San Diego Union-Tribune

OFFICIAL’S MOTIVES QUESTIONED IN BAJA WATER AGENCY PROBE

Critics acknowledg­e corruption, but say politics play a part

- BY WENDY FRY

Baja California’s new governor, Jaime Bonilla, says he is battling to clean up widespread corruption that for years ate away at the state’s water agency. Even Bonilla’s critics acknowledg­e the corruption and the sad state of the water system, which results in frequent sewage spills that foul Tijuana and San Diego beaches.

But those critics also allege the high-profile investigat­ion, which has already led to 30 criminal complaints, is aimed at Bonilla’s political enemies. And they worry that it could be used to build up his own nest of public funds.

Attorneys for some of the companies swept up in the audit, as well as independen­t political analysts, suspect that Bonilla’s investigat­ive effort may help resurrect the controvers­ial Playas de Rosarito facility, a $470 million seawater desalinati­on project that stalled because of a lack of consensus about the licensing terms to a private company.

Bonilla has been a key proponent of the desalinati­on plant, strongly advocating for it on both sides of the border.

The governor insists his goal is to regulate the water utility so it can better address the sewage spills at the border and provide water and sewer services to all residents in Tijuana and Baja California. Rapid growth in the border state and over-dependence on the Rio Colorado-tijuana aqueduct has led to water scarcity in the region’s coastal zones.

In February, Bonilla pushed

forward an independen­t audit of the Comisión Estatal de Servicios Públicos de Tijuana or CESPT, the agency responsibl­e for supplying the city with water and sewer services and collecting payments.

Results of the expanding audit, which has now turned into a criminal probe, allege employees of the utility colluded with local and internatio­nal corporatio­ns to defraud the state out of millions of dollars in exchange for political funding for their preferred candidates.

That’s money Bonilla says should have been used to invest in infrastruc­ture.

Everyone who spoke to the San Diego Union-tribune agreed that large companies in Baja California were given unfair breaks on their water bill — sometimes paying nothing — in exchange for political support of the prior administra­tion under the National Action Party, or PAN. They emphasized that their concern is about Bonilla’s motivation for the audit, not the audit itself.

Coca-cola — the only company accused in the audit of water theft that has responded publicly — denied any wrongdoing, saying it treats its own water on site, as allowed under federal law.

Independen­t political analyst Dr. Benedicto Ruíz Vargas, a writer and researcher who studies water issues and Baja California politics, said corruption within the water agency has been a well-known fact for decades.

Water agency officials are accused of taking bribes to help big corporatio­ns conceal the amount of water they actually used, so those companies had lower bills. In one example, the Hyundai factory in south Tijuana, the company never paid anything for water or sewage services, according to auditors.

The CESPT has long been regarded as an arm of the former ruling political party, Ruíz said.

“It served to promote politician­s,” said Ruíz.

Bonilla’s staunchest critics belong to the PAN and its candidates are the strongest opponents of MORENA, the political party of both the governor and nation’s president. Ruíz said Bonilla’s efforts could be seen as trying to debilitate the PAN before the next election cycle.

“This effort (the audit) has the principal intention of uncovering the network of corruption of the previous government,” said Ruíz, adding the damage in public perception could affect the PAN beyond just the 2021 election cycle.

“I don’t think there’s any doubt the (water) agency needs to be cleaned up, but if Bonilla, who is the principal enemy of the PAN is the person to do it ...” he said.

Big-name companies like Coca-cola, Fedex, Walmart, Samsung and Hyundai are among the now more than 833 companies statewide that have been implicated in the water agency’s billing irregulari­ties and wide-ranging corruption scheme.

So far, prosecutor­s have filed criminal complaints in Baja California accusing 129 current and former officials of the water agency of bribery and conflict of interest, the state’s Secretary of Honesty and Public Integrity Vincenta Espinoza said Wednesday.

Officials have already collected $27.3 million of the $34.2 million they say the prior administra­tion did not collect from companies and internatio­nal corporatio­ns in Tijuana alone, she added.

Administra­tive directors in the agency have been identified as receiving $50,000 payments to their bank accounts on the same day as the agency approved giant multiuse developmen­t projects without an opinion about how much water the developmen­t would use, which is a requiremen­t for approval, Espinoza said.

“Do you think that’s ethical for a company with 1,500 employees to receive a water bill for 300 pesos ($13), the same as what they would pay at home?” she asked. “It is not real or ethical to say that these are political issues. They say that politicall­y we want to hit them, excuse us, but they are the politician­s. There are more than 900 companies, so if there are three or four politician­s who say we are attacking them, what about the other companies that are not in politics?”

Real estate businessma­n David Saúl Guakil, the former campaign coordinato­r of former President Enrique Peña Nieto, is the owner of at least eight multihousi­ng buildings in Tijuana. Espinoza said clandestin­e pipes were installed there to conceal the true amount of water used on the property.

Guakil, who is running for the mayor of Tijuana, has denied accusation­s of water theft.

Some question whether Bonilla is trying to raise funds and awareness of the state’s water scarcity to secure financing for the desalinati­on plant that was planned for Rosarito. If built, the giant reverse-osmosis facility would convert up to 100 million gallons of seawater a day.

A portion of that water would be sold to the San Diego region, according to details of the financing scheme and Otay Water District documents — a point of great contention in Mexico.

Jaime Martínez Veloz, the president of the Center of Studies for Northern Border Projects, said Bonilla negotiated the deal from both sides of the border, leaving doubt about whether Baja California would actually benefit.

“There’s plenty of shortcomin­gs in the sale and purchasing operations, but for me the seriousnes­s of this — the biggest concern — is that a North American official designed and clarified ... details of a developmen­t with the final goal of selling water to San Diego,” said Martínez Veloz, referring to Bonilla.

Bonilla advocated for the project when he served on the Otay Water District in Chula Vista, but he has since said the financing does not pencil out for Baja California. The project, if financed, would be developed by an internatio­nal consortium in a public-private partnershi­p with the Baja California government.

Meanwhile, some have taken their beef over the audit to the state’s legal system.

Tijuana attorney Aristeo Montaño said he has filed a claim as a precursor to a lawsuit against Baja California’s state-owned water company on behalf of his client, a U.s.-based company accused of water theft that he declined to name. His brief claims the CESPT is unconstitu­tionally setting its own water-fee schedule, and that investigat­ors failed to document the past water use for the new charges.

“They told us we owed 4,400,000 pesos ($195,373) and we had three days to pay,” he said.

The company was threatened with a water shutoff that would have caused its operations to come to a grinding halt during a critical production period and it was never given a receipt or bill detailing the new charges, he said.

A spokesman for the CESPT confirmed several U.S. companies had filed claims against the agency about the retroactiv­e charges, but the spokesman said he could not release copies of the claims to the San Diego Union-tribune because they were in the possession of Fisamex, an outside company conducting the audit.

As part of its contract with the state, Fisamex, a Sonora-based accounting firm, is collecting 20 percent of the funds recuperate­d during the audit — another major source of criticism about the investigat­ion.

Montaño said he believes many companies will take a similar legal strategy when faced with either a complete shutdown that could cost more in lost revenue or paying their new water bill with the retroactiv­e charges.

Since Bonilla is only serving a two-year gubernator­ial term, he will likely avoid some of the political and public fallout when the cases make their way through the state legal system, said Montaño.

“Probably when time comes, Bonilla will be off in La Jolla having a margarita,” he said.

Several residents on both sides of the border said they are not concerned about the governor’s motivation­s for conducting the audit, as long it results in better management of the sewage and water-delivery systems.

“We just want the water cleaned up,” said Imperial Beach Mayor Serge Dedina, who has been a vocal critic of the cross-border sewage spills.

“I couldn’t even begin to tell you what is happening or why. Our only focus is getting the border cleaned up — and what goes on with the bureaucrat­ic or political fights in Mexico or Baja California is really beyond our purview,” he said.

 ?? ALEJANDRO TAMAYO U-T ?? An audit alleges major corporatio­ns in Baja California were given unfair breaks on their water bills when the money could have been used for crumbling infrastruc­ture.
ALEJANDRO TAMAYO U-T An audit alleges major corporatio­ns in Baja California were given unfair breaks on their water bills when the money could have been used for crumbling infrastruc­ture.
 ?? NANCEE E. LEWIS ?? Some question whether Baja California Governor Jaime Bonilla is trying to raise funds and awareness of the state’s water scarcity to secure financing for a desalinati­on plant that was planned for Rosarito.
NANCEE E. LEWIS Some question whether Baja California Governor Jaime Bonilla is trying to raise funds and awareness of the state’s water scarcity to secure financing for a desalinati­on plant that was planned for Rosarito.

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