One of the central questions is related to the prohibition on the transmission of concessions for water use – which the Presidency proposed -, an issue that, producers in the agricultural sector warned, would break the land-water binomial when selling or inheriting land.
In the draft opinion that will be submitted to the Hydraulic Resources Commission, it is proposed to maintain as repealed the possibility of transferring the rights to exploit, use or take advantage of water, but an expedited procedure is established that allows the reallocation of volumes and the issuance of new concessions.
The National Water Commission (Conagua) may authorize the reallocation of volumes within a period of no more than 20 business days, “when ownership of a property associated with a concession title is transferred. In cases of merger and division of civil or commercial companies.”
In a new article 37 Bis of the Water Law, it is proposed that in this reallocation of volumes, Conagua “will issue a new concession title in favor of the person that certifies the rights of ownership, representation or succession, as the case may be.”
In that case, the reassignment of volumes will retain “the same volume and use, as well as the remaining term of the title subject to reassignment.”
Additionally, the concept “family agricultural use” is included, defined as a production system that includes agricultural and livestock activities, whose objective is family support.
Other relevant changes consist of restoring to the Basin Organizations the power to issue concession titles, assignment and discharge permits jointly with the water authorities.
The Executive’s proposal granted that power to Conagua only with the “participation” of those Basin Organizations.
What will happen to the fines and jail?
Other concerns are based on the criminalization of frequent activities in the agricultural sector to provide water, especially to productive lands or for livestock use.
In the prediction, article 120 proposes the reduction of fines that were proposed from 260 to 50,000 UMAS (that is, from 29,416 pesos to 5.6 million). Now they would be from 29,416 to 3.3 million pesos).
Furthermore, it is added that the suspension or revocation of the corresponding concessions, assignments, permits or authorizations may be imposed as a sanction, depending on the severity of the offense.
It is added that in case of recidivism, the fine will increase by up to a third of the amounts provided, as well as the revocation of the title and the definitive closure.
It is also specified that crimes against the National Water Law will be prosecuted ex officio by the Federal Public Ministry.
In addition, the prison sentence is reduced. In article 123 bis 3 it was 10 years in prison and a fine of 400 to 4,000 days. Now maximum 6 months in prison and 250 Measurement and Update Units (UMAS).
The maximum prison sentence will be for anyone who intentionally transfers national waters for profit, knowing that said waters were extracted illegally when the quantity is greater than or equivalent to 50,000 liters.
In the same way, penalties for public servants are reduced, from 2 to 12 that were now proposed, there would be 1 to 8 years in the case of a public servant who grants concessions, assignments, extensions, permits or registers titles of concession, assignment, permits or extensions for exploitation.
Additional changes consist of the fact that although the creation of a National Water Reserve Fund is maintained, the fact that its objective is “for the reallocation of water volumes” is eliminated.
But it is detailed that it will be satisfied with the volumes coming from the extinction of concession or assignment titles for exploitation, use or exploitation.
Meanwhile, it is reestablished that Conagua must have an Internal Control Body (OIC) that was proposed to be eliminated and the term “public” is added to the name of the National Water Registry (REPNA).
The registers of agrarian nuclei will be registered in this with recognition issued by the head of the Federal Executive.
Questions were overcome, says Monreal
For the coordinator of the Morena deputies, Ricardo Monreal, who led the drafting of the prediction, it is expected that all or most of the alerts for the reform will be exceeded, since “everything” has already been modified.
”The land-water binomial separation is now over. For example, the issue of the ranchers who wanted to not be excluded from the water concession and that they could share agriculture with livestock, that has already been resolved in the ruling,” he said.
In addition, “free lighting zones” are regularized, that is, where the owners generated their own access to water due to a decree from the previous six-year term.
“The issue of property inheritances and the volume of concessions has also already been resolved. So, most of it is contained in these 50 modifications. But work continues,” Monreal said.
Issues such as prohibition of hoarding, sale of water or uses for purposes other than those established in the concession were maintained.
