Senegal's outbreak of schistosomiasis has been blamed on several development
projects in the
basin of the Senegal River, including the building of two dams and the construction of
irrigation schemes.
68 While the fact that it is impossible for a river
basin or river
basin district to meet from its own water resources its needs in terms of drinking water, electricity production or
irrigation may indeed be capable of justifying, in the light of Directive 2000/60, a transfer of water such as that in the
project at issue in the main proceedings, it is not the case that such a transfer can be justified only by reason of such an impossibility.
The Court then went on to state that more public interests than the impossibility of satisfying drinking water, electricity production or
irrigation of the receiving river
basin could be capable of justifying the
project under directive 2000/60 provided that the conditions of article 4 (7) were satisfied: