The city of Miesbach yesterday submitted a petition to the state parliament with the municipalities of Valley and Warngau as well as three organic farms and the association Our Water.
Its environmental committee is supposed to prevent the government of Upper Bavaria from withdrawing jurisdiction over the water protection area proceedings from the district office.
Miesbach
- If you believe the lawyer Benno Ziegler, what the city of Miesbach has now initiated with the communities of Valley and Warngau is an unusual step in the Free State. The three municipalities choose to petition the state parliament in order to protect their rights and to ensure the rule of law. The trigger is the order of the government of Upper Bavaria to the district office to issue a general decree for a grazing and cultivation ban by December 1st - otherwise the government threatens to intervene (we reported). That means: The district office is then withdrawn from the proceedings.
To prevent this, the three municipalities yesterday handed over a petition to the President of the Landtag, Ilse Aigner, to the organic farms of Alois Fuchs, Martina Eck and Marion and Kartz von Kameke (Gut Wallenburg) and the Verein Unser Wasser.
The goal: The members of the environmental committee should instruct the government of Upper Bavaria to refrain from entering the water protection area procedure themselves.
Aigner accepted the petition in Miesbach in her capacity as a member of the constituency and advocates an examination.
New chapter in the dispute over the water area
“It's about safeguarding the rule of law,” Miesbach's mayor Gerhard Braunmiller made clear yesterday at the media meeting in the morning.
A ban on grazing and cultivation before the end of the procedure to expand the Thalham-Reisach-Gotzing water protection zone threatens the existence of organic farms and encroaches on the municipalities' protected right of self-administration.
The petition is intended to ensure a proper and constitutional process.
"Munich continues to get its water"
Ziegler, who represents organic farmers, made it clear that it was not a question of competing with the state capital of Munich for water: "Nobody questions the supply." oppose "threats and breaches of agreements".
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Specifically, it is about the report mutually commissioned by the government and the district at the Technical University of Berlin, which should clarify the need for the ban requested in January 2021.
Their professor Uwe Tröger came to the conclusion that the bacterial load in the water was not due to grazing cattle (we reported) - not least because on three days in February 2021 on which contamination was found, there was no cattle on the pasture.
As a result, the government refused to recognize the report and extended its ban request from January 2021 in October to include the threat of self-entry.
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In general, Ziegler criticizes the fact that Stadtwerke München (SWM) does not disclose any evidence of microbial contamination in response to inquiries: “There is no evidence.” On the other hand, it is clearly understandable that clarified water enters the groundwater in Mangfall and Schlierach during heavy rain and flood events and so on impair the water quality - a process that cannot be prevented with a drainage well such as rice collection.
Old rights expired because of a water pipeline built at a later date?
Another, highly controversial point is the old rights, which SWM invokes when purchasing the water and which they strictly reject as unnecessary. It was categorically excluded as early as the 2018 public hearing. From the petitioner's point of view, however, these have lapsed, as Ziegler explains: The rice system has four inlets and two outlets - one goes to Munich, one to Mangfall, in order to divert unusable water. Between 1924 and 1931 a cross connection to the Munich line was laid from the Mangfall line. According to Ziegler, this means that a further 1400 liters are added to the fixed 2200 liters per second - an increase in the amount of water of 63 percent. The problem: The old rights only apply to the planning status from 1908. If a later change can be proven, they have expired,and a regular approval process is due.
"Munich will continue to get its water," assures Ziegler, "but we want a legally sound basis." Without the drastic restrictions that have been demanded.
“Munich has been promoting the top quality of its water for decades.
The underlying contracts with the region are therefore sufficient. ”Ziegler assumes that the government will now suspend the deadline in view of the petition:“ I am in good spirits. ”
ddy