The Superior Court of Justice of Castilla y León (TSJCyL) has provisionally allowed the Navacerrada ski resort to use the waters of a stream to make artificial snow despite the refusal of the Duero Hydrographic Confederation (CHD).
The ruling also allows "security and maintenance works" to be carried out months after the dispute between the managers and the Government, which defended the closure of this park for environmental reasons.
The Community of Madrid and the Junta de Castilla y León, both of the PP, attacked the Ministry of Ecological Transition for its attempt to close these facilities.
The Navacerrada station is currently closed due to the lack of snow.
The ruling of the contentious-administrative chamber supposes the suspension of the order established by the CHD, which rejected the "right to private use" of a stream known as El Telégrafo, whose waters were used to produce the artificial snow that is shot in the canyons of Navacerrada, in the Segovian mount Pinar de Valsaín, for skiers.
The court ruling also prevents the removal of the installations that affect this stream, as the CHD urged a few months ago.
These measures, maintains the judicial resolution,
would generate “damages that are very difficult to repair given the impossibility of continuing with the operation of the Navacerrada ski resort since the litigious concession is intended to provide water to the artificial snow cannons for this operation and the dismantling of the facilities has also been ordered. corresponding to said concession”.
The court also ruled that the CHD must repair "the dam or weir diverting the water from the aforementioned stream to feed the artificial snow cannons that would have been affected as a result of the dismantling of the facilities."
Likewise, it also consents to the administrators carrying out “security and maintenance works”.
The court also ruled that the CHD must repair "the dam or weir diverting the water from the aforementioned stream to feed the artificial snow cannons that would have been affected as a result of the dismantling of the facilities."
Likewise, it also consents to the administrators carrying out “security and maintenance works”.
The court also ruled that the CHD must repair "the dam or weir diverting the water from the aforementioned stream to feed the artificial snow cannons that would have been affected as a result of the dismantling of the facilities."
Likewise, it also consents to the administrators carrying out “security and maintenance works”.
The land of this station is located in the municipality of La Granja de San Ildefonso (Segovia) although a part of the extension is in the Community of Madrid, hence the intervention of its president, Isabel Díaz Ayuso.
The pronouncement of the TSJCyL also dismisses the CHD's argument that the concession of this private use of the stream had ended, since it points out that this term has been in force since a 75-year license was granted in 1994.
The high court of Castilla y León denied a year ago the request of the State Attorney, representing National Parks, to demand that the Board stop the station.
Likewise, it also rejected the precautionary measures demanded by National Parks so that the Navacerrada station would not open last season.
The Executive ordered in March 2021 the dismantling of three of the eight tracks and that the area, located in the Sierra de Guadarrama National Park, return to its original state.
The argument was based on the fact that the administrative license was granted in April 1996 for 25 years, a period that ended and that it was not renewed because it was "not viable" as a result of the high temperatures in those places and the reduction in snowfall caused by the climate change.
The company responsible for the facilities refused for having requested a two-year extension because it understood that the two winters affected by the coronavirus could not carry out its activity.
The Government demanded that the Junta de Castilla y León declare that expiration but the Junta, chaired by Alfonso Fernández Mañueco, argued that it had "no powers" to do so and defended that there were no "political or legal" reasons to close Navacerrada.
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