October 23, 2025
On October 10, 2025, the National Commission for Regulatory Improvement (“CONAMER”) published the draft Decree establishing administrative measures to regularize concession and assignment titles granted to users of national waters (the “Draft Decree").
Objective
The Draft Decree seeks to regularize titles whose validity has expired or is about to expire when their extension was not requested in due time and form. The goal is to strengthen control over concessioned water volumes and prevent the irregular use of water resources.
Scope
These facilitation measures do not apply to all titles, but only to those linked to water access and food security, whose validity expired between October 1, 2017, and March 1, 2025, without the corresponding extension having been requested.
Importance
Currently, many titles expire without their holders requesting an extension within the legal period (six months before expiration). The Draft Decree provides an exceptional opportunity to regularize such concessions and avoid:
- The irregular use or exploitation of water; and,
- The need to process a new title before the authority.
Potential Beneficiaries
- Holders of concession titles for domestic, agricultural, livestock, or aquaculture use, with annual volumes of up to 500,000 m³.
- Federal entities and municipalities holding assignments for urban public use.
Recommendation
If the conditions set out in the Draft Decree apply, it would be advisable to adhere to the administrative facilitation measures within six months following its publication in the Official Gazette of the Federation. However, the Draft Decree is still under review by CONAMER to ensure that it meets efficiency, effectiveness, and transparency standards.
At Basham, Ringe y Correa, S.C., we will continue monitoring the progress of the Draft Decree to inform its eventual publication in the Official Gazette of the Federation, as well as any amendments that may arise during the review process before CONAMER. Likewise, we are prepared to provide comprehensive legal advice on water regulatory matters.
SINCERELY
Juan Carlos Serra
serra@basham.com.mx
Adolfo Athie
aathie@basham.com.mx
Jesus Colunga
jcolunga@basham.com.mx
Diana Rangel
drangel@basham.com.mx