Quintana Roo Wins Court Battle Over Water Control

Cancún, Quintana Roo — A federal court in Cancún has ruled in favor of a 2023 decree approved by the Quintana Roo Congress to revoke the water supply concession held by Aguakan, the company responsible for providing potable water to four municipalities in the state. The decision marks a significant step for the Quintana Roo government in its effort to regain control of water distribution, which includes Cancún and the Riviera Maya, Mexico’s largest tourist destinations.

Legal Battle Over Water Concession

On Tuesday, the Eighth District Court dismissed Aguakan’s injunction request and upheld the legality of the congressional decree. Lawmakers had justified the revocation by citing contractual breaches by the company during its tenure as concessionaire in the municipalities of Benito Juárez (Cancún), Playa del Carmen (Riviera Maya), Isla Mujeres, and Puerto Morelos.

Authorities also accused Aguakan of environmental violations, including sewage spills, as the company was contractually obligated to modernize the drainage network.

Despite the ruling, Aguakan retains a definitive suspension granted in January 2024, which remains in effect pending further judicial action. The company had filed the injunction in late 2023 to challenge the congressional decree. It is expected to appeal the decision within the next 10 business days, escalating the case to higher courts.

Controversial Concession Extension

The concession, extended until 2053, was finalized in 2014 under the administration of former Governor Roberto Borge Angulo, who is currently imprisoned for crimes related to public office. The extension has been widely criticized as one of the most opaque acts in Quintana Roo’s public administration, involving over one billion pesos in guarantees paid by Aguakan to state agencies—funds whose whereabouts remain unknown.

Last year, the state government filed a criminal complaint for money laundering against the company’s shareholders and executives. In February, Aguakan issued a statement accusing state authorities of legal harassment, a claim denied by Governor Mara Lezama Espinosa.

Upcoming Legal Proceedings

In May, Aguakan’s shareholders and executives—who currently hold injunctions against potential arrests—are scheduled to appear before a federal judge for an arraignment hearing, which will determine their legal status.

The case continues to unfold as Quintana Roo seeks to reclaim oversight of its water supply amid ongoing legal challenges.