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Authorities say CAPA must prepare for Aguakan transition

Riviera Maya, Q.R. — Authorities say Quintana Roo must be prepared for a transition that could impact hundreds of thousands of residents. The transition would be from the termination of the Aguakan water concession held in four of the state’s busiest municipalities.

Hugo Alday Nieto

According to Hugo Alday Nieto, President of the Quintana Roo Justice Commission, although Aguakan can still file an appeal, Quintana Roo must be prepared for a transition. He says if the company does not appeal, CAPA will take over Aguakan’s municipalities which, if not handled correctly, could be an exploding problem during the handover process.

He says for that reason, it is important that the Aguakan concession continue through the courts.

“The good work of the Judiciary is evident, so we must wait for the resolutions. At the right time, we must be very careful with the delivery so that the problem doesn’t explode for CAPA during the transition process,” he explained.

“It’s important to ensure that this commitment doesn’t backfire on the Quintana Roo government. At that point, Congress will no longer participate. This process will remain partly within the state, through CAPA and the involved municipalities,” he said.

He acknowledged that Aguakan can still file an appeal and take the dispute to higher courts including the Quintana Roo Circuit Court and even to the Supreme Court of Justice of the Nation (SCJN).

Last week, the Eighth District Court of the Federal Judicial Branch upheld Decree 195 issued by the Quintana Roo Congress rescinding the Aguakan concession. The ruling rendered the concessionaire’s Amparo lawsuit moot, as it was not ratified.

Authorities say CAPA must prepare for Aguakan transition

Aguakan filed the Amparo in December of 2023 days before the official end of its initial 10 year contract to continue providing water and sewage services to Playa del Carmen, Cancun, Isla Mujeres and Puerto Morelos.  

The company refused to hand over the concession saying they had an agreement with a former governor, who extended their contract for another 30 years.