. The proposed and approved change (with the environmental organization voting against) would be for other supplies such as agricultural supplies and it is this aspect that raises doubts among environmentalists, since, on the one hand, water is left free, failing to comply thus the intervisibility regime and the recovery of the costs of water services for the benefit of an agricultural sector that already has collection points granted, but the majority are without meters.
The health of the Busturialdea rivers (Oka, Mape and Golako)
It should be noted that there is already precedent. In 2023, the Gernika-Lumo Court opened a criminal investigation for a possible ecological crime against the former Busturialdea Water Consortium, today integrated into the Bilbao Bizkaia Water Consortium, at the request of the Bizkaia Prosecutor’s Office for leaving the Mape River dry. . The decision to leave, in the summer of 2020, the flow below the ecological flow established by law, to supply the area with water, was considered by the prosecutor’s office as a risk for the fauna and flora of the area. Environmentalists consider that the Bilbao-Bizkaia Water Consortium now ““He presented an allegation in favor of the change to cover his back in case of recruitment.”
On the other hand, there is the issue of exemption from paying the water fee retroactively (years 2022, 2023 and 2024). This measure was included in the Basque Government Budget Law 2024 and approved in parliament. The environmental organization considers “at least a little tortuous to modify these changes through the budget law and retroactively”. The Water Canon, environmentalists recall, is provided as a principle of the regime for the sustainability of water use and the recovery of costs for water-related services. The measure means «that during the years 2022, 2023 and 2024 the bonus for agricultural uses will be 100%, and that during this period, taxpayers will be exempt from declaring and settling the water fee for the collection or entry of water for agricultural uses.«.
There are numerous doubts that arise as a result of this measure, since the absence of accountants and the exemption from the payment of the fee suggest that “The amount of water consumed matters, since it cannot be controlled or taxed”. In this last sense, he worries that “particular interest is being prioritized over the general interest if this measure is applied”, since the recovery of the costs of water-related services does not impact those who may make excessive use of it. They also add the possibility of consequences at the European level and wonder “If it is legal and if we do not expose ourselves to the EU taking us back to the European court, as it has just done for non-compliance with the Water Framework Regulations due to the hydrological plans that are now modified through a back door”.
The environmental organization assures that it will continue working to offer administrations the opportunity to “undo this mess” and call on political representatives to monitor and avoid these behaviors and ways of doing things, as well as to fulfill their commitments in the fight against climate change and environmental conservation. Environmental organizations assure that they will continue to assess these issues “and, if we do not see movements, we will think about the measures to take, resorting to the means that are necessary to protect the rivers, their environment and, in essence, life itself” .