Findikli Pasalar Regulator and Hydroelectric Power Plant, Turkey

Description

The project was being implemented by AYEN Energy Inc., which got the production license for the Pasalar Hydroelectric Power Plant in 2006. As the plant works started, so did the reactions and objections of the local community against the project. In 2007, a well-attended meeting took place in the region with the presence of about 200 people who named themselves Findikli Rivers Conservation/Preservation Platform. The objections of the platform focused on the following probable outcomes: that the local community would be deprived of their right of access to water, that the rivers would dry up, that the climate would change due to lack of water, that the tea cultivation would become impossible, that many rare flower, bird and fish species would become extinct and that a considerable number of trees would be cut. Through roughly 40 informative meetings and 2 big demonstrations in Findikli, even another environmental battle was won to declare Caglayan and Arili Valleys as Natural SIT Zones (a protection status based on natural features). Moreover, the decision of the Ministry for the Caglayan Hydroelectric Power Plant as positive according to Environmental Impact Assessment (EIA) was also cancelled.

See more...
Basic Data
NameFindikli Pasalar Regulator and Hydroelectric Power Plant, Turkey
CountryTurkey
ProvinceRize
SiteFindikli District, Caglayan Valley
Accuracy of LocationLOW country/state level
Source of Conflict
Type of Conflict (1st level)Water Management
Type of Conflict (2nd level)Deforestation
Dams and water distribution conflicts
Water access rights and entitlements
Specific CommoditiesLand
Electricity
Water
Trees, Forest
Project Details and Actors
Project DetailsAccording to State Hydraulic Works, the installed capacity is 30 MW (http://www2.dsi.gov.tr/skatablo/Tablo2.htm) According to AYEN Energy Inc.s Annual Report, installed capacity 40 MW with 151 million kWh production capacity (http://www.ayen.com.tr/faaliyet_raporlari/faaliyet_raporlari.asp) For more information: http://www.ayen.com.tr/faaliyet_raporlari/faaliyet_raporlari.asp
Type of PopulationRural
Potential Affected Population5000
Start Date2007
Company Names or State EnterprisesAYEN Energy Inc. from Turkey
Relevant government actorsState Hydraulic Works, Energy Market Regulatory Authority , Ministry of Energy and Natural Resources, Ministry of Environment and Urbanisation
Environmental justice organisations and other supportersFindikli Rivers Conservation Platform, No to Commercialization of Water Platform-, Brotherhood of Rivers Platform, The Black Sea Uprising Platform, Water Council of Turkey
The Conflict and the Mobilization
Intensity of Conflict (at highest level)MEDIUM (street protests, visible mobilization)
When did the mobilization beginIn REACTION to the implementation (during construction or operation)
Groups MobilizingFarmers
Local ejos
Social movements
Women
Local scientists/professionals
Villagers, national environmental NGOs
Forms of MobilizationDevelopment of a network/collective action
Lawsuits, court cases, judicial activism
Media based activism/alternative media
Objections to the EIA
Street protest/marches
Information meetings, forming of a platform
Impacts
Environmental ImpactsPotential: Biodiversity loss (wildlife, agro-diversity), Desertification/Drought, Food insecurity (crop damage), Global warming, Loss of landscape/aesthetic degradation, Deforestation and loss of vegetation cover, Large-scale disturbance of hydro and geological systems, Reduced ecological / hydrological connectivity
Health ImpactsPotential: Malnutrition, Occupational disease and accidents
Socio-economic ImpactsPotential: Displacement, Loss of livelihood
Otherloss of income, difficulties in access to water
Outcome
Project StatusStopped
Pathways for conflict outcome / responseCourt decision (victory for environmental justice)
New legislation
Project cancelled
The structural organization of the public, the forming of a platform, the declaration of the region as Natural SIT Zone
Do you consider this as a success?Yes
Why? Explain briefly.Rize Administrative Court, that had first adopted a motion for stay of execution of the approved Environmental Impact Assessment (EIA) report regarding the project and had demanded an expert review, cancelled the affirmative report approved by the former Ministry of Environment and Forestry on 30.06.2010. The Ministry in return objected to the decision and appealed against the cancellation. Council of States 14. Administrative Law Division that assessed the objection of the Ministry then approved the local courts decision to cancel the EIA favorable report for the Pasalar Regulator, Hydroelectric Plant and borrow pit.

Furthermore, based on the villagers appeal, Findikli Valley was declared a First Degree Natural SIT zone by the Trabzon Regional cultural and natural heritage preservation board. Hydroelectric plant construction company Ayen Energy Inc. objected to and appealed against the SIT zone decision at the Rize Administrative Court. The court rejected their application for the cancellation. The appeal made to the State Council was also rejected by the 6. Division and the decree of Rize Administrative Court was approved, keeping Caglayan Valley as SIT zone.

Based on the verdict of the Rize Administrative Court, Ankara Administrative Courts 3. Division concluded also the cancellation of the Right of Water Usage Agreement signed between State Hydraulic Works and Ayen Energy Inc., subject to appeal in the Council of State.
Sources and Materials
Legislations

Electricity Market Law numbered 4628

Electricity Market License Regulation (Last Updated on 03.04.2012)

Regulation on Procedures and Principles regarding the Signing of Water Use Right Agreement for production activities in the Electricity Market (26.06.2003)

Law Numbered 5346 on the Utilisation of Renewable Energy Sources in Electricity Generation

References

Hamsici M. (2010). Dereler ve Isyanlar. Yayinlari: Istanbul.
[click to view]

Links

Findikli dereleri (Turkish)
[click to view]

Facebook pages (Turkish)
[click to view]

Evrensel (Turkish)
[click to view]

Sendika (Turkish)
[click to view]

Links on Turkish newspapers:
[click to view]

Media Links

Photos from demonstrations:
[click to view]

Photos from demonstrations:
[click to view]

Facebook pages (Turkish)
[click to view]

Photos from Findikli:
[click to view]

Videos from Findikli region:
[click to view]

Other CommentsDirectly affected population is likely to be around 5,000. Caglayan Village consists of 185 houses.
Meta Information
ContributorEkin Kurtic
Last update08/04/2014
Comments