The Playas de Nosara ASADA just shared their most recent update regarding the water moratorium and lawsuit being filed. Here below is the copied message from the ASADA, as well as the explanation from some of the stakeholders in the lawsuit that was filed.
In regards to this, we want to remind everybody that this podcast is a neutral platform for community members to speak their minds. All opinions about significant issues affecting our community are welcome to promote dialogue for the betterment of the community.
Please find the copied message of the Playas de Nosara ASADA here below or the link to the original post HERE:
The Board of Directors of the Playas de Nosara ASADA would like to update the community on our status of Zona De No Factibilidad Técnica and share some important information.
The ASADA water data that was sent to AyA has been reviewed by both the Department of Water and Minae. The required Edicto was published in the Gaceta on Nov 5, 2021, and the 30-day term for that filing is complete.
We are now waiting for the final resolution from AyA. Due to holiday vacations, we would not expect to hear anything before mid-January.
On December 16, 2021, The Playas de Nosara Asada as well as AyA were presented with a Recurso Amparo in the SALA CONSTITUCIONAL DE LA CORTE SUPREMA DE JUSTICIA, EXP: 21-025427-0007-C0. The ASADA and AyA were named as RECURSADOS.
The demanda was filed with in the name of TEN AMPARADOS (meaning those protected) who are represented by BRD Abogados.
Named in the filing as Apoderado Especial is Lucca Spendlingwimmer of Salagnac Arquitectos. (below is included the episode in which they explain more about their preparation for the lawsuit).
A RECURSO DE AMPARO is one of the three types of cases that may be filed in the SALA CONSTITUCIOINAL DE LA CORTE SUPREMA DE JUSTICIA. In this instance a claim is asserted that a citizens basic humans rights have been broken. A Recurso Amparo is in place for the protection of a person’s fundamental rights in Costa Rica. In this case water.
Our legal response in defense of the Playas de Nosara ASADA has been filed with the Court.
The Board of Directors of the ASADA is aware of the strain the moratorium has put on both time and planning for those applicants waiting to begin their projects.
We would like to sincerely thank all who have presented their files to the ASADA and are respectfully waiting for a resolution in the matter of the moratorium.
On March 8, 2021, the Playas de Nosara ASADA received AyA OFICIO # GSD-UEN-GAR-2021-00990, which placed us in a of Zona de No Factibilidad Técnica. Since that date the ASADA has been following the directives within this Oficio as is our legal obligation. This directive from AyA instructed the ASADA not to issue either the Constancia de Disponibilidad de Servicio or the Constancia Hídrica until the status of ZONA de No Factibilidad Técnica was lifted.
The ASADA was instructed by AyA to fulfill requirements, including documentation and Geological reports of each wells pumping capacity. This data will confirm our availability of water on which the Constancias are based. We have completed all studies and the data as indicated is presently in the Department of AyA.
We uphold in our defense that we have not denied these 10 future developers their right to water. We are simply following the directives issued to us in the AyA Oficio, as is our obligation.
The moratorium is based on both the ASADAs’ and our governing agencies need to determine the actual amount of water each ASADA has in their system. The Constantias we sign are a guarantee of water for existing connections and the determined future growth.
Among our ASADA responsibilities is the guarantee of water service to those who received the Constantias and who are currently connected to the system.
No action by the ASADA should ever put at risk the supply of water to our legally registered abonados.
By establishing how much water we have and projecting the estimated growth in our water district area, we affirm that we are operating in the most responsible way.
The ASADA is committed to following the directives as presented by AyA.
Once it has been determined by AyA that the ASADA has satisfied the requirements regarding availability of water, the Zona de No Factibilidad should be lifted.
We will again process all correctly submitted requests for the Constancias de Disponibilidad de Servicio and the Constancia Hídrica, following the regulations in place for issuance of those documents.
It is our hope that our community understand our position as we wait for resolutions from both AyA and the SALA CONSTITUCIOINAL DE LA CORTE SUPREMA DE JUSTICIA in this matter.
The Board will update the community as we know more about the status of the moratorium from AyA and any information regarding Recurso Amparo in the Constitutional Court.
The office of the Playas de Nosara ASADA and the Board of Directors are available for any inquiries you may have.
Board of Directors, Playas de Nosara ASADA