Background
For nearly two decades, Aguakan has been operating the water supply and sewage services in northern Quintana Roo since 1990. The company’s concession was extended in 2014 by the Quintana Roo Legislature until 2053, covering Benito Juárez (Cancún), Isla Mujeres, and later Solidaridad (now Playa del Carmen) until the same year.
This extension was granted by then-Governor Roberto Borge Angulo and the municipal presidency of Mauricio Góngora in Solidaridad. Critics argued that the contract extension was made without public consultation and in violation of municipal ordinances prohibiting the privatization of essential services like water supply.
Among the local provisions allegedly violated was Article 79 of the Police and Good Government Ordinance, explicitly forbidding the concession of private individuals for water supply, drainage, and sewage services at the municipal level. Furthermore, the contract was not licited but directly assigned to Aguakan, potentially constituting another illegality according to Article 122 of the Quintana Roo Drinking Water Law, which mandates licitation for concessions like the one granted to Aguakan in 2014.
Current Situation
Currently, Aguakan is protected by a precautionary measure after successfully obtaining a definitive suspension of Decree 195, approved by the Quintana Roo Congress in late 2023. This decree canceled the water and sewage service concession that Aguakan has been operating since 1990 in Benito Juárez (Cancún), Playa del Carmen, Puerto Morelos, and Isla Mujeres until the lawsuit is resolved.
The federal government now plans to review the possibility of purchasing Aguakan’s concession, considering that the company has already recouped its investment in Quintana Roo. The President of Mexico City, Claudia Sheinbaum, revealed this possibility, stating that Aguakan’s high prices are a concern.
Key Questions and Answers
- What is the current situation regarding Aguakan’s concession in Quintana Roo? The federal government is reviewing the possibility of purchasing Aguakan’s water and sewage concession in Quintana Roo, as the company has reportedly recovered its investment in the region.
- Why is the federal government considering purchasing Aguakan’s concession? The high prices charged by Aguakan are a concern for the federal government, prompting them to explore purchasing the concession.
- What was the extension granted to Aguakan in 2014? The Quintana Roo Legislature extended Aguakan’s concession until 2053, covering Benito Juárez (Cancún), Isla Mujeres, and later Solidaridad (Playa del Carmen) until the same year.
- What legal issues surround Aguakan’s concession? Critics argue that the 2014 extension violated municipal ordinances prohibiting privatization of essential services and was granted without public consultation. Additionally, the direct assignment of the contract instead of licitation is alleged to be another illegality.
- What is the current status of Aguakan’s concession? Aguakan obtained a definitive suspension of Decree 195, which canceled their concession. However, they continue to operate under this precautionary measure until the lawsuit is resolved.
