Valle de Bravo-Amanalco Sub-Basin
Submission ID: SEM-23-005
Party concerned: Mexico
Date filed: May 15, 2023
Submission Status: Open
Latest Update: October 13, 2023
The Secretariat determined that the submission warrants the preparation of a factual record under Article 24.28(1) and so informed the Council and the Environment Committee.
Summary of the matter addressed in the submission:
The Submitters assert that Mexico is failing to effectively enforce its environmental laws including constitutional law, the National Waters Act, the Ecological Balance Act and Environmental Protection Act to protect forests, biodiversity, and water resources from degradation and contamination in the Valle de Bravo-Amanalco watershed in the municipality of Valle de Bravo in the State of Mexico, Mexico.
In submission SEM-23-005 (Valle de Bravo-Amanalco Sub-Basin), the Submitters assert that Mexico is failing to protect natural resources, particularly water resources, in the Valle de Bravo-Amanalco sub-basin from the effects of changes in land use from forest to agriculture, livestock, and large real estate developments, alleging considerable impacts on biodiversity and soil erosion, as well as water pollution and soil contamination from untreated waste. The Submitters state that water quality in the watershed has deteriorated due to siltation and contamination of the Valle de Bravo dam because of direct discharge of sewage into the water, as well as discharges of wastewater into the rivers from aquaculture and agriculture with high levels of nitrate and phosphates, and maintain that the Valle de Bravo dam has reached 48% capacity, a historical minimum threshold.
The Submitters highlight that almost all of Valle de Bravo is a protected area that includes part of the Oyamel Fir Forest, a destination for monarch butterfly migration. The Submitters emphasize the importance of these issues, given that the Valle de Bravo watershed provides drinking water for the municipality of Valle de Bravo, neighboring communities, and 24% of the drinking water in thirteen municipalities of the Metropolitan Zone of Mexico City and fourteen municipalities of the State of Mexico through the Cutzamala System.
The Submitters state that the lack of environmental impact authorizations for changes in land use and large real estate developments, including the construction of more than 250 private dams, is a major factor in the issues in watershed today.
Summary of the response provided by the Party:
In its Response, the Party provides information on various activities in the State of Mexico to mitigate impacts from agrochemical use that pollutes soil and water and leads to loss of soil fertility.
In addition, the Party shares information from the Natural Protected Areas Directorate on the Valle de Bravo, Malacatepec, Tilostoc and Temascaltepec River Basins Natural Resources Protection Area and Forest Protection Zone, which describes actions to be carried out in the short, medium and long terms under the Management Program for the Natural Resources Protection Area and Forest Protection Zone.
Mexico’s Response also mentions the existence of ongoing administrative proceedings, initiated with the Federal Attorney for Environmental Protection, which are related to assertions in the submission. In short, criminal charges have been filed with the Attorney General concerning acts which constitute an offense.
Finally, the Party requests that the CEC Secretariat not proceed further with the submission, given that the Response contains detailed information on actions to protect forests, biodiversity and water resources, as well as the existence of administrative proceedings related to the main assertions of the submission.
Names and citations of the environmental laws in question:
Environmental laws including constitutional law, the National Waters Act, the Ecological Balance Act and Environmental Protection Act
Submitter(s):
Names withheld pursuant to Article 16(1)(a) of the ECA.
Submission Timeline
The Secretariat began reviewing the submission under Articles 24.27(2) and (3) of the USMCA.
Submission - Submission authored by Submitter(s) on 15/05/2023
Annex - Other document authored by Submitter(s) on 15/05/2023
Annex - Other document authored by Submitter(s) on 15/05/2023
Annex - Other document authored by Submitter(s) on 15/05/2023
Annex - Other document authored by Submitter(s) on 15/05/2023
Annex - Other document authored by Submitter(s) on 15/05/2023
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Annex - Other document authored by Submitter(s) on 15/05/2023
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Annex - Other document authored by Submitter(s) on 15/05/2023
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 16/05/2023
Notification - Other document authored by Submitter(s) on 06/06/2023
The Secretariat requested the Submitter(s) to correct minor errors of form.
The Submitters corrected the minor errors of form.
Submission - Submission authored by Submitter(s) on 29/05/2023
The Secretariat determined that the submission met the criteria of Article 24.27(2), and requested a response from the concerned government Party in accordance with Article 24.27(3).
Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 14/06/2023
Other Documents - Other document authored by Secretariat on 14/06/2023
Under Article 24.27(4), the Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record under Article 24.28(1).
Party Response - Response from the Party under Article 24.27(4) of the CUSMA/USMCA authored by Mexico on 14/08/2023
The Secretariat determined that the submission warrants the preparation of a factual record under Article 24.28(1) and so informed the Council and the Environment Committee.
Recommendation - Secretariat Notification to Council under Article 24.28(1) of the CUSMA/USMCA authored by Secretariat on 13/10/2023
Annex - Other document authored by Secretariat on 13/10/2023