Background on Aguakan and its Relevance
Aguakan is a private company that has been granted a concession by the Mexican government to provide water supply services in several regions, including Quintana Roo. The company has faced controversy due to allegations of poor service quality, environmental concerns, and potential irregularities in its operations.
Legal Developments
Judge’s Ruling: Mara Lezama, the governor of Quintana Roo, confirmed that a federal judge upheld Decree 195, which cancels Aguakan’s water supply contract in four northern municipalities. The judge rejected Aguakan’s attempt to seek protection (amparo) against the legislative decree, acknowledging irregularities in service delivery and fundamental rights related to the environment, health, and water.
- Remaining Legal Steps: Although Aguakan still has the right to file a review, the legal process confirms that the cancellation of their contract is now in effect. Governor Lezama has pledged to ensure the right to clean water for Quintana Roo residents.
- Deadline for Review: Aguakan has 10 business days from April 17 to file a review, following the suspension’s invalidation against Decree 195.
- Contract Violations: The judge identified Aguakan’s failure to provide optimal service and other contract breaches, including abandoning several areas within the municipalities they were supposed to serve.
Penal Charges Against Aguakan
In parallel to the legal battle over the water supply contract, the Quintana Roo government filed a penal complaint against Aguakan with the Federal Attorney General’s Office (FGR) for allegedly committing procedural fraud.
- False Arguments: During the amparo trial, Aguakan presented false arguments to support their case. One such argument was claiming that the Congress lacked authority to revoke a contract authorized by the state government and municipalities. However, this is disputed since municipal law allows legislative bodies to grant new permits through licitation when a concession exceeds the time limit of an administrative period. In this case, Aguakan’s concession was extended both temporally and territorially to Solidaridad and Puerto Morelos without proper licitation.
- Public Consultation Results: The decision to cancel Aguakan’s contract was also based on the results of a public consultation held on June 5, 2021. Over 35% of the electoral roll in the affected municipalities voted to terminate Aguakan’s concession.
Consultation Results by Municipality
- Benito Juárez: 69,893 voted “No,” while 157,759 voted “Yes” – more than double the votes against Aguakan’s continued service.
- Isla Mujeres: 3,806 voted “Yes,” and 5,880 voted “No” with a participation rate of 44.96%.
- Puerto Morelos: 3,647 voted “Yes,” and 5,947 voted “No” with a participation rate of 44.96%.
- Solidaridad: 11,269 voted “Yes,” and 51,417 voted “No” with a participation rate of 28.02%. This is the only municipality where the voting results do not meet the threshold for a binding consultation.
Key Questions and Answers
- Question: What is the current status of Aguakan’s water supply contract in Quintana Roo?
Answer: A federal judge upheld Decree 195, which cancels Aguakan’s contract in four northern municipalities. Although Aguakan can still file a review, the cancellation is now legally confirmed. - Question: Why was Aguakan’s contract canceled?
Answer: The contract was canceled due to irregularities in service delivery, environmental concerns, and Aguakan’s failure to provide optimal service. Additionally, a public consultation resulted in over 35% of voters in the affected municipalities supporting the termination of Aguakan’s concession. - Question: What are the penal charges against Aguakan?
Answer: The Quintana Roo government accused Aguakan of procedural fraud by presenting false arguments during the amparo trial. The company also allegedly exceeded its contract terms without proper licitation, contrary to municipal law.
