Last updated on October 23, 2017
Cancun, Q.R. — Ending the current concession for water supplier, Aguakan, is unlikely say officials, and would cost the state millions.
Aguakan’s CEO Roberto Robles said although the legal dispute between the parties will continue, the likeliness of ending the contract is an impossibility because ending the concession will cost the state millions and would imply the company is in non-compliance.
He points out that the state, through their authorities, continue to perform financial and service audits to verify the company complies with the contract. He says that these audits are ongoing but without an established definition.
In order for the contract to be revoked, there must be evidence of non-compliance against Aguakan. If the state wishes to revoke the contract before the end of the 30-year contract, they have to pay a base amount as well as infrastructure costs and numerous other items.
“I could not tell you the amount at this time because it’s not only about the amount of infrastructure we have made, but also a lot of other factors including the long-term commitment of the sessions of rights granted to through the concession contract,” Robles said.
Roberto Robles clarified that, even in the face of this situation, he does not have a bad relationship with the current government.
“I do not think we had better or worse relations with the current authorities or with the previous ones,” he said, “what I interpret is that there are a whole series of doubts that the government has had through the interpretation of the concession title, which they are evaluating and they are analyzing and they are wanting to check to see if there is compliance based on the concession title.”
In regard to the conflict with the payment of Aguakan’s concessions for water and sanitation services in Cancun, Isla Mujeres, Solidaridad and Puerto Morelos, he explained, “ For years payments were made to a specific SEFIPLAN account.
“When the new administration for the Water and Sewage Commission (CAPA) arrived, he asked that this money be deposited in another account, which is owned by CAPA. That generated doubts and for that reason the topic was taken to a court.
“By contract, we must deposit in a specific account and then from there, the government can distribute to wherever it wants. But we have to deposit as established by the concession title.
“We have an Amparo filed for inconsistency of lack of definition,” he added, “the appeal is being paid in an account in a court and we are complying regularly with the payments.”
Aguakan’s director said “legal conflict will continue its course,” but what remains to be seen is how the situation of the audits are defined.
On Thursday, Aguakan announced a joint 70 million peso investment with the municipality of Puerto Morelos for drainage in the colonies Zetina Gasca, Pescadores and the old town. This is expected to be completed over the next two years.
Mayor Laura Fernandez said she maintains the position that CAPA is responsible for the service in the municipality and that the concession to Aguakan be removed, but noted that as long as that is not defined at the state level, which is the authority in charge, they must continue to carry out the necessary infrastructure.
Aguakan’s director said, “We are investing in Benito Juárez, Solidaridad, Puerto Morelos and Isla Mujeres and we cannot stop investing because that would be a breach of the concession title.”