The initiative by which the General Water Law is issued and provisions of the National Water Law are reformed could generate an increase in bureaucracy, promote informality in the management of water resources and must be accompanied by resources for its full operation, considered specialists in water issues consulted by El Economista.
José Antonio Cortés Lara, researcher at the Colegio de la Frontera Norte, highlighted that the recognition of water as a strategic good and human right is progress, but insisted that the majority of the 28,000 community water committees in rural and indigenous areas lack legal recognition and economic resources.
“Saying that their right to manage water is going to be recognized is fine, but how are they going to pay for the concessions or maintain the infrastructure if they do not have money or legal support? A much more in-depth study would be needed to address their reality,” he said.
In addition, he criticized that the new project does not clearly address environmental sustainability or the so-called ecological flows, necessary to maintain the natural flows of the rivers.
Óscar Ocampo, director of Economic Development of the Mexican Institute for Competitiveness (IMCO), pointed out that the proposal to prohibit the transfer or sale of concessions and force users to return those they do not use to the State, for later reassignment, has a problem that may affect small users.
He gave as an example the case of an agricultural producer who sells his ranch: under the new scheme, he said, he could no longer transfer the concession along with the property, but would have to return it to Conagua, which would subsequently decide whether or not to reassign it to the new owner.
“This increases costs and encourages informality in a sector where bad practices already exist. Instead of correcting the underlying problem—the lack of inspection and supervision—new incentives are being created to operate outside the law,” he warned.
Raúl Rodríguez, president of the Water Advisory Council, warned that, despite the incorporation of a chapter on water crimes, which toughens criminal and administrative sanctions for the theft or illegal extraction of water, sanctions alone are not enough. It is necessary to accompany them with operational intelligence and more supervision, which requires budget and specialized personnel.
“The inspection scheme was practically dismantled with republican austerity. Today there are very few inspectors to inspect wells or detect illegal extractions. If that part is not strengthened, there will be no way to prevent crimes,” he warned.
