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LEGAL FRAMEWORK AT THE NATIONAL/INTERNATIONAL LEVELImage: BECCA successful public participation process in Mexico helps projects to meet the specific needs of communitiesvation infrastructure until satisfactory agreements for both countrieswere reached. Confrontation was avoided and the problem movedfrom the conflict zone into the area of cooperation. Currently, thisinstitutional arrangement is being tested again by the most severedrought in the past 70 years. Now, the drought affects the entireborder region, endangering the almost unique sources of water forthe inhabitants of the border region.One of the greatest achievements of this cooperation schemehas been the border programme of water and sanitation infrastructure,led by the EPA and its counterpart in Mexico, the NationalWater Commission. The purpose of the programme is to improvethe coverage and quality of water services, and therefore health, inthe border area. To this end, the EPA established the Border WaterInfrastructure Program, 4 which in turn funds the EnvironmentalInfrastructure Fund (BEIF) and the Project Development AssistanceProgram that are managed by NADBANK and BECC respectively tosupport studies, designs and construction. In a few years, this borderinfrastructure programme has obtained remarkable results in indicatorssuch as coverage of water and sanitation services. Through thisprogramme, the US invested in water and sanitation infrastructureat the border, not only within its country but also within Mexicanterritory. Mexico, for the projects selected for the BEIF programme,must match the funds invested by the US using federal, state ormunicipal funding. To access these investments, communities inthe border region of both countries must be approved through aproject certification process that is completed through BECC, aunique mechanism to obtain the BIEF funds. Once approved, fundsare deposited with NADBANK as well as the Mexican matchingcounterpart. This certification means that the approved projects aresustainable, technically and financially feasible, withoperation and maintenance plans, and are understoodand supported by the communities.This bilateral cooperation scheme is unique in theworld, establishing an organization which directly identifiesthe needs of the communities, supports their proposalsto meet certification criteria – a body of technical andfinancial requirements – with a long-term planningperspective and with social validation. At the same time,both governments devote resources to this border region,supporting and funding these projects, mainly channelledby NADBANK. This process also includes the coordinationand participation of various levels of the federal, stateand municipal governments of both countries along withmembers of the public and private sectors.In Mexico, a distinctive component of this scheme hasbeen a successful public participation process independentlyconducted by BECC. The process serves not onlythe technical components of projects, but also meetsthe specific needs of the communities and addressestheir points of view and concerns. This approach hasmade a huge difference in this type of infrastructureprojects in Mexico. Virtually no case of strong oppositionduring construction of certified projects has beenregistered, because projects were agreed to in advanceby the communities. Instead, the process has madepossible the obtaining of public support on controversialissues such as the increase of service fees, which hashappened in many border cities to ensure sustainable[ 184 ]