Lawmaker flags years of unstable water service in Cayey

Rep. Gretchen Hau Irizarry, seen here meeting with an official from the Puerto Rico Aqueduct and Sewer Authority, is pressing PRASA to address long-standing water service deficiencies in Cayey.

By THE STAR STAFF

District 29 (Cidra-Cayey) Rep. Gretchen Hau Irizarry noted on Sunday that for many years, several communities in Cayey have experienced unstable drinking water service, regardless of whether there is a drought.

“In this instance, the management of the Aqueduct and Sewer Authority (PRASA) should conduct a more in-depth analysis of all the communities in Cayey.”

The lawmaker pointed out that there are communities in the mountainous areas “where the use of this precious resource is unfairly restricted because appropriate measures were not taken.”

“These communities include Lapa, part of the Cercadillo neighborhood, and the Pedro Ávila community,” she said. “If water issues in San Juan become a national matter -- with PRASA focusing on finding solutions -- why doesn’t the Authority treat the people in our rural communities the same way?”

Hau said she is considering the option of turning to the courts -- specifically the federal forum -- since that approach succeeded in the Morovis case after years of effort and multiple complaints.

In the case of “Maldonado-González (Municipality of Morovis) v. Puerto Rico Aqueduct and Sewer Authority (AAA),” it was established that the state cannot arbitrarily disregard continuous access to water service.

“The First Circuit Court in Boston concluded that allegations -- stating PRASA had known about the problem for years yet failed to take sufficient action -- could constitute a violation of substantive due process, as they described conduct that might ‘shock the conscience,’” Hau said. “Consequently, the court reversed the dismissal and allowed the case to proceed. The court acknowledged that the customers and the municipality had a plausible claim. While it did not rule that PRASA was liable, it determined that the allegations were serious enough to warrant a trial and the presentation of evidence.”

The practical outcome of the Morovis case was a court-approved settlement. Earlier this year the municipality and PRASA reached an agreement supervised by the federal court, under which the water utility committed to executing over $100 million in infrastructure projects and submitting quarterly progress reports to the municipality.

“That example is proof that the urgent changes required can indeed be achieved,” the legislator said. “The ball is in PRASA’s court.”