Introduction to the Water Law Initiatives
On the past Wednesday, Mexico’s government announced that it will send two crucial water-related initiatives to Congress: a constitutional reform to guarantee the human right to water and a new General Water Law, accompanied by amendments to the National Water Law.
Expert Opinions on the Success of the Modifications
A few days before President Claudia Sheinbaum presents the Water Law initiative and constitutional reform to Congress, experts agree that the success of these modifications hinges on three key factors: quality, investment, and effective control of the resource. These measures must translate into tangible results rather than mere rhetoric.
Raúl Rodríguez, president of the Water Advisory Council, stated that this initiative represents a historic step after 13 years of legislative lag. However, he emphasized that without adequate resources, the human right to water cannot be guaranteed.
Rodríguez reminded everyone that this law is the regulatory framework for Article 4 of the Constitution, approved in 2012, and whose issuance has been postponed for over a decade. He noted that the initiative arrives with an interesting consensus, derived from nationwide forums.
Nevertheless, he highlighted that one of the main obstacles will be the lack of budgetary resources.
“There are no resources. We see a federal budget with reduced funding for the water sector. We know that next year’s economic growth will be very lean, which limits budgetary allocations,” he pointed out.
The specialist warned that without funding, the necessary infrastructure to guarantee the human right to water cannot be built, nor can supervision tasks be strengthened, weakened by republican austerity that reduced inspection posts in previous years.
He urged lawmakers to prioritize the water sector in the approval of the Expenditure Budget, as “water problems are not solved with speeches but with resources.”
Moreover, he stressed that despite the initiative arriving during a year of abundant rains, Mexico faces structural vulnerability to climate change, which could result in severe droughts. Therefore, he emphasized the need for a long-term water policy based on technological innovation, circular economy, and water regeneration.
Public Investment in the Water Sector
Francisco Bustamante, president of the Mexican Association for Proper Hydration, warned that public investment in the water sector is far below international standards, representing less than 1% of GDP. International organizations like the World Bank, IDB, and UN recommend allocating between 3% to 5% of GDP for water-related investments.
“We are very far from that goal. If we talk about investments around 150,000 million pesos, today we are far from being able to address the water sector’s crisis and challenges,” he stated.
Bustamante pointed out that Mexico still uses low-quality water in agriculture, industry, and domestic consumption. Therefore, the reforms should include clear goals for treatment and reuse.
“Today only 40% of the water is treated, and less than 2% of that treated water is reused. We need to reuse 100% of the water we discard, whether for irrigation, industry, or urban areas, to talk about real hydraulic efficiency,” he specified.
He also mentioned raising the National Water Commission (CONAGUA) to a Secretariat as viable, though he cautioned about the risks of increasing bureaucracy and reducing technical autonomy, as seen in Mexico City.
“It’s worth returning to the model of the Water Secretariat or the Secretariat of Hydrological Resources. National ordering is very important. However, we cannot repeat the mistake made in Mexico City, where turning the Water System into a secretariat made it more dependent and less operational,” he explained.
He also identified the infiltration of organized crime in water management as an obstacle to implementing reforms. Many irregular concessions are controlled by criminal groups, with clandestine taps in the Cutzamala system and untitled wells in northern states like Sinaloa, Sonora, or Chihuahua.
Objectives of the Modifications
On the past Wednesday, Mexico’s government announced that it will send two crucial water-related initiatives to Congress on September 29: a constitutional reform to guarantee the human right to water and a new General Water Law, accompanied by amendments to the National Water Law.
According to authorities, the goal is to put an end to the illegal water market, strengthen the National Water Commission (CONAGUA), and impose stricter penalties on those who illegally profit from the resource.
The initiative proposes eliminating the possibility of transferring concessions between private individuals, a mechanism that for decades has allowed the illicit buying and selling of water rights, creating a parallel system outside state control.
Another key aspect is the creation of a specific chapter on water crimes, establishing harsher penalties for those who steal water, drill illegal wells, or repeatedly engage in illicit practices like selling water from clandestine extractions using pipas.
Key Questions and Answers
- What are the two key initiatives announced by Mexico’s government? A constitutional reform to guarantee the human right to water and a new General Water Law, accompanied by amendments to the National Water Law.
- What factors are crucial for the success of these water law modifications? Quality, investment, and effective control of water resources.
- Why do experts believe the initiative might face challenges? The main obstacle is the lack of budgetary resources for necessary infrastructure and supervision tasks.
- What is the current level of public investment in Mexico’s water sector? It represents less than 1% of GDP, far below the international standards recommended by organizations like the World Bank and UN.
- What are the proposed changes to tackle illegal water practices? The initiative aims to eliminate illicit concession transfers and create a chapter on water crimes with harsher penalties.
