The Future of Water in Guatemala: Is It Time for a Law?  

Rodolfo Salazar

Water is the central pillar of any society’s existence and prosperity. In Guatemala, as in many nations, water plays a multifaceted role: it is essential for drinking, crucial for the agriculture that feeds the population, indispensable for the industries that sustain the economy, intrinsic to the culture of the people and, without a doubt, a pillar of public health. But this resource, which should be considered a national treasure, is at a worrying turning point in the country.

Despite its immense importance, Guatemala faces a significant dilemma: the current legal framework does not provide the necessary safeguards and regulations to adequately protect and manage this invaluable resource, and has been exhausted for more than half a century. While the challenge of water management is not unique to Guatemala, other countries have successfully addressed this issue. Take Denmark, for example. This developed country has established exemplary water management, with a regulatory system that promotes both conservation and efficiency in water use.

Through a combination of advanced technologies, public policies and strong citizen awareness, Denmark has managed to ensure a sustainable, high-quality drinking water supply for its citizens, while supporting the needs of its agricultural and industrial sector. This Danish experience could serve as an inspirational beacon for countries like Guatemala, highlighting the importance and benefits of having adequate water regulation and management that respects the three pillars of sustainability, such as sustainable economic growth, environmental protection and social welfare.

The Current Situation of Water Sources in Guatemala

Guatemala’s water reality is in a critical situation. Despite being a country with a relative abundance of water resources, the management and care of these resources has lagged behind, despite the fact that the Constitution has mandated that a specific law regulate them. Although on paper, Guatemala has scattered legislation regulating water and government policies through its ministries that seek to protect and regulate the use and conservation of its sources, the gap between theory, actual regulation and practice is significant. Inconsistent and sometimes negligent application of these laws and policies has led to extensive pollution, neglect, and overexploitation of rivers, lakes, and other bodies of water. These actions not only endanger the aquatic ecosystem and the biodiversity that depends on it, but also seriously compromise the quality of life and health of its inhabitants, and thus national security.

The panorama resulting from this deficient management is desolate. Rivers that were once crystal clear are now stained by industrial and agricultural pollution; lakes and lagoons, which are the country’s natural and cultural heritage, show evident signs of degradation; and aquifers, essential for drinking water supply, face alarming levels of depletion. This problem is aggravated in rural areas, where infrastructure and basic services are limited. Urban and rural populations are particularly hard hit by the repercussions of this water crisis. Lack of access to safe drinking water triggers waterborne diseases, which increase infant mortality and food security and, in the most extreme cases, forces entire families to move in search of safer water sources, further destabilizing the country’s social and territorial cohesion.

Health Impact of Water Deterioration

A country’s public health is intrinsically linked to the quality of its water sources. The contamination and degradation of these sources not only represent a threat to the ecological balance, but also trigger a series of health problems of great importance for the health of the population in general, aggravating the effects of chronic malnutrition and vulnerability to gastrointestinal diseases. These problems not only affect those who consume the water directly, but also have a ripple effect in various areas of daily life.

For those who, either out of necessity or ignorance, ingest water directly from contaminated sources, the risk is immediate. Contaminated water can carry a variety of pathogens, including viruses, bacteria and parasites, which cause diseases such as dysentery, cholera, hepatitis A, among others. In addition, chemical contamination from industrial or agricultural waste can introduce toxic substances into the body, which in the long term can lead to chronic diseases, reproductive problems and, in extreme cases, death.

The problem is not limited to direct consumption. The use of contaminated water in agriculture has a multiplier effect. Crops irrigated with this water not only absorb and accumulate contaminants, but also, when consumed, pass these risks on to the population. This implies that even those who have access to drinking water for direct consumption are not exempt from the danger if they consume contaminated agricultural products. In addition, the use of contaminated water in agriculture can damage soil quality, affect crop yields and increase the vulnerability of crops to pests and diseases.

Added to this is the economic impact of treating diseases resulting from water contamination, which falls on public and private health systems, and on families, who face medical expenses, often unforeseen and high. Similarly, farmers’ incomes are affected due to the decline in the quality and quantity of their products.

The degradation of water sources and its consequent impact on public health and the country’s agricultural economy, emphasize the imperative need to address the water problem in Guatemala in a comprehensive and urgent manner.

Reconciliation between Governmental and Commercial Entities

Water management is a multidimensional challenge that requires a collaborative approach. Industries, often seen as major consumers and polluters of the resource, have a crucial role to play in redefining sustainable practices. This responsibility not only addresses an ethical and social need, but, in the long term, can translate into economic benefits. An industry that adopts sustainable practices can improve its public image, reduce costs through water reuse, and ensure the future availability of the resource, which is essential to its operations.

For its part, the government has the duty to establish a clear and efficient regulatory framework that encourages responsible practices and sanctions those that threaten the sustainability of the resource. In addition to regulation, it is vital to invest in modern infrastructure that allows for a fair and efficient distribution of water, as well as in systems that facilitate the purification and reuse of the resource, thus reducing pressure on natural sources. Such investment will never be possible as long as regulation does not generate the necessary incentives that will allow private investment to replace public investment in many cases, and there is uncertainty as to how the sector will be regulated.

Dialogue is an irreplaceable tool in this process. Working groups and intersectoral committees should be established where government and private sector representatives can discuss and define joint strategies to make the country viable as a generator of water resources. These spaces would allow the identification of cooperation opportunities, such as joint investment projects in clean technologies or training programs for industries on water sustainability.

Finally, the role of education is indispensable. Not only is it necessary to educate future generations about the importance of the resource and how to protect it, but also to train the industrial sector on techniques and methods that allow for more efficient and sustainable water management. These combined efforts can lead to water management that benefits both the environment and Guatemalan society and economy.

The Imperative Need for a Water Law

The current context calls for a profound and critical review, as there is no specific law related to water. The socioeconomic dynamism and environmental challenges facing Guatemala demand a more coherent legal approach adapted to current circumstances. In this sense, water, more than a simple resource, is a human right that should be guaranteed for all people, regardless of their socioeconomic status or place of residence.

The economic value of water is undoubtedly one of the central pieces in the construction of a law. Industries and the agricultural sector, which are large consumers of the resource, must be regulated under standards that promote sustainable water use and prevent its pollution. However, the economic perspective cannot overshadow the intrinsic value of water as a source of life and well-being for Guatemalans. Public health, for example, depends to a large extent on the quality of the water consumed. Contaminated water can trigger disease outbreaks and have far-reaching health consequences.

The drinking water and sanitation aspect is another key issue. Ensuring equitable access to safe drinking water and basic sanitation services is essential to improve the quality of life and ensure the health of the population. These areas, often neglected or relegated to the background, should be a priority in any legal proposal that seeks to manage water comprehensively, and it should be taken into account that the infrastructure to guarantee the supply of drinking water and the treatment of sewage or wastewater requires large investments that will only be possible in a framework of political certainty and social stability.

On the other hand, when talking about a water law, it is vital to recognize the diversity of actors and users of the resource. Indigenous communities, for example, have ancestral rights and a special relationship with water that must be recognized and respected in any regulatory framework. Likewise, each region and community has its own particularities and water needs that must be addressed. Therefore, our reality cannot be ignored and any initiative must take into account its complexity in order to be successful.

Finally, any legislative effort in this direction must be the result of a participatory process, where the voices of all are heard and taken into account and the best minds of Guatemala and the world are urgently called upon to achieve a comprehensive solution. This inclusiveness will not only guarantee a fair and equitable law, but will also strengthen its legitimacy and applicability, encouraging compliance and respect by all Guatemalans. It is time to act and build a sustainable and just water future for Guatemala.

Towards a National Consensus

The diversity and complexity of water management demand a collaborative and participatory approach. The challenge lies not only in identifying and recognizing all stakeholders, but also in facilitating spaces where dialogue and exchange of ideas can flow in an open and constructive manner. It is not simply a matter of managing a resource, but of building a sustainable future for Guatemala based on mutual respect and co-responsibility.

Companies, in their role as main economic agents, must internalize the idea that sustainability is, in the long term, a profitable investment. The adoption of cleaner technologies, water reuse and active participation in conservation projects can translate not only into environmental benefits, but also into a better corporate image and more harmonious relations with the communities where they operate.

On the other hand, indigenous communities represent an invaluable source of wisdom and experience. Their relationship with water, based on centuries of coexistence and respect, can offer fundamental lessons in conservation, equity and responsible use. It is essential that this ancestral relationship be considered and respected in any regulatory framework or water project.

Beyond these actors, the country’s civil society, educational centers and universities also have a crucial role to play in this dialogue. Civil organizations can act as mediators, facilitators and defenders of the rights of the most vulnerable communities. Educational centers and universities, for their part, can contribute with research, data and technical proposals to enrich the discussion.

To achieve this consensus, participation mechanisms that go beyond formal consultations should be established. Roundtables, forums, workshops and other forms of participation should be promoted and supported by both the government and the private sector. Building this national consensus on water management in Guatemala is an imperative that, although challenging, can lead the country towards a more just, sustainable and prosperous future.

Water not only represents the source of life for its inhabitants, but is also the pillar on which much of its socioeconomic development is built. It is undeniable that water is one of Guatemala’s main treasures, as well as one of the most colossal challenges facing the country. When navigating the complex journey of guaranteeing an adequate supply, the enormous need for a regulation that, from an economic approach, allows the consolidation and strengthening of various sectors becomes evident.

In the industrial sphere, a robust water policy could establish parameters that promote the efficient and sustainable use of water, thus encouraging responsible and competitive production. On the other hand, a relevant legal framework is crucial for the development and maintenance of sewerage, which is vital for urban welfare and public health. Without an effective sanitation system, the risks of contamination and disease increase, directly affecting the quality of life of citizens.

Agriculture, one of the fundamental pillars of the Guatemalan economy, is also directly impacted by water management. Appropriate regulations can promote more efficient irrigation practices, ensuring not only food security, but also the sustainability of water resources for future generations.

Therefore, the call is clear: it is imperative to have solid, consensual regulations that are adapted to the realities and needs of the country. We can no longer afford to postpone decisions that will determine the course of Guatemala’s water future; negligence in attending to this sector will put the present and the next generation at serious risk. The challenges are evident, but the opportunities that emerge from proper management are innumerable. The time to act is now; the fate of this invaluable resource, and with it the well-being and progress of Guatemala, depends on the actions we take now. It is time to reach great consensus and take on great challenges.

Rodolfo Salazar is a founding partner of BLP in Guatemala. He specializes in the practices of Dispute Resolution, Public Law, Administrative Contracting & Economic Regulation, Energy & Infrastructure and Environmental, Occupational Health & Safety.