August 06, 2026
1. Background
On December 11, 2025, the Decree issuing the General Water Law and amending, supplementing, and repealing various provisions of the National Waters Law (the “Decree”) was published in the Official Gazette of the Federation (“DOF”). The Decree entered into force on December 12, 2025, and redesigns Mexico’s national water governance framework.
Several transitional provisions of the Decree contemplate their implementation through subsequent regulatory and administrative instruments. This memorandum summarizes the current status of compliance with those implementation mandates.
2. Non-Forfeiture Guarantee Fee (Second Transitional Provision)
On August 4th, 2026, the Regulations for the Determination and Payment of the Non-Forfeiture Guarantee Fee for National Water Rights were published in the DOF. The Regulations entered into force on August 5, 2026, repealing the regulations published on May 27, 2011. The main changes include the following:
- The period of inactivity is now calculated as eight consecutive quarters, replacing the previous two-year standard.
- Concessionaires may request up to two extensions during the term of the concession title, subject to approval by the National Water Commission (“CONAGUA").
- Concessionaires and assignees should review each concession title individually to determine the applicable legal regime under the transitional provisions.
Basham analyzed the draft version of these Regulations in the Basham Legal Update, Draft Regulation on the Non-Forfeiture Guarantee Fee: Key Considerations for Water Concession Holders. The version ultimately published does not contain any material changes.
- Basham Legal Update: https://basham.com.mx/draft-regulation-on-the-non-forfeiture-guarantee-fee-key-considerations-for-water-concession-holders/
3. Regularization of Water Concession and Assignment Titles (Sixth Transitional Provision)
On July 15, 2026, the Agreement Establishing Actions for the First Stage of the Regularization of Certain Water Concession and Assignment Titles was published in the DOF. The Agreement entered into force on July 16, 2026, and will remain in effect for one year. The regularization measures include the following:
- A first stage of regularization is established for certain expired concession and assignment titles, limited to specific uses and titleholders, excluding industrial-use titles and, in general, legal entities.
- Extraordinary measures are implemented to reduce CONAGUA’s administrative backlog through the service of pending administrative resolutions and the registration in the Public Registry of Water Rights of administrative acts that have not yet been recorded.
Basham analyzed the draft version of this Agreement in the Basham Legal Update, CONAGUA Proposes Regularization Scheme for Expired Concessions and Measures to Address Administrative Backlog. The version ultimately published does not contain any material changes.
- Basham Legal Update: https://basham.com.mx/en/conagua-proposes-regularization-scheme-for-expired-concessions-and-measures-to-address-administrative-backlog/
4. Outstanding Matters
Although progress has been made in implementing the Decree’s transitional provisions, the issuance of the Regulations to the National Waters Law remains pending. The 180-calendar-day deadline for their issuance expired on June 10, 2026.
The Regulations constitute the main instrument for implementing the reform, as they will establish the procedures and operational rules governing the new legal framework. Their absence leaves several aspects of the Law without implementing regulations, including the operation of the National Water Reserve Fund and the procedure for the reassignment of water volumes.
5. Next Steps
The implementation of the reform remains ongoing. Basham will continue monitoring these developments and will keep clients informed of their implications.
We also remain available to assist in analyzing the recent publications concerning the non-forfeiture guarantee fee and the regularization of water concession titles, as well as in assessing their impact and any actions that may be required.
Sincerely,
Juan C. Serra
Adolfo Athie Cervantes
Marina Fernández Lozano