Introduction
On October 1, President Claudia Sheinbaum Pardo submitted two initiatives to the Mexican Congress: reforms to the National Water Law (LAN, 1992) and the drafting of a General Water Law (LGA). The former aims to regulate water use under Article 27 of the Constitution, focusing on productive water uses as national property. The latter seeks to regulate Article Fourth of the Constitution, explicitly recognizing the human right to water.
Key Adjustments in the LAN 1992 Reform
The proposed reforms to the LAN 1992 focus on administrative adjustments, primarily aiming to “order” water volume concessions. Measures include prohibiting private title transfers, stricter scientific analysis of regional hydrological conditions and fiscal compliance by individuals or entities for concession extensions, eliminating water right usage changes, and introducing harsher penalties for misuse. Additionally, the initiative promotes irrigation technological advancements and transparency in water districts, along with the creation of a centralized National Water Register for managing water permits.
Concerns and Challenges
The implementation of these measures requires substantial financial, material, and human resources for institutional supervision, inspection, and sanction enforcement—a known weakness of the National Water Commission (CONAGUA). Moreover, the issue of ecological flows remains unaddressed, crucial for sustainable hydric security.
Key Aspects of the LGA Initiative
The General Water Law initiative aims to eliminate discrimination by promoting equitable and sustainable water access, recognizing it as a human right linked to other fundamental rights like health, environment, and gender equality. It also encourages new sustainable water sources, such as rainwater harvesting for domestic use. The initiative acknowledges the autonomy of community-based systems, especially in indigenous and rural communities.
Challenges for Community Water Committees
With around 28,000 water committees lacking financial resources and legal recognition, managing concessions for these groups initially appears complicated.
Addressing Long-standing Water Sector Issues
Both initiatives aim to tackle long-standing water sector problems: privatization and commercialization of water, concentration of concessions among large users, contamination of water bodies, overexploitation of groundwater, and hydric injustice affecting the most vulnerable.
Key Questions and Answers
- How will the upcoming water consultations incorporate societal proposals effectively? The initiatives should focus on enhancing the integration of grassroots and urban group proposals in future water-related consultations.
- How can existing participation mechanisms, like the Basin Councils and Technical Committees for Groundwater, be improved? The initiatives should prioritize strengthening formal participation mechanisms to ensure meaningful engagement.
- What measures can expand citizen participation in water sector decision-making? The initiatives should explore broadening participatory mechanisms to include more citizens in water sector decision-making processes.
Towards a Democratic Water Governance in Mexico
Ultimately, achieving secure and sustainable water in Mexico hinges on genuinely democratic water governance.
*Director of the Mexicali Unit, El Colegio de la Frontera Norte.
