Clean water is a fundamental human right — essential not only for health but for living with dignity. Yet, too often, public discourse and policy focus on water supply while overlooking the equally critical need for wastewater treatment.
In the Cali-Baja border region, this imbalance has led to significant environmental and public health issues. The path forward lies in national, binational, and multilateral cooperation.
A human rights imperative
In 2010, the United Nations General Assembly adopted Resolution
A/RES/64/292
, officially recognizing access to clean water and sanitation as essential to the realization of other human rights, including health and a clean environment. According to international law — specifically the International Covenant on Economic, Social and Cultural Rights — this right includes access to “sufficient, safe, acceptable, and accessible” water for personal and domestic use.
But this right doesn’t stop at water access. It also includes sanitation —the process of treating wastewater to remove harmful pathogens so it can be safely reused or released back into the environment. Despite its importance, sanitation is often neglected, largely due to high costs.
Globally, more than 2.6 billion people lack access to basic sanitation. Each year, this results in the deaths of over 1.5 million children under the age of five and the loss of 443 million school days due to waterborne illnesses.
A shared basin, a shared responsibility
The Cali-Baja region shares a vital hydrological system, fed primarily by the Colorado River and secondarily by the Tijuana River. The
1944 U.S.-Mexico Water Treaty
governs the use of these binational water resources. Under this treaty, the U.S. and Mexico maintain a coordinated relationship through the
International Boundary and Water Commission
, with sections in both countries.
However, the treaty primarily focuses on water distribution, with only vague references to sanitation in Articles 3 and 11. To address emerging issues not covered in the original agreement, the treaty allows for supplemental “minutes” — legal addenda that expand the framework. Several of these address sanitation in Tijuana.
Local pollution, binational consequences
Despite these legal instruments, untreated wastewater from Tijuana continues to flow into the U.S., harming both the environment and public health. The problem is especially severe in residential developments along Boulevard 2000 in Tijuana.
Many of these communities are still privately owned and lack proper sewage infrastructure, discharge permits, or municipal oversight. As a result, raw sewage is being released into the environment, affecting both residents and nearby U.S. communities like Imperial Beach.
Legally, Baja California’s state laws governing drinking water and sewage are out of step with Mexico’s federal water laws, creating a regulatory gap that exacerbates the problem.
Three solutions to move forward
-
Legal Reform.
Baja California must update its state legislation to align with federal laws. Municipalities that issue construction permits should require developers to include wastewater treatment systems or sewer connections as a condition for approval. This legal gap is a root cause of the current crisis.
-
Technical Innovation.
One practical and eco-friendly solution is the use of constructed wetland engineered ecosystems that mimic natural processes to treat wastewater. These systems can be deployed on both sides of the border and provide a sustainable way to reuse water for agriculture or safely return it to local waterways.
-
Economic Investment.
The treaty outlines a series of binational sanitation projects funded by both the U.S. and Mexican governments. However, for these projects to succeed, funding must be included in the annual federal budgets of both nations. Additional support could come from organizations like the North American Development Bank and the Border Environment Cooperation Commission, which finance infrastructure projects that promote public health and environmental sustainability in border communities.
From conflict to cooperation
Addressing the wastewater crisis in the Cali-Baja region will require investment, political will, and, most importantly, binational cooperation. The good news is that viable solutions exist. By choosing collaboration over conflict, both nations can protect public health, preserve shared natural resources, and uphold the human right to clean water and sanitation.
Flor Fierro is a professor of law at the Mexicali campus of
CETYS University
.
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