Riviera Maya. Q.R. — Aguakan says they have filed a claim of protection against the revocation of their extended concession and will continue to provide their services.
In a public letter dated December 29, the legal company Desarrollos Hidráulicos de Cancún, SA de CV (“DHC”) reported filing the protection order on December 26.
“On December 26 of this year, DHC filed a claim for indirect protection before the Judicial Branch of the Federation. in the State of Quintana Roo, against the effects of Decree number 195 (“Decree 195”), issued by the Legislature of the State of Quintana Roo, on December 22 of this year, by which it was intended to repeal the various Decree number 250 issued by the Legislature itself on December 15, 2014.
“Once the corresponding procedural terms had elapsed, on the date of this notice, the Amparo claim presented was admitted for processing, granting the provisional suspension in favor of DHC, for the purpose of maintaining things in the state in which they currently are and not Decree 195 is applied in the legal sphere of DHC.
“This confirms the right of the concessionaire to continue providing, without affectation or interruption, the public services of drinking water, sewage and sanitation in the Municipalities of Benito Juárez, Isla Mujeres, Puerto Morelos and Solidaridad in the state of Quintana Roo, including after January 1, 2024 and until December 31, 2053, under the terms and conditions provided for in the concession title granted in its favor, including the modifications thereto.
“With the previous resolution, a firm step is taken towards respect and guarantee of the human right to water of the population of the Municipalities of Benito Juárez, Solidaridad, Isla Mujeres and Puerto Morelos, and to the rule of law in Quintana Roo.”
On December 22, 19 participating deputies at the XVII Legislature repealed the decree that had extended the concession until 2053. Within 10 days from the first day of 2024, Aguakan must deliver the service, resources, projects and goods, in working order, to state-owned CAPA (Comisión de Agua Potable y Alcantarillado).
The XVII Legislature of the Congress of the State of Quintana Roo approved to repeal the decree that approved the early extension of the Aguakan concession, considering its approval illegal.
Since 2014, the company Desarrollos Hidráulicos de Cancún (Aguakan) has been providing private water and sewer service to the municipalities of Benito Juárez (Cancun), Isla Mujeres, Puerto Morelos and Solidaridad (Playa del Carmen).
