A litigation of almost 100 years of antiquity, by the water of Black Eye Spring that sprouts in the place known as “The Jets”in the highway 57 in the municipality of arteagabecomes topical and uncovers a series of irregularities, in addition to a social problem related to sustainability and the future on the part of the Southeast Region of Coahuila.
In the year 1926, the Supreme Court of Justice of the Nation it issued a ruling in which it privately granted the water rights of the Ojo Negro spring to owners of local properties; Since then, the fight with the authorities has been constant, but now they are facing a new judicial resolution from the local authority, which did not grant them the right to receive benefits for the use of water, which was partly entered into the network of drinking water from the municipal seat of Arteaga.
Arteaga’s growth in the industrial and residential area has created more demand and the municipality is looking for water from different sources.
Alejandro Villarreal Maurypresident of the Association of Owners of Water for Irrigation of Arteaga (APARA), pointed out that there are risks now in sustainability because the Municipality has granted feasibility to the industry and new subdivisions that exceed its capacity; in the Ojo Negro spring dispute They are willing to dialogue as long as there is a comprehensive plan for the use of water.
Last Thursday, March 2, Alejandro Villarreal was arrested by the State Police and was placed under administrative arrest at the Arteaga Municipal Policepresumably for obstructing the channeling work of the spring water Ojo Negro; Subsequently, there were complaints for the obstruction of the work and for threatswhich the businessman categorically rejects.
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Alejandro will face the process in freedom, but points out that it was his duty, as president to the OFFdefend the right granted by the SCJN to individuals since 1926, and alleges that the municipality of Arteaga does not have any document that authorizes it to use the water granted to individuals almost 100 years ago.
IN 2015 THE MUNICIPALITY BEGAN EXTRACTION
“We have been fighting for water for almost 10 years. One of the peculiarities of Black Eye Spring is that they are decreed as private waters. They have nothing to do with any official agency such as With water either CEAS. No authority has rights to that water. They are disputes that come from the 19th century. It has been moving and we have to continue the fight that other people did many years ago ”Villarreal said.
In 1926, after the initial litigation, the SCJN decreed that the water was private in a sentence that caused finality. However, in 2015, an 18-inch diameter pipe began to be introduced into the springs that originate the water.
“We realized that an 18-inch pipe was being installed in a work promoted by the municipality of Arteaga, without notifying us and without authorization of any kind,” he said.
The springs are called Los Alamos, San Vicente, Los Chorros and Ojo Negrowhich create a drainage system close to Highway 57 and, according to the Court’s ruling, are privately owned.
“We realized that a 18 inch pipe in a work promoted by the Arteaga Municipalitywithout notifying us and without authorization of any kind, they installed the tube and we initiated a civil proceeding against the municipality and the Simas, as well as the Infrastructure Secretariat of the State government and a third guest at the trial who is the State Water and Sanitation Commission (CEAS)”Villarreal explained.
In the civil trial, more than 5,000 pieces of evidence were exposed, such as the official newspapers in which the granting of the use of water is recorded, as well as the amparo ruling of 1926, hydrological and geological surveysas well as accounting expert reports on Simas’s documents, because the owners of the water claim the economic benefit that Simas has received from the exploitation of the spring.
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MAGISTRATES RULED AGAINST
In the trial 11/2016 of the Chamber in the State Judiciary On December 15, 2022, a ruling was issued against the claims of the APARA members, but on February 1 an appeal was filed, which was accepted and the case is under study in a second instance in which 10 will participate. magistrates, however, it is expected that the matter will go to the authority for it to settle.
Alejandro clarified that APARA is not claiming ownership of the water, but the civil lawsuit is for damages in which a damage is quantified based on the liters per second that are extracted and the feasibility that the If morebut it is being updated day by day, so there is no defined amount yet, but until the sentence comes out in your favor.
“It’s the only lawsuit we had, for damages, but we don’t really want to receive any money. It had to be done that way because it was the legal resource that existed. We have told the mayors who have passed and the partners and judges, we want a sustainable study of the water to be done because we know that the community is growing and more water needs, but more wells are needed and the spring water can be used better”he pointed.
APARA agreed to provide the population with water from the springs with an 8-inch tube -40 liters per second- that was going to give to a storage tank in beautiful union and the rest of the water runs through the ditch to reach the owners of orchards, both private and ejidatarios.
“But the problem is that now with the development of industry, parks, more population and subdivisions, water is no longer enough. We are providing water to the headwaters, but for the rest we have to look for the supply sources themselves, and if an industrial park comes from another well, but we don’t want them to take advantage of the water that has another use”said.
In the year 1926, the Supreme Court of Justice of the Nation issued a sentence in which it privately granted the water rights of the Ojo Negro spring to owners of local properties.
ARBITRARY DETENTION
Regarding his arrest last Thursday, he said that it was arbitrary and denied that he had threatened any person, as stated in the complaint against him; she is currently in freedom and so it will continue its process.
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He said he is the owner of 3 hours of water 720 hours, each month, that the members of the group have to irrigate their land. As president of APARA, he said that he was only complying with a representation that was granted to him.
He complained about the mistreatment of the Municipal Police and State Policein addition to irregularities with the Public ministrywho never took any statement from him and took extreme measures against him because his rights were not respected.
He pointed out that the members of APARA also feel aggrieved by the Power of attorney not giving due importance to the case by not taking into account the entire file, which is very extensive.
“The personal opinion and that of my lawyers is that they are violating the enforceability of the Supreme Court of Justice of the Nation. It is a civil, criminal and political responsibility. They are violating that execution and we are going to continue against the magistrates for the responsibility in which we believe they incurred ”explained the businessman.
The concern of the OFF is that the water from the springs continues to be used without a sustainable plan, because it is a highly variable flow and there is a risk of it drying up, as has happened in previous years, in addition to the demand and delivery of feasibility to the industry and new subdivisions is huge.
“We have the risk that this water will run out due to the drought. Throughout history, the springs of Los Chorros many times. But now the municipality is trying to connect to the water source, because before they drank it directly from the stream”, said.
In addition, above where the springs flow, the Highway 57 at kilometers 231 and 232 where accidents commonly occur, even to a pipe with toxic product It has already fallen in that place and there is a risk for the population of the municipal seat to take contaminated water sometime.
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APARA’s concern is that the water from the springs continues to be used without a sustainable plan, because it is a highly variable flow and there is a risk of it drying up.
“This water has been compromised through feasibility in a very irresponsible way. In 2013 there were 80 liters per second of availability de Arteaga for the entire municipal seat, but since 2009 they have committed more water than they have.
“If we are adding all the feasibility that have been granted from 2009 to date, I consider that they are between 2,500 to 3,000 liters per second. Due to the arrival of industrial parks and more subdivisions. There are many economic interests in arteaga”exposed.
