On May 17, 2016, the "The Official Gazette of the Federation (DOF) published in the Official Gazette of the Federation (DOF) the "Decree establishing administrative facilities for the granting of new concessions or allocations of national waters to users who have titles whose validity has expired as of January 1, 2004". hereinafter (the "Decree").
The Decree establishes administrative facilities for granting new concession titles to individuals who fall into the following categories:
1.- That they have concession titles whose term has expired as of January 1, 2004 and whose extension has not been requested.
2.- That they have expired concession titles, which have been granted in areas where the free flow of national waters is suspended.
3.- That their concession titles have been revoked, terminated, expired (totally or partially) or annulled due to causes attributable to them, provided that the resolution has been challenged and this is finally resolved in favor of the interests of the individual.
In addition, the Decree establishes administrative facilities for to extend the term of the concession titles of individuals who are in the following situation:
1.- Who have valid concession titles, but who have not requested their extension at least six months prior to the expiration date.
In order to adhere to the benefits established in the Decree, it is necessary that individuals comply with the requirements set forth therein. Additionally, in the event that the granting of a new concession title or the extension of an existing title is authorized, the National Water Commission will be empowered to reduce by up to 30% the volume initially granted to the individuals requesting to adhere to the Decree.
The decree will be in effect from May 18 to December 31 of this year.
We, the lawyers specialized in national water matters, remain at your disposal to comment on the contents of this note.
ATTENTIVELY
Daniel del Río Loaiza | Mexico City | delrio@basham.com.mx |
Rodolfo Barreda Alvarado, Esq. | Mexico City | rbarredal@basham.com.mx |
Ricardo Eloy Evangelista | Mexico City | revangelista@basham.com.mx |
Mariana Arrieta Maza | Mexico City | marrieta@basham.com.mx |
Mexico City, May 18, 2016.