Lessons learned from a constitutional controversy on the Mexican water management

Between March and May 2020, fourteen municipalities in Chihuahua, Mexico, initiated a jurisdictional process called ‘constitutional controversy’ at Mexico's Supreme Court of Justice, against the Congress, the President, the Commander of the National Guard, and the National Water Commission. These municipalities sued for the unconstitutionality of the Federal Government's actions regarding the water extraction in the "La Boquilla" dam, in the light of water legislation unsuitable to foster public participation in water management. Moreover, the lack of public participation in the 'La Boquilla' dam water management have resulted in several clashes between water users and the National Guard. Amid the current drafting process of the General Water Law for Mexico, it is important to understand how the Mexican water legal framework has failed as an institutional tool to achieve sustainable water management. This report discusses the “La Boquilla” dam case to highlight the inability of the current Mexican water legal framework to address water-related problems. In doing so, some of the main problems in Mexican water laws’ structure are analysed to show why those laws are hardly complied with and weakly enforced, which has resulted in conflicts and water mismanagement. Finally, it discusses the potential of stakeholder engagement and local water policies for strengthening the rule of law with respect to water for the upcoming General Water Law for Mexico