Colombia court case: rights of the Fortalecillas river

Summary

In 2021, Johann Alexander Vargas Bedoya filed a tutela action against the Mayor’s Office of Neiva and the Corporación Autonomía Regional del Alto Magdalena Cam for the alleged violation of their fundamental right to water, health, a decent life, and a healthy environment by not contracting studies for the prioritization of the hydrographic basins for management purposes with the CODESIA firm for the Fortalecillas River. Bedoya argued that the Fortalecillas River is protected as a hydric affluent of the Magdalena River because the Magdalena River, its basin, and tributaries are recognized as an entity subject to rights to protection, conservation, maintenance, and restoration by the state. The First Criminal Circuit Court with Neiva Knowledge Functions in Columbia recognized the Fortalecillas River as an entity “subject to rights to protection, conservation, maintenance, and restoration in charge of the State and the community, as was based on the emotional part.” The court also recognized that future generations are subject to the right of special protection, in accordance with what is considered the emotional part.