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ing changes specifically in the area of land and social rights in particular the mexican constitution passed in 1917 instituted major land reforms including the right to communal lands known as the ejido system this system specifically allowed for indigenous communities to legally own traditionally communal lands to live on and work these land rights also included the ownership of any water resources within the territory moreover the responsibility of water supply and sanitation was specifically designated to the federal government a duty that was maintained for many decades post revolution 23 in the second half of the 20th century the mexican water supply and sanitation sector has undergone several changes of organization to improve its performance 1948 1983 centralization edit montículo cinerítico front and bárcena behind volcanic cones on san benedicto one of the revillagigedo islands bárcena has existed only since 1952 since 1948 during the presidency of miguel alemán 1946 1952 responsibility for mexican urban water supply systems was vested in the ministry of water resources secretaría de recursos hídricos srh under the federal government for almost 30 years the whole urban water organization was planned and carried out by the general water and sanitation committee within the srh at the local level federal water boards facilitated some local participation but actually also depended on the srh in 1971 during the presidency of luis echeverría 1970 1976 a new committee for water supply and sanitation systems was introduced by srh facing a high increase in urban population which exceeded the centralized system s capacity to provide services despite the creation of more specialized organizations at the national level the federal government finally had no choice but to decentralize the services to the states and municipalities 24 the belief that water provision should be a gift from the federal government may be rooted in the policies of that centralization period 25 in 1982 the mexican economy collapsed precipitated by the drop in oil prices and federal government spending was severely restricted 1983 1989 decentralization edit president miguel de la madrid 1982 1988 took office during the aftermath of the crash of the mexican economy during his administration municipalities were entrusted with providing water supply and sanitation services within the framework of a general decentralization process at the same time state governments were made responsible for technical and financial assistance they were also authorized to decide about the municipalities capacity for providing the services most municipalities neither received the necessary financial resources nor the technical assistance to fulfill their new responsibilities that is why in 1988 only 10 of 31 mexican states had devolved responsibility to the municipalities and where they did service quality and efficiency usually deteriorated 25 26 1989 1990s creation of conagua and further decentralization edit ecotourism in the sierra gorda the chuveje waterfall president carlos salinas elected in 1988 began a significant sector reform creating the national water commission comisión nacional del agua conagua in 1989 which today remains a key player in mexican water supply and sanitation see below at the beginning it was given the task of defining federal policies to strengthen service providers through technical assistance and financial resources conagua among other suggestions soon recommended to strengthen the decentralization process improve the transparency of tariffs and introduce tariff autonomy based on real costs for the service provision and free of political influence consequently many water laws were introduced or amended partly following conagua s guidelines in 1996 21 states had transferred service provision to municipal service providers 25 27 the 2000s proposals for new water laws edit a 2003 modification of the national water law envisaged the transfer of certain functions from both the federal and state levels to newly created institutions at the level of river basins including financial decisions through the creation of a national water financial system the provisions of the new law remain to be implemented 28 in 2015 the government presented a new general water law requiring municipalities to ensure the financial sustainability of service operators it also promotes associations of municipalities and private sector participation furthermore it clarifies the relationship between federal state and municipal governments providing a stronger role for state governments the law is opposed by civil society groups of the platform agua para todos saying it benefits the mining and energy industry at the expense of farmers and city dwellers the water operators association aneas criticizes that the law neglects wastewater treatment and does not sufficiently address the issue of centralized decision making and red tape there was little consultation on the draft law and chances of it being passed before legislative elections in june 2015 are said to be low 29 water laws and regulation edit the 1917 mexican constitution edit sian ka an biosphere reserve first and foremost the constitution of mexico which was originally established in 1917 states that all water in mexico is considered national waters this sets the premises that mexico has the rights all water mexico and can do whatever it is they please with since they hold the territorial rights the only water that is exempt from such territorial rights is rain water specifically before it hits the ground considering it has not touched mexican land 30 mexico also has the rights to various natural resources similar to water such as soil sea water created by salt mines and liquid petroleum they also have the rights to all lagoons natural lakes rivers streams springs and other bodies of water that flow into the ocean directly connected streams flow in between different states flow along borders of different countries and extractable underground waters 31 the constitution also states that the nation has the right to regulate private property as social demands shift including private bodies of water such private land will be regulated through building new infrastructure and simulating farming and agricultural process in order to see how much water is needed all with the intent of avoid such water to be exploited or damaged 31 responsibility for water supply and sanitation edit policy and regulation edit waterfall blue cascade in chiapas mexico priorities at the national level are set through six year state development plans the 2007 2012 national water program programa nacional hídrico aimed to do the following improve water productivity in agriculture improve access and quality to water supply and sanitation support integrated and sustainable water resources management in basins and aquifers improve the technical administrative and financial development in the sector consolidate user and society participation and in this way support economic use prevent risks of meteorological phenomena evaluate the effects of climate change to the water cycle create a culture in compliance with the sector law archived 26 june 2013 at the wayback machine 32 federal policies for water and sanitation are set by the conagua which became a well established autonomous entity under the ministry of environment conagua plays a key role in the sector s financial allocation besides water supply and sanitation it is also responsible for water resources management irrigation flood protection and personnel services 28 at the regional level responsibility for water supply and sanitation vary among the 31 mexican states most of them have created state water commissions comisión estatal de agua cea which are autonomous entities that are usually under the authority of the state ministry of public works most of them provide technical assistance to municipalities and some operate water distribution systems 28 mexico u s water treaties are jointly administered by the international boundary and water commission which was established in 1889 to maintain the border allocate river waters between the two nations and provide for flood control and water sanitation once viewed as a model of international cooperation in recent decades the ibwc has been heavily criticized as an institutional anachronism by passed by modern social environmental and political issues 33 service provision edit sumidero canyon chiapas according to the mexican constitution responsibility for water supply and sanitation services delivery rests with 2 517 municipalities since the decentralization of 1983 24 however a few states deliver services through state water companies on behalf of municipalities in some cases the state agencies directly provide water and sanitation services in rural areas water boards juntas are responsible for water supply 28 due to different policies and programs at the local level service is provided directly by municipalities or by cooperatives public or private utilities which differ substantially concerning size autonomy performance and financial efficiency although most providers lack political independence and financial efficiency there are some notable exceptions that are efficiently operated 28 private sector participation edit in three mexican cities water and sanitation services are provided by private companies as of early 2011 cancun saltillo and aguascalientes the concession in cancun the largest of the three cities is the oldest concession awarded in 1993 as of 2011 it is held by grupo mexicano de desarrollo gmd which is part owned by suez environnement from france 34 the privately held shares in the mixed public private company in saltillo set up in 2001 are held by aguas de barcelona a spanish subsidiary of suez environnement 35 services in aguascalientes are provided by proactivo medio ambiente a joint venture between veolia environnement from france and the spanish construction firm fcc for the latin american market 36 as of 2011 the government planned to award further water concessions beginning with san luis potosí tijuana and tuxtla gutiérrez a concession law that would improve the legal framework was under review by the mexican parliament as of march 2011 37 the state of puebla awarded a 30 year water and sanitation concession to the mexican company aguas de mexico in 2013 29 38 and in 2015 the state of veracruz created a mixed company following the model established in saltillo 39 efficiency edit the efficiency and quality of water and sanitation services vary widely to a large extent reflecting different levels of development across the country on average the level of non revenue water in mexico in 2011 was 38 according to imta and 47 according to conagua 3 almost twice as high as for well run utilities in 2011 as well the average staff per 1 000 connections in a sample of 120 utilities was 5 3 according to imta and 4 9 according to a different sample analyzed by conagua 3 financial aspects edit tariffs edit pantanos de centla centla swamps view of the centla tabasco the mexican average tariff per m3 us 0 32 is about half of the average in latin america and the caribbean us 0 65 2 however since tariffs are fixed at the municipal level depending on different legal frameworks they differ substantially consequently domestic users in tijuana monthly pay us 1 1 for 30m3 whereas customers in villahermosa only pay us 0 05 for the same amount 40 41 on average only 72 of all bills are being paid 31 of water customers are not metered and are charged a flat rate independent of consumption usually commercial and industrial users are charged tariffs close to full cost recovery whereas residential users are cross subsidized sanitation is normally charged as a small percentage share of the water bill 42 cost recovery edit since tariff levels and structures vary widely in mexico some providers fully recover all costs while others do not even cover operating costs 2 there are no reliable figures concerning water supply and sanitation revenues in mexico however it seems that the sector as a whole generates a little modest cash surplus which seems to reflect shortfalls in essential spending on maintenance and modernization rather than financial efficiency 2 according to conagua total tariff collections were us 2 billion mxp21 2 billion 41 in 2006 40 according to a 2011 estimate by imta based on a sample of 96 utilities only 73 of the total amount of water bills was actually collected on average 3 investment edit mexican investment per capita in water supply and sanitation from 1991 to 2006 in constant us dollars of 2006 43 according to conagua us 2 2 billion mxp 28 6 billion were invested in the sector in 2011 44 which is us 19 per capita compared to the investment from 1996 to 2002 which was between us 3 7 and us 5 5 per capita this is a significant increase 45 according to the water operators association aneas mexico needs us 6 6 billion investments per year to make up for historic underinvestment 29 financing edit investments are financed by federal 61 in 2011 up from 33 in 2005 state 23 both in 2011 and 2005 and local subsidies 11 in 2011 down from 14 in 2005 and other sources 5 in 2011 down from 31 in 2005 the latter including self financing credits and private funding 44 two thirds of the investment is channeled through several conagua programs 5 due to overlapping planning and budget cycles at the national regional and local level as well as poor coordinated investment plans project planning is very difficult 46 external support edit most water and sanitation investments in mexico are financed domestically among the major external lenders for water supply and sanitation are the world bank and the inter american development bank which channel their loans to utilities through the national water commission the japan international cooperation agency jica support a potable water quality control project in mexico city since 2005 47 world bank edit the world bank supported a us 300 million project in the state of guanajuato from 2004 to 2009 of which 40 were allocated for water supply and sanitation 48 it also supported a us 55 2 million technical assistance project for the modernization of the water and sanitation sector approved in 2005 49 inter american development bank edit the inter american development bank has financed a series of rural water supply and sanitation projects in mexico with a focus on decentralization community development and participation it began with a first us 560 million project approved in 1998 community development and participation in 20 states 50 followed by a second us 292 5 million project approved in 2005 51 a third phase with a cost of us 200 million was under preparation in early 2010 52 prome edit prome stands for programa de mejoramiento de eficiencia de organismos operadores in english translates to the mexico water...
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