Recurrent: Community of Irrigators of the Albolote Canal

Resolution appealed: R CTBG 0881/2025

In exercise of the right of access to public information, the Community of Irrigators of the Albolote Canal was requested to have access to information on the regime of the concession of public waters of the Community of Irrigators of the Albolote Canal and the lists of plots of the said concession. In particular, an electronic copy of the following is requested: i) plot plans of the perimeter of the irrigated area of the Community of Irrigators of the Albolote Canal; ii) a copy of the register of irrigators; iii) a copy of all receipts issued from 2006 to the date of the plots indicated in your application dated June 14, 2024.

The competent body did not issue a ruling within the legally established time limit, so the application was deemed rejected by silence and expedites the claim under Article 24 LTAIBG.

In the course of this procedure, the CR Albolote alleges that, in application of the data protection regulations, and given that the applicant has not accredited a legitimate interest, it is only possible to give access to: i) the plot plans of the perimeter of the irrigated area; ii) list of plots included within the irrigated area and its surfaces, without indication of the personal data of the owners thereof. CR Albolote further states that it is not possible to provide copies of the information, and that it may only be displayed to the claimant.

The Council estimates the claim by noting that the C.H. del Guadalquivir accredited in 2024 the claimant’s status as an interested party in a previous file. Likewise, the claim is estimated in order for the claimed entity to provide the requested information electronically, as established in article 22.1 LTAIBG.