Refutation by Environment Ministry and EcoLur's Response

Refutation by Environment Ministry and EcoLur's Response

The Ministry of Environment demands to deny the material published on www.ecolur.org website on July 14, "Environment Ministry Violated RA Government's Decision by Granting a Permit to "Lorva Amrots" LLC."

 EcoLur informs that the material it published is exclusively based on the information posted on the websites of the Public Services Regulatory Commission, RA Ministry of Environment, the Judiciary System, and resolution 488-N of the Government of the Republic of Armenia dated on April 8, 2021. It should be noted that "temporary water use permit" term does not exist in RA Water Code and the regulation on issuing a water use permit approved by RA Government's Decision No. 218-N "On Approving Exemplary Water Use Permit Blank and Water Use Permit Forms" dated on March 7, 2003.

Although it is not mentioned in the published material that the Ministry of Environment granted a temporary water use permit to "Lorva Amrots" LLC, upholding the requirement of the decision reached by Administrative Court in court case VD/7002/05/21 as a means of securing the claim, however, in our opinion, the final result is , that the requirements of both RA Water Code and RA Government's Decision No. 488 dated on April 8, 2021 were not adhered to, even by giving a "temporary water use permit" to "Lorva Amrots" LLC.

It should be added that "Lorva Amrots" LLC filed a lawsuit against RA government in RA administrative court. According to court case N VD/9255/05/21, the company requests the court to declare invalid Article 19 on the Dzoraget Tributary to the Debed River of the Appendix to RA Government resolution 488-Ն on April 8, 2021 “ON DETERMINING LIST OF RIVERS SERVING AS SPAWNING SITES FOR RED-LISTED OR ENDEMIC FISH SPECIES OR OVERLOADED WITH DERIVATION PIPELINES BY 40 PERCENT AND OVER WHEN APPLICATIONS FOR WATER USE PERMITS FOR NEWLY CONSTRUCTED SMALL HYDROPOWER PLANTS MUST BE REJECTED”.

The court admitted the claim to proceedings.

In our opinion, the upholding of these claims can be a precedent for those who intend to build new HPPs on the 25 prohibited rivers approved by RA government's decision. Thus, Article 30.1 of RA Water Code and RA Government resolution 488-N dated on 08.04.2021 will be rendered meaningless and will seriously threaten the ecosystems of these rivers.

By the way, www.ecolur.am website does not exist, but www.ecolur.org exists.

July 15, 2022 at 16:47