June 25, 2026
On June 16, 2026, the draft Decree issuing the Regulation for the Determination and Payment of the Non-Forfeiture Guarantee Fee for National Water Rights (the “Draft Regulation”) was published on the Comprehensive Regulatory Governance Platform. The Draft Regulation would replace the regulation currently in force, which was published in the Official Gazette of the Federation (the “DOF”) on May 27, 2011.
1.Payment of the Non-Forfeiture Guarantee Fee
The non-forfeiture guarantee fee is a mechanism that allows holders of national water concessions to retain water volumes that have not been used for two consecutive years and thereby prevent the total or partial forfeiture of their rights as a result of non-use.
2. Key Changes to the Non-Forfeiture Regime
- Calculation of the Period. The two-year period of non-use is determined based on eight consecutive calendar quarters (the “8Q”) during which no exploitation or use, whether total or partial, of the concessioned volume has occurred. The quarters correspond to the periods January–March, April–June, July–September, and October–December.
- Procedure for Interrupting Forfeiture Through Payment of the Guarantee Fee
| First Payment | First or Second Extension | |
| 1. | Prior notice 15 business days before the end of the 8Q. | Authorization request 15 business days before the end of the 8Q. |
| 2. | Payment of the guarantee fee 45 business days after the end of the 8Q. | Authority´s decision 45 business days after the request. |
| 3. | Proof of payment submitted 15 business days after payment is made. | Payment of the guarantee fee and submission of proof 15 business days following notification. |
3. Relevant Transitional Regime
The new non-forfeiture guarantee fee payment regime, particularly with respect to the counting of opportunities, will apply only to complete two-year periods of inactivity that occur after its entry into force. Consequently, concession titles that, as of that date, are undergoing a period of two consecutive years without exploiting, using, or benefiting from the concessioned national waters will remain subject, on a one-time basis, to the regime set forth in the 2011 Regulation.
Payment of the fee during this transitional period will not be counted as the first request for purposes of the two extensions provided under the new regime, thereby allowing concession holders to retain in full the opportunities to interrupt forfeiture contemplated therein.
4. Relevance of the Draft Regulation
The Draft Regulation implements the amendments to the National Waters Law concerning the interruption of the forfeiture of national water rights, published in the DOF on December 11, 2025, by establishing new rules governing the payment of the non-forfeiture guarantee fee. Accordingly, it is of particular relevance to holders of national water concessions and assignments.
5. Next Steps
The Draft Regulation must complete the corresponding regulatory process and be published in the DOF before it may enter into force. Once published, any parties that consider themselves adversely affected by its provisions or by any acts derived therefrom may pursue the legal remedies available under applicable law. As a preliminary matter, potential concerns may arise regarding legal certainty and due process, insofar as the Draft Regulation does not establish the consequences of the authority’s failure to comply with the deadlines for resolving applications for interruption of forfeiture or requests for extensions of time to pay the non-forfeiture guarantee fee.
At Basham, Ringe y Correa, S.C., we will continue monitoring the progress of this Draft Regulation and remain available to provide comprehensive advice on water regulatory matters.