Costa Rica’s Ombudswoman’s office warns of the risks of the reform of drinking water legislation.
Costa Rica’s Ombudswoman’s Office (DHR) has expressed its opposition to the reform of the ‘Drinking Water Quality Regulations’ proposed by the Ministry of Health, arguing that the measure could endanger public health and weaken environmental protection.
The Ombudswoman’s Office published its position on 20 February in Oficio N° 01777-2025-DHR, addressed to the Minister of Health, Mary Munive Angermüller. The Ombudsman urges the Ministry to give priority to the well-being of the population and the protection of the environment, and to guarantee public policies that reflect a commitment to fundamental rights and the sustainable development of the country.
In light of this situation, the Ombudswoman, Angie Cruickshank, asked the Department of Health for a detailed report on the status of the regulatory reform process, the incorporation of comments received in the public consultation and the measures taken to ensure transparency in the process. The Ombudswoman’s Office also agreed to work with the Department in reviewing the draft regulations and to provide further input if necessary.
The Ombudswoman’s Office bases its opposition on the potential risks that this reform could pose to public health and environmental protection. In particular, it points out that the reform would allow the maximum permissible limits for pesticide residues in drinking water to be raised up to 800 times higher than the current limits, without any technical studies to support this measure. For example, the reform proposes Risk Adjusted Maximum Allowable Values (RAARVs) for chlorothalonil metabolites that would range from 12 to 80 micrograms per litre, depending on the metabolite. The Ombudswoman’s Office warns in its request to the Ministry of Health:
“Any regression in these standards would be a step backwards in the defence of the human right to health and a healthy environment for the Costa Rican population, and would violate not only the principles of non-regression, non-progression, precaution and prevention, but also the provisions of Article 50 of the Costa Rican Constitution”
One of the most controversial aspects of the reform is the replacement of the concept of “Maximum Allowable Value” (MAV) by “Alert Value”, which would allow the distribution of contaminated water until a risk analysis is carried out and a new adjusted parameter is defined. The DHR warns that this procedure, based on theoretical models and without a defined protocol, exposes the population to prolonged consumption of contaminated water, in violation of precautionary and constitutional principles.
The Ombudswoman’s Office also expressed concern about the situation in the municipality of Cipreses de Oreamuno de Cartago, where contamination by chlorothalonil metabolites is already a problem. The institution points out that, despite the fact that the levels of the substance detected in the analyses carried out in 2024 are higher than when the sanitary orders were issued, the Ministry of Health has revoked the sanitary order MS-DRRSCE-DARSO-OS-0087-2022 of 20 October 2022, which it considers a step backwards in environmental protection.
“These analyses, carried out by the competent institutions, show that the population is consuming water with higher levels of contamination of this agrochemical than those detected when the aforementioned health order was issued,” the DHR said, according to Kioscos Ambientales.
The Health Ministry’s reform initiative has caused controversy and alarm in various sectors. The Public Services Regulatory Authority (Aresep) warned that the measure would force providers to invest in specific risk analysis, which would be reflected in higher tariffs. On the other hand, the Tecnológico de Costa Rica (TEC) urged the Ministry of Health, the Ministry of Agriculture and Livestock (MAG) and the Costa Rican Institute of Aqueducts and Sewers (AyA) to carry out a ‘deeper analysis of the reform of the regulation on the quality of drinking water’.
The Ombudswoman’s Office expects a response from the Ministry of Health within five working days.
Sources (Spanish): El Pais / Seminario Universidad / El Mundo
