Customary law and the law

Customary law has existed in Mexico for centuries. Despite their unfavorable situation, these human groups, in most cases, still have their own organization, their authorities, their legal norms, their sanctions that remain in force, even though they have been valued as mere folklore due to ethnocentrism or ignorance. (^{Gómez, 1988}: 13-14).

So, customary law is a set of norms and rules of behavior and social coexistence that contribute to integration, to the maintenance of internal

order and to the solution of conflicts (including a system of sanctions for those who violate these norms) ... it has not been created by the State (^{Stavenhagen, 1988}: 99).

Natural resources and especially water, is part of the customary attributions of these human groups. In the systems built and managed by users of ancient origin and of peasant and indigenous populations, there is, for each territory and water system in particular, a deep understanding of the customary nature of water rights, taking into account the rights to capture and use, the rights to operate, supervise and administer, and the rights to control and own it (that is, the definition, regulation and representation of water uses and users) (^{Bendan-Beckmann, F von., Bendan-Beckmann, K von., & Spiertz., 1998}).

While regarding the formal regulation of drinking water systems, the amendment to Article 115 of the Constitution of 1983 establishes that it is the municipalities that have the responsibility to provide public services of drinking water and sewerage, no mention is made of the incorporation of the organizations of the rural communities in the administration of the resource, and the strengthening of community life in the ejidos and the communities is hardly considered through the regulation of the waters and other actions of promotion.

However, the reform established in 1999 already introduces some guidelines to contemplate this social participation by stating that:

The city councils shall have the authority to approve, in accordance with the municipal laws to be issued by the legislatures of the States, the police and government factions, the regulations, circulars and administrative provisions of general observance within their respective jurisdictions, which shall organize the municipal public administration, regulate the matters, procedures, functions and public services of its competence and ensure citizen and neighborhood participation. (DOF, 1993).

These incipient acknowledgments to the organizational experiences of the communities for water management are also seen in the National Water Law of 1992 (DOF, 2011), which in its article 5, sections II and III indicates that the Federal Executive " It will encourage the participation of water users and individuals in the execution and administration of works and hydraulic services, and will favor the decentralization of water resources management in accordance with the current legal framework.

The social structure

The social structure is also known as the social system (^{Harris, 2001}), and has proved to be the most important component to understand and identify the forms of organization of societies and human groups (^{Radcliffe-Brown, 1972}, ^{Harris, 2001}). Therefore, understanding the social structure becomes essential to identify the most important components related to water and its social management.

Social structures are as real as individual organisms (Radcliffe, 1972: 217). In the first place, Radcliffe Brown considers them as part of social relationships from person to person, while for ^{Wasserstrom he defines them by their principles of collectivity (Wasserstrom, 1989)}.

Thus, a social structure is a set of individuals and their rules that are dedicated to coordinated activities relatively coherent with each other, with respect to the general aims of social organization. Research on organizations studies the behavior of individuals in their social roles and the behavior of organizations in terms of collective units (Durkheim, 1978; ^{Weber, 1957}).

In Mexico, this aspect is very important, since the country has hundreds of communities that present a traditional social organization that has a high percentage of community structure, which is in charge of managing, using and managing the natural and human resources that make it up (^{Wolf, 1981}, ^{Greenberg, 2002}).

It should be noted that the analysis of organizations focuses on the system of interrelated attributes, where they fit with each other, and where are the relationships and mutual influences. In other words, each social system is framed and influenced by other, larger systems. At the same time, in practice, organizations function in the local and then regional context. The latter are inserted into the broader framework of societies, cultures and states (^{Barnard, 1962}).

The choice of a social structure and its theory for the study of water management becomes fundamental for the Integrated management of water resources, However, the old human groups existing in the State of Mexico, have social structures that result in organizational forms that are in conflict with current or constitutional law, which is the general framework for the study of social structure, water and the Integrated management of water resources.

The social theory of Charge systems

^{Estrada and Romero (2004}:123), define the cargo system and its relationship with water management as: "A social structure of ancient origin that is responsible for organizing the community to manage their water resources through customary law".

But what is it and how does the charging system work?

The investigations that approach the social organization in the cultural area of Mesoamerica, consider that the institution of greater socio-cultural relevance is the so-called system of charges:

"In the Mesoamerican world, the organization of community positions is subdivided into two specialized sectors. On the one hand, the set of political - administrative public functions, which unite the community with the state institutions within the framework of the municipality (constitutional council), on the other the religious positions assigned to the celebration of major events of the ceremonial cycle "(^{Galinier, 1990}: 115).

The system of civic-religious positions created in the rural community throughout its history is discovered in anthropology in Mexico, as a social structure that permeates all community activities (^{Romero, 2009}). It appears for the first time in an article by Sol Tax in 1937. In it is the first theoretical model of the system of charges in the way it will be found later in the ethnography on communities in Mexico:

The municipalities (and community towns) are differentiated by having a common social system of great scope, both in politics and religion, each one keeps unity and relative independence: the system of charges" (^{Tax, 1937}: 442-444).

Civil and religious officials are placed in a hierarchical sequence through which every individual is supposed to pass. Those who have fulfilled their obligations to the community, enter the category of senior elders and form a council that exercises power and controls the selection of authorities. A basic feature of the political system of the community is the close interrelation of the religious and secular aspects of the organization of the people, causing civil servants to participate in religious activities or considering certain religious positions as prerequisites for civilians (Cf. ^{Wagley, 1941}; ^{Tax, 1937}).

The system of charges is a civic-religious institution created in the colonial or New Spain era, but at the moment it is the backbone of the community organization of the peoples of ancient origin, its main objective is to organize the community, social, cultural and religious life of its participants.

The system of charges is based on customary law, which means that the acts are consensual and approved by tradition and custom. Public positions or posts constitute a hierarchy according to rank and line of authority, they are exercised from a civic post to a religious post and it is repeated, the positions are in scale and after passing through several of them the degree of elder or principal is reached, participation in the scale of positions is open to all members of the community.

It is one of the most important characteristics of the Mesoamerican communities, with clear political, economic, social and religious implications, but there are points of divergence among them, such as: the functions they perform within the community or the origin of the institution, if They have pre-Hispanic and colonial features, if it comes from the colonial brotherhood or if its origin dates back to the nineteenth century or earlier (^{Wolf, 1968}).

Years later the ethnohistorian Pedro ^{Carrasco in 1979} highlights the political aspect (customary law) of the civic-religious position system:

"It can be characterized as a type of democracy where all the trades are available to all men belonging to the community, and where the result of the operation of the ranking system is that, almost all, share the responsibilities of government and maintenance of the community "(^{Carrasco, 1979}).

The anthropologist ^{Korsbaek (1994)} adds that the system of civic-religious positions consists of a number of positions and responsibilities that are defined as such (topil, janitor, petty butler, head of parents, fiscal, etc.) and that they take turns among the members of the community who assume a position for a period of time. The offices are hierarchically organized and the system of charges includes almost all the members of the community, not only as an individual, but as a family.

The system of charges includes two hierarchies: a political and a religious, but that function as a system, that is, the two hierarchies or related charges. After having assumed the most important positions in the community system (stewardships and civil offices) a member of the community is considered as the principal (^{Korsbaek, 1987}). He is consulted about everything concerning communal actions (^{Iwanska, 1972}).

Many are the anthropologists who have confirmed the existence and importance of this civic-religious system in the life of communities of ancient origin in Mexico.

"The members of a community organize their lives around a series of staggered positions that constitute the hierarchy, relevance and organization of the community, the" system of positions ", composes the structure in the community, is basic for existence (operation) and continuity of traditional culture "(^{Aguirre, 1973}).

Finally, the system of civic-religious positions is occupied by male adults of a locality, although in recent years cases of female participation have been detected. The transit through its various hierarchical levels is determined by a rigorous social normativity that ensures degrees of prestige among its participants (^{Portal, 1996}).

The social structure through the system of charges implies political-administrative decisions about the communities and their belonging (identity), not only organizes the civic-festive life of the community, but also the social norm, which qualifies its members and which gestates inclusion-exclusion mechanisms. That is, it marks boundaries of belonging.

The positions are structured in a hierarchical and pyramidal manner, but the manner in which each position is named, the central functions that it fulfills and the prestige granted to each of them varies. This depends on the group and community concerned.

In the case of Toluca de Lerdo, there are towns and communities of ancient origin where social structures such as the cargo system must be one of the determinants and indicators for water management.

Therefore, it is the theory of the system of charges, serves as a model proposal to analyze the management of water committees in Toluca to characterize its effectiveness (governance, governance, democracy, and gender equity).

The first researcher to report the system of charges in the State of Mexico was ^{Iwanska (1972)} a student of Sol Tax, who worked with the Mazahuas in the 1950s. Several anthropologists have studied this topic, including ^{Sandoval Forero (1997)}, ^{González Ortiz (2009)}, ^{Álvarez (2000)} and especially Leif ^{Korsbaek (2000)}, since he organized a line of research on the system of positions in the State of Mexico at the School of Anthropology of the UAEM. , according to Korsbaek, the typical charging system has five important characteristics:

Where the Mazahua ethnoregion is located, there are two main positions in this system of traditional social organization: civil positions and religious positions. According to ^{Sandoval (1997)}, the former are related to the administration, control and use of water; forest care, ejido authority, conservation and maintenance of the pantheon, as well as the care of schools, soccer and basketball courts.

The other system of charges is that which directly concerns the religious and has its greatest influence in the patron saint festivities. In these, stewardships are organized to organize, conduct and control the festivity of the patron saint to the chapel and mainly to the images. These mayordomos, together with the prosecutors, the treasurer and the secretaries, constitute community authorities who enforce, by conviction or coercion, all the commitments acquired in the assemblies.

This political-religious system tends globally to define the community and its way of acting. The social model of this type of entities is as follows (Figure 1).

Figure 1 Structure of the civic-religious position system (Cfr. ^{Tax, 1937}; ^{Wolf, 1981}) 

The cargo systems constitute a unified and pyramidal arrangement, composed of a religious hierarchy and a civil hierarchy, which have their own functions within the communities that maintain them, the water committees were incorporated within this structure.

Case study: Toluca de Lerdo

The Municipality of Toluca de Lerdo is one of the 125 municipalities of the State of Mexico, this municipality has 24 Delegations. It is worth mentioning that the municipalities have Municipal Delegations in the communities that serve as assistants in the State of Mexico of the municipal authority.

The municipality is supplied with water through deep wells and a derivation of the Pumping Plant Cutzamala System, being the latter supply under the modality of "Block Water Supply" by the Water Commission of the State of Mexico (CAEM). The hydraulic infrastructure of the municipality is operated and administered by the Water and Sanitation Authority of Toluca, who is in charge of the operation of the 73 deep wells that supply water to the municipality, except for the 18 Delegations, where the operation and administration of water is in charge of local drinking water committees (CAEM, 2009).

Its 24 Delegations are: 1.- Cacalomacán, 2.- Calixtlahuaca, 3.- Capultitlán, 4.- San Antonio Buenavista, 5.- San Buenaventura, 6.- San Cristóbal Huichochitlán, 7.- San Felipe Tlalmimilolpan, 8.- San Juan Tilapa, 9.- San Lorenzo Tepaltitlán, 10.- San Marcos Yachihuacaltepec, 11.- San Martín Toltepec, 12.- San Mateo Oztacatipan, 13.- San Mateo Oxtotitlán, 14.- San Pablo Autopan, 15.- San Andrés Cuexcotitlán, 16.- San Pedro Totoltepec, 17.- Santa Ana Tlapaltitlán, 18.- Santa Cruz Atzcapotzaltongo, 19.- Santa María Totoltepec, 20.- Santiago Miltepec, 21.- Santiago Tlaxomulco, 22.- Tecaxic, 23.- Santiago Tlacotepec y 24.- Tlachaloya. This investigation worked with 18 Delegations, being the only ones that have water committees.

Figure 2 Location of the study area 

Toluca de Lerdo in the state of Mexico; it is located in the central zone and limits to the north with Almoloya de Juárez, Temoaya and Otzolotepec; to the south with Metepec, Calimaya, Tenango del Valle, Villa Guerrero and Coatepec Flours; to the east with Lerma, San Mateo Atenco and Metepec and to the west with Zinacantepec and Almoloya de Juárez. Its geographic coordinates are: 19 ° 04'15 '' and 19 ° 27'10 '' of north latitude and 99 ° 31'40 'to 99 ° 46'50' 'of longitude.

Water committees in Toluca de Lerdo, State of Mexico

The water committees are self-managed organizations that are governed by the general assembly of the town (both in closed and open communities), in order to carry out the management, supervision, election, maintenance and expansion of the water network (^{Palerm, 1989}).

The origin of the water committees in Toluca began in the 1950s. However, they multiplied at the initiative of the municipal president, Yolanda Senties de Ballesteros, in the 1970s, when the drilling of the wells began, (Minutes of the Chapter, page 89, Volume II, 1970).

To carry out this research, the 31 water committees registered in Toluca (^{Municipal Development Plan of Toluca 2009-2012}) were called upon to carry out the field work for their location, during which the presence of 36 committees, that is, 5 more than officially reported; It was also identified that some of the registered ones do not exist (5). An important fact that the field work showed was that in Tlachaloya Second Section, there are 10 water committees, however, they are connected to the Cutzamala System, so they have their relationship with that Federal agency in Mexico City and not with the municipality of Toluca, for this reason only one case was taken for study, working on 18 delegations with 27 water committees and their key informants (presidents, secretaries, treasurers and members) in all of them the interview was conducted where the ^{Wolf's social model, 1981}. It should be mentioned that it was not used in the Toluca Municipal Development Plan 2013-2015, since it was not yet published.

The water committees identified, interviewed and surveyed in the municipality of Toluca de Lerdo are the following:

Giving a total of 27 identified water committees. As mentioned above, 5 committees were detected as nonexistent, which were registered in the Municipal Development Plan (2009-2012), which are:

Below is a spatial image where the water committees in Toluca de Lerdo are interviewed.

Figure 3 General delineation of the location of the water committees in Toluca de Lerdo