Court orders review of water withdrawals from Cantareira reservoir.
Through a preliminary injunction, the court ordered the National Water Agency (ANA) and the Department of Water and Electric Energy of the State of São Paulo (Daee) to review the withdrawal rates from the Cantareira System by Sabesp; the objective is to ensure that the consumption of the first part of the technical reserve is not exhausted before November 30th and that there is no damage to the flow rates for the hydrographic basin of the Piracicaba, Capivari and Jundiaí (PCJ) rivers.
Flávia Albuquerque - Reporter for Agência Brasil
The court has issued a preliminary injunction ordering the National Water Agency (ANA) and the Department of Water and Electric Energy of the State of São Paulo (Daee) to review the withdrawal rates from the Cantareira System by the São Paulo State Environmental Sanitation Company (Sabesp). The objective is to ensure that the consumption of the first part of the reserve is not depleted before November 30th and that there is no harm to the flow rates for the Piracicaba, Capivari and Jundiaí (PCJ) river basin.
The lawsuit was filed by the State Public Prosecutor's Office (MPE-SP) and the Federal Public Prosecutor's Office (MPF). According to representatives of the MPE and MPF, Sabesp has already requested the removal of the second portion of the dead volume and has gone against the planning defined by ANA and Daee.
The preliminary injunction mandates that ANA (National Water Agency) and DAEE (Department of Water and Energy) define weekly flow rates to be met, including setting targets for restricting or suspending water use by users. It also establishes that measures be adopted to ensure that, within five years, the Cantareira System recovers to its full volume, with a safety level of at least 95% guaranteed public supply. ANA and DAEE will be responsible for defining strategic preservation volumes at the end of each planning period.
By court order, the extraction of water from the second part of the dead volume of the Jaguari/Jacareí and Atibainha Reservoirs, below the 815-meter and 777-meter levels, is prohibited. If technical studies indicate that compliance with the order is impossible, the release will occur with the necessary caution to preserve life and the environment.
The injunction also compels Sabesp to make available, in a clear manner, the historical series of information on reservoir water levels and transfer flows. Furthermore, it removed the company from the Technical Advisory Group for the Management of the Cantareira System (Gtag-Cantareira), transferring that function to ANA, DAEE, and the PCJ and Alto Tietê committees.
In the event of non-compliance with the decision, ANA, Sabesp, and Daee will be subject to the crimes described in the Penal Code, especially those of disobedience and prevarication. ANA, Sabesp, and Daee were contacted for comment but did not respond to the request before publication.