New decision from the court regarding the Birsu HEPP Project in the Tigris Basin

A decision was made in the legal struggle against the Birsu HEPP Project, which threatens the Sarım Stream and its tributaries, one of the most important water resources of the Tigris Basin, on the borders of Bingöl's Genç district and Diyarbakır's Lice district.

The lawsuit filed by lawyer Barış Yıldırım on behalf of the residents of the region against the "EIA Positive" decision given by the Ministry of Environment, Urbanization and Climate Change has been concluded.

Bingöl Administrative Court unanimously canceled the project on the grounds that the EIA Report prepared was far from scientific and technical competence.

18 KILOMETER TUNNEL AND GIANT FACILITIES WERE PLANNED

Silvan Electric Production Ltd. Ltd. The Birsu HEPP Project, with an installed capacity of 88,886 MWM ​​/ 86,279 MWE, planned to be built by A.Ş., envisaged a great destruction in the region's ecosystem.

According to the information reflected in the case file, the project, designed as a river type, aimed to build 2 regulators, 3 dams, 5 separate transmission tunnels with a total length of 18 kilometers, 3 crushing-screening facilities and 3 ready-mixed concrete plants.

However, the court; He determined that most of the water would be taken into the tunnels, leaving the stream bed dehydrated, and that the access roads, excavation areas and forest cover would be severely damaged.

HYDROLOGICAL AND GEOLOGICAL RISKS WERE NOT CALCULATED

In the decision of the Bingöl Administrative Court, the deficiencies and illegalities in the project were listed, referring to the report of the technical expert committee.

In the decision, it was stated that the water flow data used in the project was not based on in-basin measurements, the average flow rate was shown to be high incompatible with the literature, and the serious drought conditions especially in the June-September period were not taken into account. It was emphasized that the effects of the 18-kilometer tunnel excavations and drilling-blasting activities on the groundwater system, fault and blasting safety were not numerically modeled, and these risks were covered up during the EIA stage.

Despite the highly sloping topography of the region, it was stated in the report that the measures to be taken against natural disaster risks such as avalanches, landslides and erosion were insufficient.

One of the most critical elements highlighted in the court decision was the unique biological diversity of the region. In the decision, it was reminded that the project area is the habitat of the Batman Banded Scavenger Fish, which is thought to be extinct in the world, but has recently been detected in the region, and the protected Otter.

It was noted that if the project is implemented, the "life water" to be released will not be enough to sustain aquatic life in dry periods, the beekeeping/honey basins, which are the most important socio-economic income source of the region, will disappear due to the destruction of forests and sub-vegetation, and a holistic cumulative impact assessment has not been made at the basin scale.

IT WAS CANCELED UNANIMOUSLY, WITH THE ROAD OPEN TO THE STATE COURT.

Finding the findings in the expert report justified, Bingöl Administrative Court, with its unanimous decision; It annulled the EIA Positive decision, which was far from protecting the environment and basin balance and lacked scientific knowledge, by finding it contrary to the legislation and public interest.

It was reported that an appeal against the decision is open to the Council of State within 15 days.