The resolution of the Government of the Canary Islands decreeing the closure of the Montaña Roja desalination plant, against which an appeal is still possible, has its origin in a decree issued a little over a year ago by the Island Water Council, chaired by Pedro San Ginés. In that decree, dated March 14, 2016, the Council revoked the authorization that Club Lanzarote had to produce water for the self-consumption of that urbanization, alleging that it was failing to comply with the conditions of the permit.
At that time, the courts had already annulled the seizure of that desalination plant ordered by San Ginés in 2014 and the criminal case in which the president is accused was also underway, precisely for carrying out that illegal seizure and handing over the management of the plant to Canal Gestión. In addition, the first file opened by the Island Water Council to Club Lanzarote had also been closed, which only ended up detecting two minor infractions and one less serious one and did not propose the seizure, despite the fact that San Ginés had ordered and executed it as a "precautionary measure".
Among other things, that file concluded that Club Lanzarote did have authorization to produce water, unlike what San Ginés stated when ordering the seizure. Five months later, what the Water Council did was sign a new decree revoking the authorization, which is the reason on which the regional Executive has now based its decision to order the closure of the desalination plant.
A "neighborhood" complaint
Three and a half months after revoking that permit, on June 7, 2016, the Island Water Council states that it received "a complaint from residents of Montaña Roja", so on July 4 an "inspection" was carried out on the facilities, confirming that the plant "is in operation and operational".
In this regard, it should be remembered that the Justice had already forced San Ginés to return the plant to Club Lanzarote, which is currently still the only way to supply water to the residents of Montaña Roja, given that the network managed by Canal Gestión has not yet reached this urbanization. Despite the obviousness of this fact, the Council points out that in June 2016 they also visited the homes of residents of Montaña Roja and that, "according to the statements" of those residents, the one who provides them with the water service is Club Lanzarote.
Based on these actions promoted by the Council chaired by Pedro San Ginés, it was agreed to open a new file against the company on September 5. And there he again accused Club Lanzarote of a very serious infraction, again alleging that it lacked authorization to produce water, after he himself had annulled that authorization. Afterwards, after concluding that file, he transferred it to the Government of the Canary Islands, which is the one that has the powers to resolve this type of sanctions.
Other previous unsuccessful attempts
It should be remembered that San Ginés had previously addressed the regional Executive without success requesting measures against these facilities, after being charged for the seizure and for it to be annulled by the courts. However, on this occasion, the proposal has prospered because he himself had revoked the authorization to produce water in that desalination plant a year earlier. This is what the decree issued on May 22 by the Government of the Canary Islands states, which agrees to a sanction against the company and decrees the "immediate closure" of the installation.
However, in addition to the fact that an appeal is still possible against this resolution, it also indicates that "the supply" of water to the residents "must be guaranteed". To this end, it indicates that "the appropriate measures will be adopted by the Island Water Council", without specifying what they will be. And the problem that the Council will face again is that the urbanization has not yet been received by the administration and therefore its management is still private, and the Justice has already prevented attempts to intervene without authorization in that area.
The decree of the Government of the Canary Islands also refers to the defects that had to be corrected in that last file opened by San Ginés, which forced the actions to be reversed, relating to the admission of the evidence proposed by Club Lanzarote when presenting its allegations. In addition, it is also pointed out that the company raised the possible challenge of the president, given that it understands that in his circumstances he should not intervene in this procedure, among other things for being charged as a result of the lawsuit that he filed against him for having previously ordered and executed the illegal seizure of the desalination plant. In this regard, the decree of the regional Executive indicates that this possible challenge should have been raised earlier. "The action of the Presidency of the Island Water Council has already concluded, and the procedure is currently in the resolution phase, the competence of which corresponds to the Government of the Canary Islands", the resolution states.
No mention of the alleged lack of classified activities license
The "serious infraction" for which the Executive orders the closure of the plant focuses on that lack of authorization to produce water, which was annulled by San Ginés himself. Regarding the second infraction that he denounced, for not having approved the water rates, the decree of the Canarian Government considers that it would form part of the same infraction.
In addition, it makes no reference to the alleged lack of a classified activities license, which was the last accusation launched last Tuesday by the president of the Cabildo against the Club Lanzarote desalination plant. This Wednesday, the Yaiza City Council came out to deny this information, stating that a desalination plant does not even require this type of license, as it is not among the classified activities provided for by law.