Watershed Councils in the U.S. - Mexico The Mexican legal perspective of these water-guardians By Denisse Varela

Watershed Councils in the U.S. - Mexico

The Mexican legal perspective of these water-guardians

By Denisse Varela

Legal framework in Mexico

• International Treaties between the U.S. and Mexico. Principally those signed in 1882 and 1944

• Mexican Constitution – published in 1917

– Last amendment to water issues in 2002

• La Paz Agreement – published in 1984

– ANNEX 1 – in force since 1985

Legal framework in Mexico

• General Law of Ecological Balance and Environmental Protection (the “General Law”)

– Published in 1989

• National Waters Law – published in 1992– Last Amendments to National Waters Law –published in 2004

• Regulation to the National Waters Law – published in 1994– Last Amendments to the Regulation to the National Waters Law

published in 2002

Legal frameworkFederal jurisdiction

• Constitution of Mexico

– Federal Waters Article 27

• General Law of Ecological Balance and Environmental Protection. Article 11 fraction V

• National Waters Law

• Regulation to the National Waters Law

• Mexican Official Standards, including for example: NOM-001-CNA-1995; NOM-001-SEMARNAT-1996; NOM-002-CNA; NOM-141-SEMARNAT-2003

Legal frameworkState jurisdiction

• Constitution of Mexico

– Non-Federal Waters Article 124

• General Law of Ecological Balance and Environmental Protection. Article 7 fraction VIII

• Law of Ecological Balance and Environmental Protection for the State of Chihuahua (“Chihuahua State Law”)

• Regulation to the Chihuahua State Law

• Law of Waters for the State of Chihuahua (under discussion)

Legal frameworkMunicipality jurisdiction

• Constitution of Mexico – Rendering of Services: potable water supply

& sewerage systems Article 115• General Law of Ecological Balance and Environmental

Protection. Article 8 fraction VII

• Regulation to the Municipalities, such as Juarez, for example

• Law of Waters for the State of Chihuahua (under discussion)

• Law of Ecological Balance and Environmental Protection for the State of Chihuahua (“Chihuahua State Law”)

• Mexican Official Standards

Watershed Councils Backgrounds

• International Boundary & Water Commission (IBWC) created by a treaty in 1889 International Boundary Commission (IBC)

1944: other treaty change the name of the IBC to IBWC

• Constitution of Mexico– Article 9 since 1917 without any reform

• Freedom to meet or to associate shall not be restricted if people do it pacifically; but only citizens of the Republic might gather regarding Mexican policy matters. The right to deliberate is inherent to unarmed gatherings.


• La Paz Agreement

– ANNEX 1 Done in July 18, 1985

• The La Paz Agreement created a framework for the binational working groups, to address the priority environmental problems of the U.S.-Mexican border area.

• There are 6 transboundary working groups, one of these is the Water Group.


• General Law of Ecological Balance and Environmental Protection

– Published in 1989

• Article 117 fraction II and V:

• Concerns the Government and Society, prevents the pollution of rivers, basins, sea waters and other basins and streams, including underground waters; and

• Society participation and co-responsibility is a must to avoid water pollution.


• General Law of Ecological Balance and Environmental Protection

– Amendment in 1996

• Articles 157 - 159

• In order to promote Public Participation, SEMARNAT shall integrate councils with the nonprofit organizations, the private sector and the academics. SEMARNAT has to explain why it had accepted or refused the opinion of a council.

Watershed Councils

• Meaning

– Article 3 fraction XV National Waters Law amendment in 2004

• “Watershed Councils": heterogeneous groups that shall be the supporters, advisors and assessors as a result of the request for coordination and compromise between the “Commission” (including the Watershed Office of the Commission which corresponds to it) and the Federal, State or Municipality dependencies and offices, and the representatives of the water-users and the organizations of society, in the respective basin or basin area.

Watershed Councils

• Legal authority

– Article 9 National Waters Law

• The Commission shall analyze the rates, listening to the opinion of the Watershed Council.

– Article 13 and 13 BIS 1 National Waters Law

• Watershed Councils are not subordinate to the Water Commission nor to the Watershed Offices of the Commission.

Watershed Councils

• Members

– Article 7 BIS fraction II and X National Waters Law

• Federal Government

• State Government

• Municipality Government

• Water-users (private sector)

• Nonprofit organizations

Watershed Councils

• How they work

– Article 13 BIS and 13 BIS 2 National Waters Law

• Watershed Councils must comply with the following regulations:

– National Waters Law

– Regulations to the National Waters Law

– General Rules to the Integration, Organization and Operation

– Provisions state by the Commission

Watershed Councils

– Article 13 BIS 1 National Waters Law

• Watershed Councils shall have at least the following organizations under their authority:

– General Assambly of Water Users

– Executive Directors

– Operation and Vigilation Commission

– Operative Management

Watershed Councils

• Before 1992– LA PAZ AGREEMENT

• ANNEX 1 To the agreement between the

U.S. and Mexico on cooperation for the

protection and improvement of the

environment in the border area

• 18th day of July, 1985

• In 1992

Non-official way to public access to government-held environmental information

was included in such Annex

Article 13 of the National Waters LawStates that:

“The Commission, prior accord of its Technical Council, will createWatershed Councils as an organizationWhich intermediate between theGovernments (Federal, State, Municipal) and the representatives ofwater-users”

Only the concept was introduced, none specific role was determined into Law

Watershed Councils

• Since 1994 to 1997– Regulation to the National Waters

Law was published

– Article 15 fractions III, V and VI state:– III: What Ministries shall be members of

the watershed council

– V: How many water–users might be members

– VI: How members will participate and the necessity to define substitutes per

each member

• Since 1997 - Regulation to the National Waters Law was amendment

Article 15 fraction I-c) and III state:

- I c) None specific Ministries is mentioned

- I c) The number of water-users whose might be members is not limited to six.

- III: The right of guests are limited explicitly

Watershed Councils• Before 2004 • Since April 30, 2004

Regulation to the National Waters Law amendment 1997

Article 15 fraction I-c) and III state:

- I c) None specific Ministries is considered member of

watershed councils

- I c) The number of water-users whose might be members is not

limited to six.

- III: The right of guests are limited explicitly

National Waters Law amendment 2004

Article 13 BIS, 13 BIS 1, 13 BIS 2, 13 BIS 3, state:

13 BIS: Change the management structure including a Table

13 BIS 2 fraction I: The number of representatives of water-users is not limited, but there are limited to the General Rules to the Integration, Organization and Operation.

13 BIS 3: Enlist the authorities of the watershed councils

Watershed Councils

Current watershed councils in Mexico = 25

No.Watershed

Council

Date of the approval

obtained from the Technical Council of the

CNA

Installation Date

Regional Office of the CNA

1 Baja California Sur

December 15, 1998 March 3, 2000 • I Baja California Peninsula

2 Baja California

December 3, 1999

December 7, 1999

• I Baja California Peninsula

3 Alto Noroeste

December 15, 1998

March 19, 1999

•II Northwest

4 Yaqui y Mátape Rivers*

August, 24 1999

September 15, 2000

•II Northwest

5 Mayo River August 24, 1999 September 15, 2000

•II Northwest

Source: www.conagua.gob.mx

Watershed Councils


6 Fuerte and Sinaloa Rivers

Augost 24, 1999 December 10, 1999

III North Pacific

7 Mocorito al Quelite Rivers

August 24, 1999 December 10, 1999

III North Pacific

8 Presidio al San Pedro Rivers

March 28, 2000 June 15, 2000 III North Pacific

9 Balsas River December 15, 1998

March 26, 1999 •IV Balsas

10 Guerrero Coast March 28, 2000 March 29, 2000 V South Pacific

11 Oaxaca Coast November 25, 1997

April 7, 1999 V South Pacific

12 Rio Bravo* August 10, 1993

January 21, 1999

•VI Rio Bravo

Sede in Monterrey, Nuevo Leon, Mexico

Watershed Councils


13 Nazas-Aguanaval

November 25, 1997

December 1, 1998

•VII North-Center Watersheds

14 Altiplano August 24, 1999 November 23, 1999

•VII North-Center Watersheds

15 Lerma-Chapala December 8, 1992

January 28, 1993 •VIII Lerma-Santiago-Pacific

16 Santiago River May 18, 1999 July 14, 1999 •VIII Lerma-Santiago-Pacific

17 San Fernando-Soto La Marina Rivers

August 24, 1999 August 26, 1999 IX North Gulf

18 Panuco River*

May 18, 1999

August 26, 1999

IX North Gulf

19 Rios Tuxpan al Jamapa

March 28, 2000 12 septiembre 2000

X Center Gulf

20 Papaloapan River

May 18, 1999 June 16, 2000 X Center Gulf

21 Coatzacoalcos River

March 28, 2000 June 16, 2000 X Center Gulf

*This watershed is not on the border but it is too near

Watershed Councils


22 Chiapas Coast November 25, 1997

January 26, 2000 XI South Border

23 Grijalva and Usumacinta Rivers

March 28, 2000 August 11, 2000 XI South Border

24 Yucatan Peninsula

May 18, 1999 December, 14 1999

XII Yucatan Peninsula

25 Valley of México

August 10, 1993

August, 16 1995 •XIII Valley of Mexico waters

Watershed Councils

• Expectations

– Article 12 BIS 1 National Waters Law

• Work in harmony with the Watershed Offices of the Commission

– Article 12 BIS 6 and article 13

• Become the government & nongovernment guardians partnership for water sustainability

Watershed Councils in the U.S. – Mexican Border

• LA PAZ AGREEMENT EXPERIENCES

– Since 1984

– ANNEX 1 cognizant of the obligations adopted by both governments in approving minute 270 of the International Boundary and Water Commission, United States and Mexico (IBWC), signed April 30, 1985 in Ciudad Juárez, Chihuahua, and the special conditions and recommendations adopted on March 6, 1985 by the Inter-American Development Bank in its loan to the Banco Nacional de Obras y Servicios Públicos, S.A. for the expansion and improvement of the potable water supply and sewerage systems of Tijuana (Document PR-1414), the Governments of the U.S and Mexico


• Rio Bravo Basin Coalition

Since 1994

• Conference Uniting the Basin 1994. Recommendations:

a) Strengthen public participation, as part of the Project for the Sustainable Development of the Rio Grande/Rio Bravo Basin; and

b) Promote the creation of subgroups for the Rio Pecos and Rio Conchos no longer than 1995; and prepare their proposals during next three years.


• What’s going to be necessary after 2006…

For the Rio Bravo/Rio Grande Basin: Integration of the IDEAS created by the Rio Bravo Basin Coalition, with the IDEAS of the Water Group of the Border 2012, and with the IDEAS of the Rio Bravo Watershed Council

For the Santa Cruz Basin and the Western Region: Integration of the IDEAS created by the Water Group of the Border 2012, and with the IDEAS of the Baja California Watershed Council or the Alto Noroeste Watershed Council


• What’s going to be necessary after 2006…For all:

Recognition that watersheds sustainability is not only a national problem and consider it as an issue share with the U.S.

Learn more sophisticate communication skills


How?

• Academic meetings to share information in any case between the members of the Watershed Groups and Subgroups of the Border 2012 and the Watershed Councils

• Creation of web pages (English & Spanish) per each Watershed Council. At least for those located on the border with the U.S.

• Actualization of current web pages

Thank you!

[email protected]

Documents

Watershed Councils in the U.S. - Mexico The Mexican legal perspective of these water-guardians By Denisse Varela