A Cancún federal court has ruled in favor of the Quintana Roo government, deeming lawful a 2023 decree by the state congress to revoke Aguakán’s concession for supplying drinking water to four municipalities. The decision paves the way for the Quintana Roo administration to regain control over the drinking water supply, which includes major tourist destinations like Cancún and the Riviera Maya.
The Eighth District Court’s ruling follows allegations of breaches in contract by Aguakán during its tenure as concessionaire for the municipalities of Benito Juárez (Cancún), Playa del Carmen (Riviera Maya), Isla Mujeres, and Puerto Morelos. The court also noted violations of the right to a healthy environment due to sewage spills, mandating that Aguakán modernize its drainage system.
Aguakán currently enjoys a definitive suspension won in January 2024, which remains in effect pending the execution of the federal judge’s ruling on the injunction it lost. The company is expected to file an appeal within 10 business days, after which it will take its case to higher courts.
The Quintana Roo government has been fighting to regain control of the drinking water supply since the state congress approved the decree in 2023. This move follows a shady act by former Governor Roberto Borge Angulo, who finalized the extension of Aguakán’s service concession until 2053 in 2014. The company had delivered more than one billion pesos in guarantees to state agencies, whose whereabouts remain unknown.
The Quintana Roo government filed a criminal complaint for money laundering against Aguakán’s partners and directors last year, citing irregularities surrounding the delivery of these funds. In response, Aguakán issued a statement claiming legal harassment by state authorities, which Governor Mara Lezama Espinosa rejected.
In May, the company’s partners and directors will appear before a federal judge for a hearing to determine their legal status. The Quintana Roo government remains committed to regaining control of the drinking water supply and ensuring that its citizens have access to clean and safe drinking water.
Source: Proceso
