New Heřminovy, which are fighting against the dam, were unsuccessful in court

Brno - The Constitutional Court (ÚS) dismissed the complaint from the municipality of Nové Heřminovy in Bruntál, which unsuccessfully fought against the designation of the dam in the development principles of the Moravian-Silesian Region. The waterworks is expected to partially flood the municipality. According to lawyer Radek Ondruš, Nové Heřminovy will continue to assert its objections in the subsequent territorial and building proceedings. "We are still at the beginning," Ondruš told reporters.

According to Nové Heřminovy, flood protection on the Opava River can be ensured in ways other than constructing a dam, such as through a series of partial measures. A referendum was held in the municipality in 2008, where a majority of residents expressed opposition to the dam.

In an attempt to annul part of the development principles, Nové Heřminovy was unsuccessful at the Regional Court in Ostrava and the Supreme Administrative Court. The constitutional judges also stated that the region did not err. They noted that the municipality did not sufficiently defend its interests during the formulation of the development principles - some arguments were raised only in court.

"It is not a fault of the courts that they did not take these objections into account in their decision-making," stated reporting judge David Uhlíř. According to Ondruš, one of the previous mayors of the municipality chose not to raise certain objections of his own accord.

Current mayor Ludvík Drobný (SNK Against the Dam) told ČTK that the decision did not surprise him. "We more or less expected it; we just did not expect it to take almost four years. Unfortunately, there was an error in 2010 that we probably cannot rectify, as when the municipality had the opportunity to submit its comments back then, it did not do so," said Drobný.

According to him, the fight against the dam does not end with this decision. "The municipality will continue to defend itself; we are still bound by the result of the referendum. We still have the means and are required to act against the plan in all administrative proceedings, so we intend to continue doing so," added the mayor.

Despite the municipality's initial passivity, the region considered its interests, according to the constitutional judges. Ultimately, the choice fell on a smaller variant of the dam, which allows for at least part of the municipality to be preserved. Flood protection measures will also be implemented in other municipalities, so the burden is not borne only by Nové Heřminovy.

Ondruš reiterated today the costliness of the chosen variant of flood protection. "The interest of the residents of the region is to achieve the goal, namely flood protection, with the least possible expenses," stated Ondruš.

The construction of the reservoir has been discussed for decades. It became relevant again after the catastrophic floods in Moravia and Silesia in 1997. The start of construction continues to be postponed. Until last year, it was possible to settle 98 percent of the land ownership issues. For the remaining properties, expropriation is being considered. Last December, the city office in Krnov received a request for a zoning decision.