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Administrative Regulation of Water Resource in Chihuahua

The thriving construction industry in Ciudad Juárez almost always presents the same complaints: apparent arbitrariness on the part of urban planning regulations (which I discuss in the series I began on Urban Planning Law in Ciudad Juárez, Chihuahua) and the public water and sewerage services, managed by the Municipal Water and Sanitation Board of Ciudad Juárez.

Therefore, driven by this demand from people to know their rights vis-à-vis the state public administration regarding the vital resource of water, I have decided to write a blog post on the subject. Of course, following the provisions of the Water Law of the State of Chihuahua and other applicable precedents and regulations. It is pertinent to clarify that despite its existence being contemplated in the law, to date there is no regulation on the Water Law of the State of Chihuahua, which generates considerable legal uncertainty for institutions covered by the law, but which lack detailed developments so that the governed know what to expect.

Consequently, this post will analyze how requests are made to the state’s water and sanitation boards; how rates are set for the various public water and sewage services; as well as the penalties and infractions that can be committed in this area. Among other things, we will discuss these matters.

Without further ado, let’s begin:

List of Contents

1) Supplementary Law

For the purposes of submitting requests, procedures, and petitions to the Municipal Water and Sanitation Board of Ciudad Juárez, as well as the Central Water and Sanitation Board of the State of Chihuahua, the Administrative Procedure Law of the State of Chihuahua applies supplementarily under its first article, interpreted a contrario sensu[1]. Therefore, it is important to understand the procedures for dealing with these authorities by reading my post The Administrative Procedure in Chihuahua, Mexico.

Based on these regulations, the governed can determine the maximum amount of time water utility boards have to respond to their requests, how to respond to administrative silence, and even how to challenge resolutions. However, if the aforementioned law is not respected, there is always the possibility of filing an amparo lawsuit, as illustrated by the following lawsuit I had to sponsor regarding this law: Indirect Administrative Amparo against the Municipal Water and Sanitation Board (Spanish).

2) Board Rates

Regarding the income obtained from water and sanitation services, the law stipulates that these will be used exclusively to cover the cost of works and administration, and that the state of Chihuahua or the municipalities may not, under any circumstances, use these revenues. This is in line with the nature of the duties (for more on this concept, see Contributions Contemplated in Mexico), which is the type of contribution covered by these rates, as analogously illustrated by the following precedent: SYSTEM OPERATOR OF THE DRINKING WATER AND SEWERAGE SERVICES OF THE MUNICIPALITY OF PUEBLA (SOAPAP). THE INCOME RECEIVED FOR THE PROVISION OF DRINKING WATER AND SANITATION SERVICES CONSTITUTES CONTRIBUTIONS IN THEIR FORM OF DUTIES[2].

A) Quota and Tariff System

The governor of the state of Chihuahua, through the Chihuahua Central Water and Sanitation Board, shall create a Quota and Tariff System that considers the different uses of water; promotes efficient use of the resource; rationalizes consumption patterns; discourages activities that involve excessive demands; and encourages the use of treated wastewater in activities where drinking water is not required.

In this regard, to quantify the applicable rates, the system created by the central board must be taken into account, as well as the following legality criteria:

a) The percentage increase in inputs.

b) Water extraction costs, depending on the area.

c) Increases in the cost of electricity consumption.

d) Increases in the fixed-rate service.

e) Increases in the metered service.

f) Payment of federal extraction fees.

g) Operating expenses.

h) Administrative expenses.

i) Sanitation expenses.

j) Own investments.

As an example, these are the applicable rates for the Municipality of Ciudad Juárez, Chihuahua, for fiscal year 2025.

B) Progressive Rates

It is important to mention that the nature of the rates for drinking water, sanitation, and sewage services, as previously explained, is a duty, classified as duties for services, and therefore, the principles of proportionality and fiscal equity contained in Article 31, Section IV of the Political Constitution of the United Mexican States apply to them (to understand this topic, see the entryConstitutional Principles of Taxes in Mexico).

In this sense, while in the case of duties, the amount to be covered is related to the cost to the State of providing the public service, as well as its maintenance, it is also true that in the case of water, being a vital liquid and, therefore, a fundamental right, the payment of duties can become disproportionate and inequitable, without thereby rendering it unconstitutional. This is because, through extra-fiscal purposes such as encouraging water conservation or destroying water among the low-income population, progressive rates are considered that penalize large-volume water users more severely. That is, the cost of water increases not in relation to the cost the State must incur for its distribution, but simply in relation to the amount used as a deterrent to prevent waste or to prevent a few people from hoarding water.

The following binding precedents illustrate the nature of water service duties and their human right nature.

DUTIES TO DRINKING WATER SERVICE. TO EXAMINE WHETHER THEY COMPLY WITH THE PRINCIPLES OF PROPORTIONALITY AND EQUITY, THE REAL PURPOSE OF THE SERVICE PROVIDED BY THE PUBLIC ADMINISTRATION MUST BE GIVEN, CONSIDERING ITS COST AND OTHER ELEMENTS THAT AFFECT ITS CONTINUITY[3].

DUTIES FOR SERVICES. THE CORRELATION BETWEEN THE COST OF THE PUBLIC SERVICE PROVIDED AND THE AMOUNT OF THE FEE REMAINS[4].

TAX DUTIES FOR SERVICES. THEIR EVOLUTION IN PRECEDENTS[5].

HUMAN RIGHT TO WATER. CONTENT AND SCOPE OF THE GENERAL OBLIGATIONS OF THE MEXICAN STATE REGARDING THIS RIGHT[6].

3) Contracting and Connection to Public Services

A) Contracting

The provision of drinking water, sanitation, and sewage services will be granted through the signing of an adhesion contract, which will be determined by the Central Water and Sanitation Board of the State of Chihuahua, based on the current tariff schedule of each utility board and other applicable regulations.

B) Obligation to Build Infrastructure

In the case of developers, subdividers, or any type of investor, it is their obligation to carry out the works to connect to the existing general hydraulic infrastructure networks, subject to a feasibility study of services and water volumes, an environmental impact assessment, and other necessary instruments. If the infrastructure for the connection does not exist, the developer or subdivider will construct, at their own expense, the required works in accordance with the specifications established by the utility. In the event that the required volumes of water are not feasible, the developer, fractionator, or any other type of investor must provide the concessions and sources for the required volumes, if applicable, and transfer them to the utility free of charge.

The works executed under the terms of the preceding paragraph will be transferred free of charge to the utility board or municipal utility responsible for providing the service and will become part of its assets under the public domain regime. Therefore, no legal, administrative, or financial act will be formalized that contravenes or evades this transfer.

It should be noted that this obligation, contemplated in the Chihuahua State Water Law—article 32—in my opinion relieves the central board and utility boards of the responsibility to prudently manage their resources and make investments, given that the city’s development is essentially being entrusted to entrepreneurs. Well, some because once the investment has been made and, therefore, the infrastructure built, the utility boards accept the connection of third parties who haven’t spent a cent on it. As if that weren’t enough, once the construction is complete, in many cases the utility boards fail to maintain the infrastructure, which once again extorts the business owner into carrying out new projects or repairing existing ones.

All of this creates a breeding ground for the central board and utility boards, as is unfortunately the case, to concentrate their resources on paying exorbitant salaries to a gilded caste, as well as using their resources for electoral campaigns that contribute nothing to the well-being of the state of Chihuahua and its municipalities. That’s why, in my opinion, the affected business owners should seek to declare the obligation to pay an account unconstitutional because it should be the exclusive jurisdiction of the State and is clearly disproportionate in terms of taxation. I hope to soon have the opportunity to do so with the help of brave business owners.

C) Physical Inspection

Connection to services and the installation of metering devices will result in payment of the corresponding fees. Once the connection is made, the fees established in the tariff record will be payable.

When the utility does not receive payment for the provision of public services within 90 days following the consumption period, it will conduct a physical inspection of the property to verify occupancy and proper service connection. When the property is vacant and it confirms this, the utility may suspend service in whole or in part and remove the metering device.

D) Advance Payment of Fees

As another attack on business owners and developers, the law stipulates that owners or holders of lots located in subdivisions, or developers, must pay the supply fees before the connection date, given that proof of payment is an essential requirement for the use of public services.

E) Infrastructure Maintenance

The maintenance of the general transmission lines and the public network will be the responsibility of the utility boards. The connection and maintenance of residential water intakes, from the metering device arch, will be the responsibility of the property owners or holders.

F) Specific Uses

The specific uses for which drinking water service may be provided are:

I.- Domestic.

II.- Industrial.

III.- Commercial.

IV.- Government buildings.

V.- Public and private schools.

4) User Rights and Obligations

The rights and obligations of users of drinking water and sewage services contemplated in the law include the following:

I.- No user shall be exempt from paying the corresponding fees, whether individuals or public administration agencies or entities of any kind.

II.- No payments in kind may be received for fees resulting from the applied rates.

III.- Industries that require water may be supplied from public lines with the authorization of the water utility, making at their own expense the necessary connections, installations, and expansions, regardless of the fees they must cover.

IV.- Those who have their own water sources shall be obligated to provide the necessary emergency services, connecting to public lines when the water utility or the Central Water and Sanitation Board of Chihuahua so requires.

V.- That the owners or possessors of the properties shall be jointly liable for the payment of drinking water and sanitation rights and services, as well as for repairs and water consumption incurred in the event of leaks.

VI.- That users have the obligation to pay for the public services provided by the municipal utility board or utility under the terms and deadlines established by the tariff act.

VII.- That when there is no water consumption or the authorized sewer outlet is not used, the user may choose to suspend the service or cover the minimum fees established in the corresponding tariff. If the service is suspended, its reconnection will generate a payment related to that purpose, which must be commensurate with the service provided.

VIII.- That when ownership is transferred or possession of a property is acquired by any legal act, the new owners will be subrogated to the rights and obligations, that is, they will assume responsibility for the payment of the rights and public services provided to the corresponding property, arising from the contract.

IX.- That the drinking water service or treated wastewater supply must be metered. When no metering devices are installed, consumption will be paid by a previously established fee or fixed rate.

X.- That in subdivisions or housing developments, green areas will have the necessary infrastructure, according to the technical specifications of the utility, for irrigation with treated wastewater.

5) Public Services

A) Sewage

Utilities are required to monitor wastewater discharges and manage reclaimed water into the urban sewer system, within the scope of the powers granted. However, individuals or legal entities that discharge non-domestic wastewater into the sewer system must:

I.- Report and register the components of their discharges to the utility.

II.- Obtain a wastewater discharge permit.

III.- Keep a monthly generation log and manifests for the delivery, transportation, and reception of hazardous waste, in accordance with applicable regulations, which they will submit to the utility upon request.

IV.- Install and maintain in good condition the gauging devices, as well as the access points to the sampling points, to allow verification of discharge volumes and sample collection.

V.- Inform the utility of any changes in its processes, particularly when the characteristics or volumes of authorized discharges change.

VI.- Allow inspectors designated by the utility to access its facilities when the inspection is based on an order that meets the following minimum requirements:

a) It must be in writing.

b) The inspector conducting the inspection must provide identification with a valid document containing the photograph and signature of the owner of the utility.

c) It must specify where the inspection will take place.

d) The actions, including taking samples for characterization, reviewing documents that will be requested, and the operation of facilities, equipment, or their installation, pipes, and connections.

e) The legal grounds on which the order is issued.

f) The signature of the owner of the utility on the inspection order.

At the beginning of the visit, a detailed report will be prepared in front of two witnesses proposed by the user who will identify themselves and witness the visit. Otherwise, the inspector will do so. At the conclusion, the report will be signed by those involved. If they do not wish to sign, the reason will be stated verbatim. A copy of the report will be given to the user.

VII.- When solid waste, grease, and oils of organic and inorganic origin are generated, they must have retention systems for each waste, and a logbook must be kept to record maintenance and cleaning.

VIII.- Comply with the other requirements established by the Mexican Official Standards on environmental matters, the annex of discharge parameters for each utility, and the corresponding service provision contract.

B) Discharge Permit

The permits issued by the central and municipal governments in Chihuahua are:

I.- Provisional for discharge, valid for 1 to 6 months.

II.- Valid for 1 year, revocable.

Provisional Discharge Permit

Within a period not to exceed 20 business days, users must submit the construction or works execution program for wastewater quality control. The utility will issue a provisional discharge permit. This permit may be renewed for up to the same period if it is demonstrated that the work to adapt the discharge is being carried out and more time is needed for its completion.

Temporary Suspension

The utility will order the temporary or permanent suspension of wastewater discharge into the sewer system when:

I.- No permit is held.

II.- The wastewater quality does not meet the limits indicated in the discharge parameters annex of each utility.

III.- The corresponding fee is not paid.

IV.- The person responsible for the discharge dilutes the wastewater to try to comply with the limits indicated in the discharge parameters annex of each utility.

V.- Hazardous pollutants are discharged.

C) Wastewater

Industrial Discharges

The discharge of toxic, solid, or liquid waste, or any other type of waste resulting from industrial, commercial, or domestic processes, or those classified as hazardous, into the sewer system is prohibited.

On the other hand, wastewater discharges resulting from industrial, commercial, and domestic processes that require connection to the sewer system shall be subject to the permissible limits established in the Mexican Official Standards and other applicable regulations. Wastewater containing toxic substances or any other type of pollutant load above the permissible parameters must be treated before being discharged into the networks or waterways of the state of Chihuahua.

Use of Wastewater

Treated wastewater shall be used in locations where the infrastructure exists and water quality meets applicable regulations, primarily for:

I.- Cleaning of facilities, vehicle fleets, and irrigation of public and private green areas in industrial, commercial, and service establishments.

II.- Industrial cooling, washing, and production systems that do not require potable water.

III.- Earthworks and soil compaction.

IV.-  Fire hydrants.

V.- Ornamental lakes.

VI.- Green areas for sports fields.

6) Inspections

Authorities are empowered to order and conduct inspections to verify compliance with the Chihuahua State Water Law, its regulations, and other applicable laws. They may also suspend public services when unauthorized diversions or uses other than those authorized are verified.

Now, since there is currently no regulation of the Chihuahua State Water Law, to understand the scope of inspections, one must refer to the Chihuahua State Administrative Procedure Law, which, as previously stated, is supplementary in this matter. According to this law, the inspection must be carried out as follows:

A) Rules For Conducting Inspection and Verification Visits

Individuals, or rather, public officials, who conduct inspection or verification visits must be provided with a written order with a handwritten signature issued by the competent authority. An order that must specify:

I.- The name of the person for whom the visit is ordered.

II.- The place or area to be verified or inspected.

III.- The purpose of the visit.

IV.- Its scope.

V.- The legal provisions that justify it.

B) Delivery of the Visit Order

The visit order, containing the above requirements, must be delivered to you as the person being visited or to your representative. If neither of you is present, the administrative authority will leave you advance notice so that you can attend the procedure the following day. If you do not appear either personally or through a representative, the visit order will be left with any person who is present at the place or area where the inspection or verification visit is to be carried out.

C) Start of the Visit

Persons present at the place to be visited must allow access to the public officials designated for the purpose of conducting the visit, under the warning that failure to do so may result in the use of public force.

Furthermore, at the beginning of the visit, the official must identify himself to the persons present. This must be done with a valid photo ID issued by the competent authority that accredits him to perform that function, as well as the express order I mentioned above.

D) Scope of the Visits

Administrative authorities may inspect and verify property, documents, any processable data storage medium, and transportation vehicles for the purpose of verifying compliance with legal provisions, with no limitations other than compliance with the formalities set forth herein.

E) Inspection Report

A detailed report shall be kept of every inspection and verification visit in the presence of two witnesses appointed by the person being visited or the person with whom the visit is scheduled. A copy of this record will be left to the person being visited, even if he or she refuses to sign, but in any case, this circumstance will be noted in the record itself.

The inspection report shall record the following:

I.- Name, business name, or company name of the person being inspected

II.- Time, day, month, and year the inspection begins and ends

III.- Street and number, town or neighborhood, telephone number or other available means of communication, municipality where the inspection is located, and the postal code

IV.- Number and date of the official document that prompted the inspection

V.- Name and position of the person with whom the inspection was conducted

VI.- Name and address of the persons who acted as witnesses

VII.- Information regarding the investigation

VIII.- Declaration of the person who was familiar with the inspection in question, if they wish to do so

IX.- Name and signature of those involved in the inspection, including those of the person or persons who carried it out.

If the person designated to receive the inspection or their legal representative refuses to sign, this will not affect the validity of the report. The person conducting the inspection or verification must record the reason and inform those who refuse.

F) Preliminary and Supplementary Reports

The Administrative Procedure Law of the State of Chihuahua provides for the possibility of creating preliminary or supplementary reports. These reports refer to inspection reports on specific facts that arise during the course of the visit or immediately after its conclusion, provided they satisfy the same formalities stated above.

G) Objections and Evidence

Inspected persons who have been issued with a visit and verification report may, during the course of the visit, make observations on the report and offer evidence related to the facts recorded in the report or in the reports. In any case, this same right may be exercised subsequently, within 5 days of the record being drawn up, but in writing.

H) Resolution

Once any evidence presented by the person being inspected has been presented, within the following 10 business days, the administrative authority will issue a reasoned and reasoned resolution in which it may determine the corresponding liability for the violations found during the visit and verification. It may also, of course, impose the corresponding security measures and sanctions.

7) Sanctions

As a result of inspections or citizen complaints, the Central Water and Sanitation Board of the State of Chihuahua and the utility agencies may impose sanctions, as shown in the following table regarding the sanctioned conduct and its consequences.

ConductSanction
I.- Using waters under state jurisdiction without the respective authorization.Fine equivalent to 300 to 800 Measurement and Update Units.
II.- Using waters under state jurisdiction without observing applicable water quality regulations.Fine equivalent to 50 to 300 Units of Measurement and Update.
III.- Using waters under state jurisdiction in volumes greater than those authorized.Fine equivalent to 50 to 300 Units of Measurement and Update.
IV.- Modify or divert channels, vessels or currents without authorization.Fine equivalent to 300 to 800 Measurement and Update Units.
V.- Occupying receiving bodies owned by the State, without authorization from the Central Board.Fine equivalent to 50 to 300 Units of Measurement and Update.
VI.- Altering the hydraulic infrastructure of operating agencies without their authorization.Fine equivalent to 300 to 800 Measurement and Update Units.
VII.- Deny the information requested by the Central Board to verify compliance with the provisions contained in the Chihuahua State Water Law.Fine equivalent to 20 to 100 Units of Measurement and Update.
VIII.- Installing or using illegal taps, unauthorized diversions or connections for drinking water or discharging wastewater without permission from the competent authority.A fine of 300 to 800 Units of Measurement and Update. Or the temporary or permanent closure of the download.
IX.- The user refuses to repair any water leak located on his property. 
X.- Wasting water, failing to comply with the requirements, standards, and conditions for efficient water use established by the Chihuahua State Water Law or the provisions issued by the competent authority.Fine equivalent to 50 to 300 Units of Measurement and Update.
XI.- Prevent the execution of hydraulic works on public roads for the installation of drinking water, sewage, and sanitation services.Fine equivalent to 300 to 800 Measurement and Update Units.
XII.- Prevent the installation of devices necessary for recording or measuring the quantity and quality of water in accordance with the terms established by the Chihuahua State Water Law and other applicable provisions.Fine equivalent to 50 to 300 Units of Measurement and Update.
XIII.- Causing damage to your meter, violating its seals and those placed on the register where it is installed; altering consumption or causing the meter itself to not register water consumption; or temporarily or permanently removing or changing the meter’s placement.Fine equivalent to 300 to 800 Measurement and Update Units.
XIV.- Prevent the review of measuring devices or their inspection.Fine equivalent to 20 to 100 Units of Measurement and Update.
XV.- Use mechanisms to suction water from the pipelines or distribution pipes.Fine equivalent to 300 to 800 Measurement and Update Units.
XVI.- Discharging wastewater into the sewer system without obtaining permission from the competent authority in charge of this service, or providing false information to obtain the aforementioned permit.A fine of 300 to 800 Units of Measurement and Update. Or the temporary or permanent closure of the download.
XVII.- Receiving public drinking water, treated wastewater, and sewage services or discharging wastewater into sewage systems without having paid the respective fees or charges.Fine equivalent to 20 to 100 Units of Measurement and Update.
XVIII.- Discharging wastewater into sewage systems, violating the limits set forth in the annexes of parameters for authorized discharges of each operating agency.A fine of 300 to 800 Units of Measurement and Update. Or the temporary or permanent closure of the download.
XIX.- Incur in any other violation of the Water Law of the State of Chihuahua.Fine equivalent to 20 to 100 Units of Measurement and Update.

A) Assessment of Sanctions

To sanction violations, the following will be taken into consideration:

I.- Severity.

II.- The offender’s financial circumstances.

III.- Repeat offenses.

IV.- The intentional or negligent nature of the action or omission constituting the violation.

V.- The benefit directly obtained by the offender.

B) Mitigating Factors and Recidivism

If the irregularities are corrected before the operating agency imposes a sanction, said authority must consider this situation as a mitigating factor for the violation committed.

On the other hand, in the case of repeat offenses, which will be considered within one year, the sanction may be up to twice the amount originally imposed, without exceeding twice the maximum allowed.

C) Payment

Fines may be charged to the monthly billing for drinking water, sewage, and sanitation services issued by the utility to the user, although they may not be considered tax credits, if applicable.

8) Review Relief

While it’s true that administrative remedies and lawsuits are available against sanctions imposed by the central board or municipal water and sanitation operating agencies, I want to dwell on an important point here. The Chihuahua State Water Law provides for a remedy known as nonconformity, which, given the poor legislative technique of the Chihuahua State Congress, has not been repealed. This is mentioned because, with the enactment of the Chihuahua State Administrative Procedure Law, the review relief provided therein is now the one that governs water matters in our state. This is so because, as I mentioned, said law seeks to standardize the actions of the state and municipal public administrations of the state of Chihuahua, as well as their legal remedies. So much so that its second transitory article[7] established that the legal remedy contemplated therein, that is, the review relief, repealed all other legal remedies contemplated in each administrative law that did not exclude the applicability of the Administrative Procedure Law of the State of Chihuahua.

That said, it is necessary to briefly analyze this legal remedy so that you know how to defend yourself against the acts or omissions of the central board and municipal water and sanitation boards of the state of Chihuahua:

A) Deadline

The deadline for filing the review relief is within 30 business days following the administrative resolution being challenged.

B) Filing and Resolving Body

The review relief must be submitted in writing to the authority that issued the challenged act and will be resolved by the highest authority in the public administration; the latter will process and substantiate it, unless the challenged act originates with the head of a department, in which case it will be resolved by that authority.

C) Optional Relief

The review relief is optional, as the governed party, without any major problems, may instead file an Administrative Litigation Trial, which must be resolved by the State Court of Administrative Justice (TEJA).

D) Requirements

In the written submission of the review relief, you must specify the following requirements:

I.- The authority to whom the relief is addressed.

II.- Your name and, where applicable, the person representing you. Also, the name of the injured party (or interested party) along with their address, if applicable.

III.- Your address for receiving notifications and documents from the resolving body, as well as, where applicable, an email address.

IV.- The name of the persons you authorize to receive notifications.

V.- The administrative act or resolution you are challenging.

VI.- The date of notification of the challenged resolution.

VII.- In the case of acts that are deemed denied in the absence of an express resolution, and therefore, the fictitious denial is actualized, you must submit the corresponding procedural initiation document or the document on which no resolution has been issued.

VIII.- The administrative authority that issued the challenged act or resolution.

IX.- The background or facts of the challenged act or resolution.

X.- The issues or arguments against the resolution.

XI.- Any evidence related to the facts or background of the relief.

E) Substantiation

Once the relief is received, the authority that issued the challenged act or resolution and before whom the review relief must be filed will forward the file to the resolving body within the following 3 business days. Subsequently, the resolving body will issue a ruling on the admission, prevention, or dismissal of the relief within 10 business days, which must in all cases be personally notified to the appellant.

If the relief is admitted for processing, the resolving body will request a report from the public servant who authorized or issued the challenged act, which may include evidence related to the challenged act and supporting its legality. This must be done within a period of no more than 10 business days.

F) Suspension

From the moment the review relief is filed, the appellant may request the administrative authority that issued the act to suspend its execution. This suspension may, in any case, be granted before the legal remedy is resolved.

The granting or denial of the suspension must be agreed upon no later than 24 hours after the request.

The suspension maintains the current status of the proceedings until the corresponding resolution of the relief is issued. This suspension may be revoked if the conditions under which it was granted are modified.

G) Inadmissibility of the Suspension

The suspension will not be granted in cases where the review relief is inadmissible, the social interest is harmed, public order provisions are violated, damages or losses are caused to third parties, or the procedure is rendered moot.

H) Guarantee of the Suspension

When deciding on the suspension, the authority must specify the necessary guarantees to cover any damages that may be caused to third parties by the suspension. In any case, in the case of fines, these must be guaranteed in accordance with the rules for tax credits provided in the Tax Code of the State of Chihuahua.

The guarantee for the aforementioned damages shall be provided in the following ways:

I.- By deposit note issued by the institution authorized for such purpose, as a tax collection.

II.- By surety bond issued by the respective institutions.

I) Resolution

Once both parties have submitted their arguments or the deadline for submitting them has expired, the resolving body must resolve the relief within the following 15 business days.

However, the decisions made by the resolving body may include the following:

I.- Dismiss the review relief as inadmissible

II.- Confirm the challenged act

III.- Declare the nonexistence or nullity of the challenged act, or revoke it in whole or in part

IV.- Modify or order the modification of the challenged act, or issue or order the issuance of a new one to replace it, when the relief filed is resolved in whole or in part in favor of the appealing party, or order the reinstatement of the administrative procedure.

9) Contentious-Administrative Trial

An Administrative Trial is also available against the acts and omissions of the central and municipal water and sanitation boards of the state of Chihuahua. This is regulated in its core by the Administrative Justice Law of the State of Chihuahua and is resolved by the State Court of Administrative Justice of the State of Chihuahua, which, to date, only has bodies in the state capital. If you’d like to learn more about this trial, check out my entry on the subject: Administrative Justice in Chihuahua, Mexico.

By Omar Gómez

Mexican Tax, Administrative and Constitutional Attorney

Partner at belegalabogados.mx

Contact me at hola@ogomezabogado.com

[1] Article 1.- The provisions of this Law are of public order and interest and are intended to regulate the acts, procedures, and resolutions of the State and Municipal Administrative Authorities of the Centralized Public Administration, as well as the acts of authority of the decentralized bodies of the Parastatal and Paramunicipal Administration, without prejudice to the International Treaties to which Mexico is a party.

This Law shall not apply to matters of public security, fiscal matters, administrative liability of public servants and individuals related to serious administrative offenses, access to public information and protection of personal data, electoral matters, citizen participation, human rights, or to the Public Prosecutor’s Office in the exercise of the functions conferred upon it by the Political Constitution of the United Mexican States and the Political Constitution of the State of Chihuahua. […].

[2] Thesis: VI.1o.A. J/44. FIRST COLLEGIATE COURT IN ADMINISTRATIVE MATTERS OF THE SIXTH CIRCUIT. Ninth Judicial Epoch. Binding Precedent. Digital Registration: 169785.

[3] Thesis: P./J. 4/98. Plenary Session of the Mexican Supreme Court of Justice. Ninth Judicial Epoch. Binding Precedent. Digital Registration: 196936.

[4] Thesis: P./J. 3/98. Plenary Session of the Mexican Supreme Court of Justice. Ninth Judicial Epoch. Binding Precedent. Digital Registration: 196933.

[5] Thesis: P./J. 41/96. Plenary Session of the Mexican Supreme Court of Justice. Ninth Judicial Epoch. Binding Precedent. Digital Registration: 200083.

[6] Thesis: 1a./J. 78/2023 (11a.) First Chamber of the Mexican Supreme Court of Justice. Eleventh Judicial Epoch. Binding Precedent. Digital Registration: 2026556.

[7] SECOND.- All provisions that conflict with the provisions of this Decree are hereby repealed, particularly those relating to and applicable to the various administrative remedies established in the various laws, in the matters regulated by this ordinance.

Administrative procedures and remedies initiated or in force under the provisions being repealed, which are in process upon the entry into force of this ordinance, shall be substantiated and resolved in accordance with the provisions that regulate them.

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