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Inauguration of the Jaina Aqueduct: A Community's Struggle

Overview of the Inauguration and Current Water Issues

• The Jaina aqueduct was inaugurated in February 2023, promising water supply to the municipality, but many areas still lack service.

• The contract for the aqueduct dates back to 2003 and includes nine amendments; it originally did not include Jaina. Residents refer to it as a "virtual aqueduct" due to ongoing water shortages.

Personal Accounts of Water Scarcity

• Milagros Alcántara shares her experience living in Jaina, highlighting that her family spends 800 pesos weekly on water delivery due to the lack of service. This financial burden affects their livelihood.

• She emphasizes the necessity of water for her small business selling juice, stating that cleanliness is crucial for food safety and sales. The constant need for purchased water strains their finances further.

Community Activism and Government Accountability

• Activist Alfredo Mieses discusses efforts over 40 years to address water scarcity in Jaina, aiming to draw government attention and support for local needs. He describes a grand inauguration event that failed to deliver tangible results or visible infrastructure improvements.

• Mieses criticizes the presentation of the aqueduct project through media without any actual construction being evident, noting that daily water truck deliveries continue unchanged despite claims of progress.

Ongoing Challenges Faced by Residents

• Maria Guerrero from Villapenca expresses frustration over repeated promises from officials without resolution; she highlights how families are forced to buy water at high costs while existing infrastructure remains non-functional.

• There is a significant impact on household budgets as families must purchase different types of water (for cooking, cleaning, etc.), exacerbating financial strain post-inauguration when no real improvements were made evident.

Legal Actions for Transparency

• César Félix from Fundación ProDesarrollo La Trinitaria initiated legal action under public information laws seeking transparency regarding the aqueduct's contract details after concerns about its legitimacy arose following its inauguration announcement costing 420 million pesos.

• After initial resistance from authorities in providing documentation related to the project’s procedures, a court ruling mandated immediate access to relevant documents concerning the aqueduct's development process and expenditures.

Acueducto y Proceso Legal

Context of the Project and Legal Proceedings

• The discussion revolves around the bidding process for a water project, including necessary certifications from INAPA (Instituto Nacional de Aguas Potables y Alcantarillados) and budget approvals.

• Key documents include plans for water distribution networks, total expenses for the project's first phase, and contracts signed by INAPA with winning bidders.

• A legal challenge was initiated against a ruling from the Administrative Tribunal, leading to an appeal in the Constitutional Court involving a 2003 contract.

• The Constitutional Court rejected this 2003 contract due to lack of budget allocation and established obligations under another agreement regarding multiple aqueduct projects.

• The court ruled in favor of the plaintiff (the foundation), prompting INAPA to notify them about document submissions that were subsequently refused.

Public Administration's Role and Community Engagement

• Wellington Jiménez, legal consultant for INAPA, emphasized their openness to public inquiries and previous meetings with community members who initially misunderstood documentation requirements.

• Clarifications were provided regarding confusion over contracts dating back to 2003 versus current needs; public administration actions must always be justified regardless of existing laws at that time.

Legislative Framework and Contractual Obligations

• Cristal Fiayo discussed Law 340 concerning procurement processes; any changes in contract scope necessitate adherence to current regulations which may differ from those at contract inception.

• Variations in contracts must be carefully managed as they could lead to non-compliance with competitive processes or disrupt economic balance within agreements.

Current State of Water Infrastructure

• Concerns were raised about inaugurating an aqueduct before its completion; discrepancies exist between reported investments and actual infrastructure improvements observed by residents.

• Reports indicate significant funds allocated for new pipelines without clear evidence of a newly constructed aqueduct despite ongoing water shortages faced by local communities.

Modifications to Original Contracts

• The original contract (037/2003), initially valued at 23 million pesos, underwent several amendments over the years due to evolving project requirements.

• Amendments included expansions that added previously unconsidered communities into the project scope; these modifications have been certified by relevant authorities ensuring compliance with oversight standards.

Water Supply Issues in San Cristóbal Communities

Contractual Discrepancies and Community Impact

• The contract value increased to 568 million pesos, raising concerns about its alignment with the original agreement from 2020 to 2023.

• Amendments to the contract introduced new communities that were not part of the initial agreement, highlighting a lack of transparency.

• Current regulations limit amendments to a maximum of 25% for works and 40% for service contracts, questioning the legitimacy of changes made since 2003.

• There is a call for competitive processes due to significant economic imbalance caused by excessive amendments. The affected communities still lack access to water despite these changes.

Abandoned Infrastructure and Community Frustration

• A planned aqueduct project was abandoned over ten years ago, leaving behind materials that were subsequently stolen or neglected. Residents express frustration over unfulfilled promises.

• Local pastor Juan Amador Rodríguez questions why approved water systems are not constructed, emphasizing community reliance on makeshift solutions built by NGOs instead of government initiatives.

• Despite some progress in constructing tanks, many areas remain without adequate water supply; residents feel ignored as projects stall until public protests occur.

Ongoing Neglect and Health Concerns

• Residents report neglect regarding essential infrastructure like pressure lines and wells, indicating a broader issue of mismanagement within the project scope.

• Reports suggest ongoing evaluations by governmental bodies have yet to yield results; critical projects remain incomplete even years later, including non-existent aqueduct systems in certain municipalities.

• Many inhabitants suffer health issues due to inadequate water quality; they face gastrointestinal problems from using non-potable water for daily hygiene practices.

Official Claims vs Community Reality

• INAPA claims that 75% of distribution network work is complete and some sectors are receiving water; however, many residents dispute this assertion based on their experiences waiting for services.