By Wendy Anders

Buying and building property in the Poás region near the international airport in Alajuela in Costa Rica’s Central Valley, just got a little bone thrown in with a recent court decision.

The Costa Rican Supreme Court (known in Spanish as the Sala IV) condemned the Municipality of Poás de Alajuela for approving multiple urban projects that put the county’s aquifers at risk, reported local media recently.

The final ruling, coming after an injunction filed by the Poás Municipality, says that,

“Most of the projects reported constitute a risk to the water resources of … the Poás area. In spite of previous warnings of this Tribunal, and the existence of a framework for land use based on the vulnerability of contamination of aquifers and the protection of water resources issued by SENARA, the national groundwater secretariat, on October 2, 2006, the Municipality of Poás authorized the continuation of these projects without taking the necessary provisions to guarantee the protection of aquifers.”

The following housing development projects in the popular tourist destination of Poás have been deemed to violate the country’s constitution due to the risk they pose to groundwater resources: the Caliche Development, Los Conejos, Finca 1 and 2, Calle Telon-FUPROVI, Calle Las Hortensias, Don Manuel Residential Development, Calle Los Murillo, and Calle Ladelia.

Most of these areas already have houses built and people living there. The ruling will affect any future building on lots within the developments.

The violation stems from the court’s interpretation of Article 50 of the Costa Rican Constitution which states that, “The State shall seek the greatest welfare of all the inhabitants of the country, organizing and stimulating the production and the most appropriate distribution of wealth. Everyone has the right to a healthy and ecologically well-balanced environment.”

Poás Mayor José Joaquín Brenes Vega and Poás Municipal Council President Jorge Luis Alfaro Gómez were ordered by the court to refrain from granting new construction permits within the developments and areas mentioned in the suit until detailed and complete hydrogeological studies are carried out and approved by SENARA, reported local media.

In addition, construction permits in the Don Manuel residential development and in Calle Ladelia cannot be granted without prior installation of individualized wastewater treatment systems, or a wastewater treatment plant or sewerage system, said the ruling.

Finally, the court said that within two years, an individualized wastewater treatment system must be installed for Calle Ladelia, and Finca 1 and 2 housing projects.

More details on the ruling can be found under case number 2016-018352 in the Constitutional Court archives.