September 17, 2025
The Comisión Nacional del Agua (CONAGUA) is experiencing a high level of saturation in its administrative processes. Neither the National Water Law nor current regulations provide mechanisms to address delays in the issuance of Concession Titles and their extensions, creating legal uncertainty for concession holders. A key issue is the lack of clarity regarding the start and end dates of these Titles’ validity.
In practice, it is common for there to be a discrepancy between the date the resolutions granting the Concession Titles and their extensions are issued and the date they are notified to the holders. In some cases, these differences have spanned several years.
This situation has led to various legal disputes aimed at determining from when the validity should be calculated, generally favoring calculation from the date of notification. The Federal Judiciary had previously issued isolated rulings in this regard.
Recently, the Regional Plenary Court on Administrative and Civil Matters of the Central-North Region definitively ruled that the validity of Concession Titles and their extensions should be calculated starting the day after the previously granted period expires. The decision establishes that continuity must be uninterrupted, regardless of when notification occurs.
The Plenary also emphasized that delays attributable to CONAGUA cannot result in an undue benefit that leads to overexploitation or inequitable distribution of national waters.
Why is it important?
The Regional Plenary has put an end to the uncertainty surrounding the start and end of the term of Concession Title extensions. The binding precedent provides concession holders with certainty regarding the duration and continuity of their Titles, and recognizes their legal remedies to obtain an express resolution from CONAGUA, preventing them from remaining in a state of defenselessness.
Being aware of the precedent issued by the Regional Plenary allows concession holders to have certainty regarding their rights, the start and end of their Titles’ term, and the appropriate timing to file extension applications. Additionally, this precedent clarifies the arguments that may be invoked to obtain an extension, as well as those that are no longer valid.
Who should be informed?
All individuals or legal entities holding a Concession Title for the use, exploitation, or utilization of national waters or assets, or a Permit to discharge wastewater into national receiving bodies, issued by CONAGUA.
Recommendation:
It is recommended that holders of Concession Titles and Discharge Permits precisely identify the start and end dates of their term, as well as pending CONAGUA response times, and the arguments that may be invoked to obtain an extension, as well as those that are no longer valid.
The purpose of this is to define the necessary steps to ensure the continuity of the granted rights and secure a resolution from CONAGUA.
At Basham, Ringe y Correa, S.C., we can advise you on any matter related to administrative consulting and litigation, as well as national water matters.
Sincerely,
Diana Rangel León
Daniela Pineda Robles
María Regina Sotelo Ocejo
Ricardo Tagle Pastén
Marina Fernández Lozano