The Xunta and the State are condemned for the contamination of the As Conchas reservoir.

A Coruña, July 11 (EFE).- The Superior Court of Xustiza of Galicia (TSXG) has condemned the Xunta de Galicia and the Miño-Sil Hydrographic Confederation, dependent on the Ministry for the Ecological Transition, to clean up and maintain the As Conchas reservoir, between the Ourense municipalities of Lobios and Muíños, after decades of discharge of excrement from macro farms.

The Administrative Litigation Chamber, in a ruling issued on July 11 by the High Court of Justice of Galicia, declared "the violation of fundamental rights, the right to life and its relation to the right to privacy and the inviolability of the home, to property linked to the enjoyment of water, all of them in relation to the right to the enjoyment of a healthy environment that is adequate for the needs of people."

"This violation is caused by the inaction of the defendant Public Administrations (Xunta and the Miño-Sil Hydrographic Confederation), which, despite being aware of the situation and being legally obliged to do so, have been unable to remedy it," the ruling continues.

It condemns "the Xunta de Galicia and the Miño-Sil Hydrographic Confederation to immediately adopt all necessary measures to stop the odors and environmental degradation of the As Conchas reservoir and its surroundings and to restore them to the full enjoyment of the fundamental rights whose protection is claimed in this procedure."

It also condemns both "to immediately adopt all necessary measures to guarantee the supply of clean, safe drinking water free of microorganisms and chemicals that pose a threat to people's health, in order to restore them to the full enjoyment of their human right to water."

On the other hand, it also requires seven of the plaintiffs to be paid €1,000 per month from the date of the initial claim (in 2022) up to a maximum of €30,000 each; although in one case it limits this to €6,000.

Demand from several neighbors

The lawsuit was filed by several affected residents, the Federation of Consumers and Users (CECU), and the As Conchas neighborhood association, with the support of ClientEarth and Friends of the Earth, due to the situation of the Limia River reservoir in the Ourense municipalities of Lobios and Muíños.

According to the plaintiffs, the ruling "sets a precedent in the defense of fundamental rights against groundwater pollution caused by industrial livestock farming" and paves the way "for affected communities across Europe to bring similar claims."

They also believe the ruling sends "a clear message to authorities: they have a legal duty to act when public health and the environment are at risk."

During the process, the existence of contamination was demonstrated, not only from nitrates, but also from toxins and cyanobacteria, as well as its consequences on the health of residents, following decades of dumping excrement from pig and chicken mega-farms.

The ruling, which is not final since it can be appealed to the Supreme Court, also dismisses the lawsuit against the municipalities of Bande, Os Blancos, Tramiras, Lobeiras, and Muíños.