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Cancun judge overturns Aguakan protection Amparo

Riviera Maya, Q.R. — The Eighth District Court based in Cancun has denied the protection filed by Desarrollos Hidráulicos de Cancún (Aguakan). The company filed for protection against the Congress of Quintana Roo who, in December 2023, had deemed their contract complete.

Aguakan has been providing water, sewage, drainage and sanitation services in Cancun, Isla Mujeres, Puerto Morelos and Playa del Carmen since 1993. However, at the end of 2023, their 10 year contract was up.

In a bid to continue with a 30 year contact extension Congress deemed illegal, water company Aguakan filed a protection Amparo days before the end of the year and won. The protection was filed after, in December 2014, Aguakan obtained from the government, then-headed by Roberto Borge Angulo, an early extension of the contract to 2053.

After Congress deemed their initial 10 year contract finished, Aguakan argued they had a legal contract extension for another 30 years and filed protection against Congress in the form of an Amparo to stop the state from ending its services.

On Monday, a Cancun court reversed that Amparo. Aguakan can still file an appeal against the ruling, which would mean a resolution from a Collegiate Court would be required for it to become final and be enforceable.