Introduction
The use of water is a priority right and must be accessed, however there are laws that protect this right such as the power to acquire a source of supply as well as forcing us to pay for the service, treat the water used for purpose to avoid contamination in the environment as well as in the source and the over exploitation of it for future use.
The inclusion of the human right of access to water for personal and domestic consumption, in addition to satisfying the concern that has existed for several years in our country, regarding expressly recognizing it in our constitutional order, while without water, there is no possibility of lifetime; especially for people, implies the recognition that its use in sufficient quantity and adequate quality, for the aforementioned purposes, must be privileged with respect to any other and the establishment of the obligation by the authorities to guarantee their respect and exercise, without any discrimination in favor of all the people who are in our country. (Mendoza Vera)
One cannot speak of the dignity of the person if he lacks the minimum resource aimed at covering the basic needs of water, in fact the right to water is part of the minimum content of the right to human dignity, in the same way the absence of water for drinking or personal hygiene, it translates into low quality of life; therefore, the minimum concept of water ownership would condition the quality of life; In this way, we could comply with the reasoning of the constitution attending to the social function of water from the equitable distribution and necessary to live with dignity. (Álvarez, 2011).
Water use rights and obligations
Water is such an elemental substance that it is used daily to cover our needs, however, how much does the individual have the right and obligation in its use ?; water must be guaranteed to the human beings that make up a society and the State of each society governs the appropriate form of its disposal. It is known that to have access to it, a fee has to be paid to the operating agency, which can be both public and private, and given the lack of confidence regarding the quality of the water that is distributed in these systems, purified water is often purchased, in other For own consumption and supply, a source can be purchased for exploitation; however, as well as having the right of its use, we are obliged to comply with the considerations that guarantee its future availability, that is,not waste it or contaminate it, so the treatment and final disposal of the water used in the case of the operating agencies or those that have their own source must comply with the parameters dictated by the State, so it forces us to elaborate this question, how much is supported These events? in accordance with what is established in article 4 of the Political Constitution of the United Mexican States regarding water: “Everyone has the right to access, disposal and sanitation of water for personal and domestic consumption in a sufficient, healthy, acceptable manner and affordable. The State will guarantee this right and the law will define the bases, supports and modalities for the access and equitable and sustainable use of water resources, establishing the participation of the Federation, the federal entities and the municipalities,as well as the participation of citizens for the achievement of said ends. ” In other words, this law guarantees the use of water, its availability and accessibility for consumption, as well as its subsequent treatment. From this perspective, in order for this right to be fulfilled, it is necessary to make a contribution since water as a universal right should not have a however, in article 27, with regard to the use of water, it indicates the following in summary: "The waters within the limits of the national territory are the property of the nation and the latter may authorize the exploitation, use or exploitation to individuals in accordance with Mexican laws, through concessions granted by the Federal Executive, in accordance with the rules and conditions established by Law.”(Political Constitution of the United Mexican States)
Therefore, one as an individual belonging to this country can request a source of water for its exploitation and use; however, in the process of extraction and tubing of water, a production cost is generated, in these cases, water as a right begins to be misinterpreted as a product since for an individual it benefits from this need so they focus on purchasing power sectors such as large cities that require high demands to cover their needs (industry, commerce, domestic, etc.), which for obvious reasons the availability of it is in remote regions and its cost is high contrary to the populations of rural areas, so this law is complied with,however, in view of the evidence of the great contamination from hydrological sources and the high consumption or demand for water in densely populated areas, it is necessary to insert obligations in the use of water in order to guarantee its availability, as an individual or operating agency, it is bound in to what is established in the Federal Law of Rights in chapter VIII of article 222 indicates that: "They are obliged to pay the right on water, natural and moral persons who use, exploit or take advantage of national waters, whether in fact or under the titles of allocation, concession, authorization or permit, granted by the Federal Government, according to the water availability zone in which its extraction is carried out in accordance with the territorial division contained in article 231 of this Law. ”””As an individual or operating agency, it is obliged according to what is established in the Federal Law of Rights in chapter VIII of article 222 indicates that: “They are obliged to pay the right on water, natural and moral persons who use, exploit or take advantage of national waters, either in fact or under the titles of allocation, concession, authorization or permit, granted by the Federal Government, according to the water availability zone in which its extraction is carried out in accordance with the contained territorial division in article 231 of this Law. ”As an individual or operating agency, it is obliged according to what is established in the Federal Law of Rights in chapter VIII of article 222 indicates that: “They are obliged to pay the right on water, natural and moral persons who use, exploit or take advantage of national waters, either in fact or under the titles of allocation, concession, authorization or permit, granted by the Federal Government, according to the water availability zone in which its extraction is carried out in accordance with the contained territorial division in article 231 of this Law. ”concession, authorization or permit, granted by the Federal Government, according to the water availability zone in which its extraction is carried out in accordance with the territorial division contained in article 231 of this Law. ”concession, authorization or permit, granted by the Federal Government, according to the water availability zone in which its extraction is carried out in accordance with the territorial division contained in article 231 of this Law. ”
The obligations that one should have in the use of water are oriented in acts where it is wasted indiscriminately and its contamination. The National Water Law sets forth in article 3 section LII, the concept of use as follows: "Application of water to an activity that involves the consumption, partial or total, of that resource." In this way, fraction LVI, which is understood as: The application of national water for the private use of people and the home, irrigation of its gardens and ornamental trees, including the trough of domestic animals that does not constitute a lucrative activity, in terms of Article 115 of the Political Constitution of the United Mexican States. The use of which is given to water individually, in many occasions is not correct and we do it without measure as if it would never end,without thinking that many inhabitants do not have basic services, and when we open the key we do not even think about the high cost of having it. The impunity of the indiscriminate use of water results in that the facts are not penalized, but that the law considers them as administrative offenses; in relation to article LX (National Water Law), which conceptualizes “Urban Public Use” as: The application of national water for population centers and human settlements, through the municipal network. In the same way, the fourth section of the faults to the environment, ecology and health, establishes as fault, in its article IV: to contaminate the waters of the public sources; with an arrest of 5 to 36 hours.We can summarize that the Law is limited to coercively exercise the misuse of water, hence the impunity for behaviors that harm many human beings, the quality of life and human development.
Conclusions
The laws that govern in Mexico guarantee the right to use water, compel the authorities to provide each citizen with access to water as well as a collector for the transportation of the water used for their treatment, likewise obliges us to pay a fee for the service offered by the operating agency and also protects the environment by preventing overexploitation of supply sources for future generations since the resources are minimal and the challenges are great.
Bibliography
- Álvarez, RB (2011). Water as a fundamental right and its legal-criminal protection. Prolegomena, 213-229.Political Constitution of the United Mexican States. (nd). National Water Law. (sf). Federal Law of Rights. (sf).Mendoza Vera, BA (sf). Atl: The water portal from Mexico. Retrieved on October 2013, from
