Sergio B. Bustamante Acuña

Practice Areas

Sergio is a partner of the Mexican law firm Counselors International Abogados, with network offices in several cities of Mexico. He holds a law degree from Universidad Panamericana Law School (JD) in Mexico City; holds an LLM Master in Law from Washington University in Saint Louis with the Dean’s Leadership Award with concentration in negotiations and dispute resolution; has obtained degrees of specialization in environmental, human rights and climate change, corporate, tax, business social responsibility, ESG, energy law, and environmental chapter of the United States-Mexico-Canada Agreement (USMCA). Harvard Law School Program of Negotiations.

He has been practicing corporate law, environmental occupational health and safety law for the past 41 years. Sergio has represented foreign and domestic companies before the Mexican federal, state and municipal environmental, occupational health and safety authorities in areas related to environmental impact, air, water, hazardous waste, high-risk activities, import and export of hazardous materials and waste, permitting, radioactive, environmental audits, waste management plans, administrative litigation, and mergers and acquisitions.

Sergio also has broad experience in dealing with health and safety matters, remediation of contaminated sites, negotiations with regulators, due diligence and compliance matters, and environmental aspects of real estate transactions, which includes the Export Maquila Industry (IMMEX) located through all of Mexico and specifically in the border with the US.

Professional Memberships

Sergio is a member of the environmental committees of the American Bar Association (ABA); Mexican Bar Association (MBA), National Association of Corporate Attorneys (ANADE); Mexican Association of Environmental Impact and past co-chair of the United States-Mexico Bar Association; Ciudad Juarez Economic Development (DECJ); Chihuahua Global Promotional Association; Manufacturing / Maquila Association (INDEX); Borderplex Alliance and teaches Environmental Legislation at the Masters of Business Law at the Universidad Autonoma de Ciudad Juarez (UACJ).

Sergio is member of the International Environmental Lawyer's Network (IELN). Sergio is ranked in Best Lawyers-Environment Mexico and Who's Who Legal/Lexology as a leading practitioner and Thought Leader. Was recognized by Lexology with the Client Choice Award 2025, which recognizes the quality of the service provided to clients.

Personal

Born in Cananea, Sonora, Mexico, on February 1, 1961.

Languages Spoken

Spanish and English

Industry Sector Expertise

I also practice in the Area of Occupational Health and Safety.

Publications

Initiative of the General Water Law, introduced in the Mexican Parliamentary Gazette by the Ruling Morena Party on November 12, 2024

Purpose

This Initiative Law is regulatory and its purpose is to establish the coordination and participation of the Federation, federal entities, Mexico City, municipalities and territorial divisions, indigenous peoples and communities, and all individuals, to respect, protect, and guarantee the human rights associated with water in a sufficient, healthy, acceptable, affordable, and equitable manner, through the protection of the right to a healthy environment associated with the integrated management of water resources. It also regulates the equitable use and exploitation of waters owned by the Nation within the limits of the national territory, as well as the management of water-related risks, with the aim of ensuring integral and sustainable development.

This Law applies to the waters within the national territory, water resources in general, even if they are not nationally owned, national goods for common use, public assets related to water as listed herein and materials located in these assets, with the aim of establishing the bases and schemes for the use, exploitation, and equitable, integral, and sustainable access to water resources.

This new law proposes new obligations and figures such as:

1. Regional Basin Councils;

2. The creation of the Water Use Pattern;

3. The creation of the Socio-Hydric Impact Report;

4. The creation of the Water Rights Transfer Center;

5. A preferential status is given to the use of water for domestic and personal consumption over industrial consumption;

6. The concessions, assignment and access rights for the use and exploitation of surface and groundwater may not be subject to sale, rent, subrogation, or a total or partial change in the authorized use;

The concessions for the use or exploitation of waters owned by the nation will have a minimum validity of five (5) years and a maximum of fifteen (15) years;

The concessions for the use or exploitation of waters owned by the nation may be extended only once, with the same characteristics of the current title, for a period equal to that initially authorized and the extension must be submitted within the last year of validity of the Title Concession and up to one (1) day before its expiration;

7. The transfer of the concession can only be carried out for the total volumes of water granted and will have two (2) modalities: (i) temporary, in favor of the National Water Commission; and (ii) definitive;

No transfer of water rights may be made during the first five (5) years of validity of the concession;

8. The concessionaire may avoid a reduction in the volumes of water originally assigned, by paying a guarantee fee on said volumes, for the period of time in which it has not been used or exploited;

9. In order to guarantee water quality, federal, state and municipal authorities, within their respective areas of competence, must establish the objectives for permit holders of Wastewater Discharge Title Concessions, determine and adjust every five (5) year the particular conditions of the Discharge Permit or disposal of water, taking into account the provisions of the regional water programs;

Receive water quality reports;

In the event that those responsible for the discharges do not comply with the above provisions, the authority may cancel or reduce the volumes of use and discharge or disposal of water considered in the corresponding concessions and permits;

10. The use of rainwater will not require a concession as long as it does not affect the hydrological cycle, the rights of indigenous peoples, or their availability for compliance with the human rights associated with water;

The owners of homes or buildings for industrial, commercial or service use will be responsible for the collection and storage of rainwater there and will be able to take advantage of said volumes without the need for a permits or concession;

11. Due to the risk of water contamination in which it is not possible to predict, reverse, or remedy, the damage to the environment, human health, as well as possible violations of human rights, that hydraulic fracturing activities (fracking) or hydraulic stimulation may cause for the exploration or extraction of hydrocarbons, the use of water to carry out this activity is prohibited;

12. The re-use and recycling of wastewater is allowed and promoted by the holder of the concession through a Notice given to the National Water Commission;

13. The issuance of a New Water Title Concession will require the submittal and approval by the National Water Commission, whereby a social-hydric impact evaluation needs to be included which contains the potential impact on the social and environment conditions in the area;

14. For proper water management a more in-depth citizen and community participation will be required in compliance with the principles of advertising and dissemination for which requirements in the Decree will have to be met.

Transitory Articles

The General Law for Ecological Equilibrium and Environmental Protection must be harmonized with this Decree;

The Federal Executive Will issue the Regulations that this Decree orders, just as the applicable Official Mexican Standards must be issued or harmonized;

The obligations and rights acquired in accordance with the National Water Law (in-force) will be fulfilled in the manner and deadlines provided for in said Ordinance, insofar as it does not contradict this Decree;

Matters that are n process upon the entry into-force of this Decree will be resolved in accordance with the Rules in force at the time of its initiation;

The holders of concessions and assignments for the use and exploitation of waters, property of the nation, granted un accordance with the provisions of the National Waters Law, Reforms, Additions, Regulations, Decrees and other applicable legal instruments, must comply with the obligations provided for this Decree within a period of three (3) years, counted from its publication in the Official Gazette of the Federation;

Within the first year after the entry into force of this Decree, those water concessions owned by the nation that incur or are found in the following cases will be reviewed and, where appropriated, revoked:

(a) Those granted on groundwater from overexploited aquifers according to the availability published in the Federal Official Gazette;

(b) Those granted for exploration and extraction of hydrocarbons by stimulation or hydraulic fracturing techniques (fracking);

(c) Those granted in protected national waters that damage ecosystems;

The Federation must establish the center for the transmission of water rights, the closed wastewater systems and the hydraulic infrastructure necessary to comply with the purposes of this Decree;

The Regional Courts specialized in water matters must be established within one (1) year, counted from the entry into force of this Decree.

Please take into consideration that this is an initiative subject to discussion and approval from both Chambers and therefore, this Decree may be modified. Notwithstanding the above, said document is an overview of what can we expect.

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