Background on the Supreme Court of Justice of the Nation (SCJN)
The Supreme Court of Justice of the Nation (SCJN) is Mexico’s highest court responsible for interpreting and upholding the Constitution. It plays a crucial role in resolving disputes between states, federal agencies, and individuals regarding constitutional matters.
The Case: Water Supply Limitation for Delinquent Businesses
In a recent ruling, the SCJN validated articles 74 and 75 of the Querétaro State Water Services Regulation Law, which allow water service providers to limit supply for industrial and commercial users who fail to pay their dues for two consecutive months. The decision ensures that domestic users, who also miss payments for the same period, will still receive water for basic needs, with a minimum of 50 liters per day per person.
The Controversy
The Federal Executive Power initiated an action of unconstitutionality (102/2024) to challenge these articles, claiming they violated the human right to water. However, SCJN determined that the arguments were unfounded as the norms reflected constitutional principles of availability and accessibility without discrimination regarding the human right to water.
SCJN’s Ponente: Margarita Ríos Farjat
As the ponente (author of the ruling), Margarita Ríos Farjat explained that water service providers are obligated to deliver the service, and their concessions can be revoked if they fail to comply. This implies that the concession can be terminated if the minimum required water supply for an individual is not provided, even in cases of non-payment by users.
Key Provisions of the Validated Articles
Article 74:
The service provider may limit the supply of potable water and drainage for industrial and commercial users when they omit paying for two billing periods or two consecutive months, as applicable.
Article 75:
For domestic users, if they omit paying for two billing periods or two consecutive months, the service provider may limit water supply to the amount necessary for basic consumption needs following proper notification. The notification should include the outstanding amount and due date.
In cases where water supply is limited for domestic users, the service provider must ensure a continuous supply for basic needs, providing at least 50 liters per day per person. This will be delivered through carrying (porteo) and other available means, considering the technical and operational capacity to ensure adequate water supply.
Impact on Users
This ruling aims to balance the interests of water service providers and users. Delinquent businesses will face reduced water supply as a consequence of their non-payment, while domestic users will continue to receive essential water for daily needs.
Key Questions and Answers
- What is the main issue addressed by this SCJN ruling? The primary concern was whether articles 74 and 75 of the Querétaro State Water Services Regulation Law violated the human right to water by allowing water supply reduction for delinquent users.
- What did the SCJN decide? The SCJN upheld the validity of these articles, stating that they align with constitutional principles and do not discriminate against the human right to water.
- How does this ruling affect businesses and domestic users? Delinquent businesses will have their water supply limited, while domestic users who also miss payments for two consecutive months will still receive water for basic needs, with a minimum of 50 liters per day per person.
