State lawmakers approved early Tuesday the new Water Law bill that allows the local government to pursue new public-private partnerships to address drought issues.
The bill was voted in favor of the National Action Party majority along with leftists Job Montoya and Rocío López.
During the legislative session a group of public workers from Tijuana –who said the law permits the state to privatize water— held protests inside the Floor in order to impede lawmakers from voting. The meeting was then moved to another room.
Assemblywoman and secretary general of the Public Employee Union Victoria Bentley proposed an amendment that seeks to protect workers’ rights.
According to the National Water Commission the state is among the first in Mexico with extreme drought conditions.
The new law creates a new Water Advisory Board to set up plans for water distribution, recycling and reuse, while water fees will now be set through a new formula that secures enough funds for agencies.
According to the bill’s text the Public Utilities Commissions are to disappear to have two new metropolitan agencies—one for the coastal zone and another one for Mexicali.
The new water fee methodology is based on the increase in distribution costs and the decrease of federal funds.
Lawmakers with opposition parties criticized the new water law, as well as the state and city budgets approved Tuesday morning.
Institutional Revolutionary Party Assembly Leader Alejandro Arregui said the Water Law seeks to privatize services, which in turn will impact residents’ income.
He said the new law, whose bill was introduced days before the voting, violates the local and Mexican constitution, as well as United Nations agreements.
Assemblyman Luis Moreno, of the conservative Social Encounter Party, said the fastness to approve the bill avoided experts and residents from commenting on the proposal, which he said violates Article 115 of the Mexican Constitution and other international treaties.
“This makes us think there is someone who will benefit with this business,” Moreno said. “Someone or a group of people and interests are going to make a lot of money from Baja Californians.”
The lawmaker said privatizing the water service will lead to price increases.
Moreno said the economic crisis, the increase of the dollar rate exchange, the augmentation of the interest rates by the Bank of Mexico and given Mexicali and Tijuana are the cities with the largest inflation rates nationwide, the average cost of water will also turn into an issue.
The lawmaker announced the filing of an appeal with the Mexican Supreme Court that seeks to declare the new law as unconstitutional.
In a last-minute press conference, Secretary of Infrastructure and Urban Development Manuel Guevara said the worst drought suffered by the state in modern history would be addressed with the new law that will give a push to the construction of infrastructure and will strengthen water agencies while providing new opportunities to businesses and residents.
He underlined that the law is an innovating tool and its approval was an act of responsibility with the state’s present and the future.
Tijuana Public Utilities Commission Director Miguel Lemus said the public-private partnerships allowed by the law do not mean the privatization of public agencies.
The Water Law succeeds a law that was originally approved in 1969.


