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Municipal Government of Salto vs MVOTMA and others

Country/Territory
Uruguay
Type of court
National - higher court
Date
May 9, 2012
Source
UNEP, InforMEA
Court name
Tribunal de Apelaciones en lo Civil de 6ºTº
Seat of court
Montevideo
Judge
Dra. Selva Anabella KLETT FERNANDEZ, Dr. Felipe Javier HOUNIE SANCHEZ, Dra. Elena MARTIÍNEZ
Reference number
106/2012
Language
Spanish
Subject
Land & soil, Legal questions, Water
Keyword
Resource/damage valuation
Abstract

A case concerning environmental damages caused by the dam of Salto Grande and their compensations by the Uruguayan State.

 

Municipal Government of Salto acting as the plaintiff required the court to condemn the Uruguayan State through the Ministry of Environment to compensate the irreversible damages resulting from the exploitation of the dams. The plaintiff pointed out that the exploitation of the dam and the variations of the water flow of the Uruguay River resulting from it have had for consequences to increase the erosion of the coasts, flooded some fertile lands and changed the microclimate. He also explained that those damages are irreversible and cannot be attenuated which reinforce the need for a financial compensation.

 

The Uruguayan State claimed that the time delay to ask for financial compensation was expired since the dam started to be exploited in 1979 and the Municipality had waited more than 20 years to assert its rights. But the municipality highlighted the fact that if the dam was built in 1979, the damages caused are permanent and are an ongoing process. Therefore, the time delay should run only from the moment the activities causing a damages stop, which is not the case here as the dam is still in activity.

 

The court ruled in favour of the Uruguayan State as it considered that time delay in question was not a prescription and therefore was not running from the moment the damage took place (which is in this case permanent) but from the moment the dam started to be exploited in 1979. Therefore, the Municipal Government of Salto request was dismissed.

Full text
SENTENCIA Nº 106 2012.pdf