Watershed Councils in the U'S' Mexico

1
Watershed Councils in the U.S. - Mexico

• The Mexican legal perspective of these
  water-guardians

By Denisse Varela
2
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

3
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

4
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

5
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)

6
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

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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.

8
Watershed Councils Backgrounds

• 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.

9
Watershed Councils Backgrounds

• 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.

10
Watershed Councils Backgrounds

• 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.

11
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.

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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.

13
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

14
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

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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

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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

Article 13 of the National Waters Law States
that The Commission, prior accord of its
Technical Council, will create Watershed
Councils as an organization Which intermediate
between the Governments (Federal, State,
Municipal) and the representatives
of water-users Only the concept was introduced,
none specific role was determined into Law
Non-official way to public access to
government-held environmental information was
included in such Annex
17
Watershed Councils

• Since 1997 -

• 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 waterusers might be members
• VI How members will participate and the
  necessity to define substitutes per each member

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
18
Watershed Councils

• Before 2004

• Since April 30, 2004

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
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
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Watershed Councils

• Current watershed councils in Mexico 25

Source www.conagua.gob.mx
20
Watershed Councils

• Current watershed councils in Mexico 25

Sede in Monterrey, Nuevo Leon, Mexico
21
Watershed Councils

• Current watershed councils in Mexico 25

This watershed is not on the border but it is
too near
22
Watershed Councils

• Current watershed councils in Mexico 25

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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

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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

25
Watershed Councils in the U.S. Mexican Border

• 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.

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Watershed Councils in the U.S. Mexican Border

• Whats 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

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Watershed Councils in the U.S. Mexican Border

• Whats 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

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Watershed Councils in the U.S. Mexican Border

• 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

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Thank you!

• denisse.varela-olivas_at_bakernet.com