Water Policy and Institutions

Abstract

This chapter exhibits Mexican legislation on the subject of use and exploitation of Mexican water resources at the different government tiers and bodies, and lays out a scheme of water policy based on its main instrument, the Plan Nacional Hídrico (National Water Plan), in which the water management by basin and the social participation in decision making, the latter a more expositive principle than real. In spite of the fact that Mexico has a reasonably adequate legal framework on water subjects, with a set of institutions, among which Conagua stands out, and a water policy whose instruments have diversified, water management presents a series of problems such as a lack of long-term view, a bias toward farming water use, and the development of hydro-agricultural infrastructure and budget allocation that neglects sanitation, sewage, and water quality needs.

Annex

Annex 3.1: Basic principles of water policy and programming. Source The authors.

• 1. Water is federal public, vital, vulnerable and finite good, with social economic and environmental value and its preservation and sustainability are a priority and national security issues;

• 2. National water policy based on the integrated and decentralized management of hydric resources by hydrologic basin that privileges local actors’ decisions;

• 3. Attention to the water needs for welfare, development, and sustainability. Marginalized population is a priority;

• 4. The State regulates water uses in basins, aquifers, and transfers. Water concessions and assignments shall take its availability into account;

• 5. Unsustainable use of water will be avoided and its interrelations to other natural resources vital for water will be taken into account;

• 6. Environmental services provided by water must be acknowledged, quantified, and paid for, and its reuse must be promoted;

• 7. Measures for appropriate water quality for human consumption shall be taken in order to have an impact on public health;

• 8. Water users must pay for its exploitation, use, or utilization;

• 9. Those who pollute water shall restore its quality, the principle “whosoever pollutes, must pay” shall be applied and there shall be economic incentives for its efficient and clean use;

• 10. Education on the subject of water shall be essential;

• 11. Domestic and public urban use shall have preference.

Annex 3.2: Basic instruments of water policy and programing. Source The authors.

• 1. Water planning at different geographic levels;

• 2. Concessions, assignments, and permissions (for water exploitation, use or utilization; use of national goods and discharge permissions) regulation;

• 3. National waters management;

• 4. Collection of fees (for exploitation, use, or discharge);

• 5. Social participation;

• 6. The resolution of conflicts on the subject of water (prevention, conciliation, mitigation);

• 7. Social supports (for access to water and sanitation);

• 8. The National Water Information System.

Annex 3.3: Water planning elements. Source The authors.

• 1. The National Water Plan (six-year period);

• 2. Water programs by hydrologic basin or group of basins;

• 3. Specific subprograms by region, hydrologic basin, aquifer, state, or sector;

• 4. Special or emergency programs;

• 5. Integration and updating of the catalog of water exploitation or utilization programs, and those for its preservation and quality control;

• 6. Classification of water bodies according to the use they are devoted to, and the elaboration of water balances in quantity and quality, as well as by basin, HAR, and aquifer, according to their own capacities;

• 7. Strategies and policies for the regulation of water exploitation, use, or utilization and its preservation,

• 8. Mechanisms for consultation, agreement, participation, and the taking on of specific commitments for the realization of programs and their financing;

• 9. Multiannual investment programs and annual operative programs for investment and action by the National Water Commission (Spanish acronym: Conagua)

Annex 3.4: Preference of water uses in Mexico. Source The authors.

• 1. Domestic;

• 2. Public urban;

• 3. Cattle and livestock raising;

• 4. Agricultural;

• 5. Ecologic preservation or environmental use;

• 6. Electric power generation for public service;

• 7. Industrial;

• 8. Aquaculture;

• 9. Electric power generation for private service;

• 10. Land washing and sliming;

• 11. Tourism, recreation, and therapeutic purposes;

• 12. Multiple uses;

• 13. Others

Annex 3.5: Guiding objectives of the National Water Plan. Source The authors.

• Improve water productivity in the agricultural sector.

• Increase access and quality in potable water, sewage, and sanitation services.

• Promote integrated and sustainable water management in hydrologic basins and aquifers.

• Improve technical, administrative, and financial development of the water sector.

• Consolidate users and organized society’s participation in water management and promote the culture of good water use.

• Prevent risks sprung from meteorological and hydro-meteorological phenomena and meet its effects.

• Evaluate the effects of climate change in the water cycle.

• Create a contributing and of National Water Law abiding culture.