The Sainte-Soline basins deemed illegal by the courts

Targeted during a violent demonstration in March 2023, the Sainte-Soline substitution reserve was declared “illegal”like three other works to be built, by the administrative court of appeal of Bordeaux this Wednesday. Requested by ten environmental associations, the judges considered that the environmental authorization initially issued by the prefectures of Charente-Maritime, Vienne and Deux-Sèvres to the project leader – Coop de l’eau 79 – did not include derogation “protected species” nor protective measures targeting the little bustard. This endangered bird only has 300 males and 900 individuals in total. It is the subject of a vast protection program in conjunction with farmers. The center-west of France and more particularly Deux-Sèvres concentrate the last migratory population in Europe.

“The project is likely to destroy all or part of the habitat of this species”

“The project is […] likely to destroy all or part of the habitat of this species and seriously harm it”thus note the judges who decided to suspend the authorization granted for these four reservations “until the possible issuance of this exemption”. As it stands, Coop de l’eau 79 will therefore not be able to build the future reserves of Saint Sauvant, Messé and Mougon; nor fill more that of Sainte-Soline, symbolic work, filled at 60%, where the pumps were activated on the 1^is November in anticipation of next season.

“Biodiversity was largely forgotten. Mega-basins perpetuate an intensive agriculture system responsible for the decline of biodiversity and endangering populations of threatened species such as the little bustard.for their part, welcome the associations behind this appeal. “The bustard is a species on life support… It lost 94% of its numbers between 1978 and 2000. The four reserves targeted by this judgment will have a direct impact on 5% of the total bustard population”explains Régis Ouvrard, one of the administrators of the LPO, the League for the Protection of Birds.

The Water Coop 79 has a very different reading of this judgment. The twelve other reservations are in fact validated by the Bordeaux Court of Appeal, “which is already a victory”insists its president Thierry Boudaud. The applicants also accused the irrigators’ project of “harm the balance of water resources”. The judges, however, closed this door, considering that the project “does not disregard the principle of balanced and sustainable water management”.

The question of the exemption remains “protected species”. According to Thierry Boudaud, this sesame “purely administrative” will be obtained at the end of a ” procedure [qui] should be spread over approximately a year and allow us to automatically obtain authorization without having to go back to court”. As for the Sainte-Soline reserve: “A development” will allow the twelve connected farms to use stored water next summer, assures Thierry Boudaud: “Farmers will not be deprived of water this summer”.

Environmental associations, which call “abandoning this obsolete project” they also anticipate this scenario favorable to irrigators: “If a project is deemed illegal, it must be canceled, not regularized”they warn. A member of the Deux-Sèvres Ornithological Group (GODS 79), one of the applicant associations, Jean-Michel Passerault reminds us that an exemption “must be accompanied by real compensatory measures in favor of a protected species, it’s not that simple”. Activists from the Bassines Non Merci (BNM) collective – not represented in this dispute – are calling for continued mobilization and welcome this judgment. “This is a signal addressed to all ponders in Francesays their spokesperson Julien Le Guet. On March 25, 2023, the demonstrators were right: the Sainte-Soline basin was indeed illegal. The State would have done better to guarantee the law. »