On Dec. 11, 2025, the head of the Federal Executive Branch, Claudia Sheinbaum, published in the Official Gazette of the Federation (DOF) the Decree enacting the General Water Law (LGA) and amending, adding to, and repealing various provisions of the National Water Law (LAN), derived from the initiative submitted on Oct. 9, 2025.
The issuance of a General Water Law had been contemplated since the 2012 reform to Article 4 of the Constitution, with the aim of guaranteeing the human right to water and sanitation, as well as complementing the regulatory framework established in the National Water Law, which has been in force since 1992. This GT Alert summarizes some of the most important points.
I. New General Water Law
- Purpose
The LGA aims to establish the bases, support mechanisms, and modalities for equitable and sustainable access to and use of water. It also defines the powers of each level of government and sets forth their obligations in the design, implementation, monitoring, and evaluation of public policies related to access to, provision of, and sanitation of water for personal and domestic consumption.
In line with the provisions of the Constitution and the relevant international treaties, the LGA recognizes and defines the scope of water as a fundamental human right, prioritizing personal and domestic use over any other use. Accordingly, it also provides mechanisms and bodies for citizen participation to ensure equitable access to the resource.
- Principles
The LGA establishes that its interpretation and, therefore, national water policy, shall be governed by the principles of intergenerational equity, pro persona, non-discrimination, citizen participation, prevention and precaution, progressivity and non-regression, sustainability, in case of doubt, in favor of water (in dubio pro aqua), and universality.
One of the most significant applications of these principles in the country’s water policy is that, with the entry into force of the LGA, the complete suspension of water and sanitation services is prohibited even for non-payment, ensuring that every person always has access to a minimum amount necessary for essential domestic use.
- Distribution of Competencies
With regard to the distribution of powers, the federal government, through the Ministry of Environment and Natural Resources (SEMARNAT) and the National Water Commission (CONAGUA), retains the authority to formulate, lead, and implement policies, plans, and programs concerning waters under national jurisdiction. These authorities are empowered to enter into coordination agreements with the states of the country and with representatives of the private and social sectors who may influence the nation’s water policy. They are also responsible for overseeing compliance with the actions of state and municipal governments in this area.
On the other hand, the states are responsible for formulating, leading, and evaluating water and sanitation policies at the state level regarding bodies of water under their jurisdiction, as well as coordinating with the federal government and municipalities to assure compliance with the programs, policies, and actions they carry out to guarantee the human right to water and sanitation. Additionally, state authorities are empowered to regulate the installation of rainwater harvesting systems and the operation of Community Water and Sanitation Systems that are not included within the operating area of municipal water and sanitation services.
Finally, municipalities reserve the authority to regulate and ensure the provision of public services for drinking water, drainage and sanitation, sewage, treatment, and disposal of wastewater. For municipal planning and budgeting purposes, the provision of services for personal and domestic consumption must be considered a priority.
- Public Policy Instruments Regarding the Human Right to Water
The country’s water policy will be comprised of the following public policy instruments:
i. National Water Program
ii. Regional Water Programs
iii. Watershed Water Programs at the Federal, State, and Municipal Levels
iv. National Public Water Registry (Replacing the Public Registry of Water Rights)
v. Efficiency and Quality Criteria in Water, Economic, Social, and Environmental Matters
vi. Water Financial System
vii. Legal Provisions Issued for this Purpose
The national strategy will be designed by CONAGUA and will serve as the guiding document for the country’s water policy. This strategy will include an assessment and diagnosis of the country’s situation, baseline scenarios, identification of vulnerable ecosystems, the present and future needs of the population, and measures to promote, guarantee, and protect the human right to water and sanitation.
The strategy must be reviewed at least every 10 years so that it reflects the country’s actual water situation and any necessary modifications can be made to the programs in order to meet the 10, 20, 40, and 60-year goals.
- Rainwater Harvesting
The harvesting of rainwater for personal and domestic use is regulated, establishing the obligation of federal entities and municipalities to promote its use, as well as the guidelines for implementing collection systems in public and private works, provided that the natural hydrological cycle is not affected. These guidelines will be determined by CONAGUA.
These systems must allow for the collection, filtration, treatment, and storage of rainwater for subsequent use and utilization. Additionally, federal entities must promote the inclusion, in building codes and condominium property legislation, of the obligation to install rainwater harvesting systems with sufficient capacity to meet the needs of each individual unit within the condominium.
In this regard, it is important to note that, in accordance with the amendment to the LAN, rainwater harvesting that is not intended for personal and domestic consumption will require authorization from CONAGUA and will be regulated under the LAN. However, these amendments to the law do not establish the specific cases in which such authorization will be required, nor the process for obtaining it, so it will be necessary to wait for secondary regulations to obtain greater clarity on this matter.
- Social and Citizen Participation
In water management, mechanisms for citizen participation will be promoted that include the most vulnerable sectors in a public and transparent manner, with the aim of ensuring their inclusion in the planning, decision-making, implementation, evaluation, and oversight of national water policy.
- Community Water and Sanitation Systems
The concept of Community Water and Sanitation Systems is established, consisting of members of a community who may provide water and sanitation services for personal and domestic use, on a non-profit basis, in areas that are not included within the operating area of municipal, intermunicipal, or metropolitan water and sanitation services. The operation of each community system will be regulated in accordance with the provisions established by the relevant state laws.
Community systems managed by Indigenous and Afro-Mexican peoples and communities will be regulated by the general law implementing Article 2 of the Political Constitution of Mexico, once it is enacted.
II. Reform to the National Water Law
In order to ensure the effectiveness of the LGA, reforms to the LAN were established. Some of the most important changes are summarized below.
i. Provisional Use and Transfer of Concession Titles
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Reformed National Water Law |
Previous National Water Law |
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ARTICLE 23 BIS. Repealed Chapter V National Water Reserve Fund ARTICLE 33. Repealed Chapter II Agricultural Use ARTICLE 49. When the ownership of land associated with a water use concession title referred to in this Chapter is transferred, the new owner shall retain the rights to exploit, use, or utilize the corresponding waters. The “Water Authority,” once the transfer of ownership has been carried out, shall issue a new concession title in accordance with the use type and volume of the original title and for the remaining term of its validity, under the terms established in this Law, except for the analysis of availability. |
ARTICLE 23 BIS. Without the definitive transfer of rights or modification of the conditions of the respective title, when the holder of a concession intends to provisionally provide third parties with total or partial use of the granted waters, they may do so only with prior notice to the “Water Authority,” when applicable, in accordance with Section IX of Article 9 of this Law. Chapter V Transfer of Titles ARTICLE 33. Concession titles for the exploitation, use, or utilization of national waters, legally in force and recorded in the Public Water Rights Registry, as well as Discharge Permits, may be transferred definitively, in whole or in part, based on the provisions of this Chapter and any additional rules established by the Law and its regulations. Chapter II Agricultural Use ARTICLE 49. The rights to exploit, use, or utilize water for agricultural, livestock, or forestry purposes may be transferred under the terms and conditions established in this Law and its regulations. |
The reform eliminates two mechanisms that previously granted greater flexibility to concessionaires and strengthens CONAGUA’s control over the circulation of water rights. The former Article 23 BIS allowed for the temporary transfer of water use to third parties with only notification to the authority; however, its repeal removes these transfers and prevents water rights from circulating among private parties without express authorization. Similarly, the repeal of Article 33 and the rest of the articles in the chapter concerning the transfer of titles eliminates the possibility of definitively transferring titles or permits between private parties, replacing it with the new National Water Reserve Fund, through which volumes first return to the authority, which then decides on their reassignment. Taken together, both modifications centralize in CONAGUA the control over any form of assignment or transfer of water rights.
On the other hand, the reforms to the LAN change the way the validity of a title is handled when agricultural land is transferred. Previously, by allowing the private transfer of water rights, the title remained in force in the hands of the new owner without direct intervention from CONAGUA, as long as the obligations under the title and the LAN were being met. In the reformed version, although the new owner retains the water right, CONAGUA must issue a new title only for the remaining term of the original, without modifying or restarting its validity. This aims to ensure that the transfer of land does not extend, renew, or alter the duration of the water right, thereby reinforcing the authority’s control over the continuity and temporal limits of each concession.
ii. New National Water Reserve Fund
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Reformed National Water Law |
Previous National Water Law |
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ARTICLE 37 BIS. “The Commission” shall establish a national water reserve fund, which shall be composed of the following volumes: I. Those resulting from the termination of concession or allocation titles for the exploitation, use, or utilization of national waters, in accordance with the provisions of Article 29 BIS 3 of this Law; II. Those derived from the transfer of volumes in favor of “the Water Authority,” pursuant to the provisions of Article 29 BIS 3, Section VI, numeral 4 of this legislation; and III. Those linked to the preference of rights in the cases provided for in Article 37 BIS 1 of this Law. The volumes deposited into the national water reserve fund shall not be considered in the calculation of water availability. The operation, functioning, and integration of the national water reserve fund shall be determined in the regulations of this Law. ARTICLE 37 BIS 1. “The Water Authority” shall resolve, through expedited procedures within a period not exceeding 20 business days, the reassignment of volumes in the following cases: I. When ownership of a property associated with a concession title is transferred; II. In cases of a merger or division of civil or commercial companies; and III. When succession rights are proven. In the reassignment of volumes referred to in the preceding sections, “the Water Authority” shall issue a new concession title in favor of the person who proves property, representation, or succession rights, as applicable, which shall retain the same volume and use, as well as the remaining term of the title subject to reassignment. ARTICLE 37 BIS 2. In the reassignment of volumes referred to in Sections I and II of Article 37 BIS of this Law, “the Water Authority” shall prioritize those uses that benefit the human right to water, food security, and national development. The reassignment of the volumes referred to in this Article shall be subject, by “the Water Authority,” to the analysis and authorization of the Committee of the national water reserve fund. |
ARTICLE 37 BIS. “The Commission” may establish, on a permanent or temporary basis, entities in which regulated operations for the transfer of rights are managed, which shall be called “water banks,” whose functions shall be determined in the respective regulations. No correlative. |
The new provisions create a National Water Reserve Fund, through which all volumes that are no longer linked to a concessionaire, whether due to termination of the title, transfer of volumes, or preferential rights, are centralized in CONAGUA. It is established that these volumes will not be counted as available water, so that only the authority can decide their allocation. As a result of the reform, CONAGUA will carry out expedited reallocations in cases of property transfers, mergers, spin-offs, or successions, issuing new titles that maintain the volume, use, and only the remaining term of the original title, thereby preventing the renewal of terms.
Additionally, in these reallocations, the authority must prioritize uses related to the human right to water, food security, and national development, and must submit each reallocation to analysis and approval by the Fund Committee. Taken together, these rules consolidate a model in which any volume without a defined holder returns to state control, and its redistribution remains under the control of CONAGUA according to public interest criteria.
iii. Control of Concession Titles
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Reformed National Water Law |
Previous National Water Law |
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ARTICLE 24. ... Concessions or allocations under the terms of Article 22 of this Law may be extended for a period equal to that and under the same characteristics of the existing title under which they were granted, provided that their holders have not incurred any of the termination causes established in this Law, that the provisions of the second paragraph of Article 22 of this Law and of this Article are complied with, and that they submit the request between three years prior to the end of their validity and six months before its expiration. ... In deciding on the terms and conditions for granting the extension, water stewardship and compliance with obligations regarding the payment of water fees shall be taken into account. |
ARTICLE 24. … Concessions or assignments under the terms of Article 22 of this Law may be renewed for an equal term and under the same conditions as the current title by which they were granted, provided that their holders do not incur any of the grounds for termination established in this Law, comply with the provisions of the Second Paragraph of Article 22 of this Law and of this Article, and request the renewal within the last five years prior to the expiration of their validity, at least six months before their expiration date. … To decide on the granting of the extension, consideration shall be given to the full recovery of the investments made by the concessionaire or assignee in relation to the exploitation, use, or utilization of the volumes that have been granted or assigned. |
The new text of the LAN strengthens CONAGUA’s control over concession titles by reducing the window for requesting extensions from five years to a more limited period between three years and six months before expiration, and by replacing the previous investment recovery criterion with one based on water responsibility and compliance with payment of fees. This gives the authority greater capacity to supervise, condition, or even deny the extension when responsible use of the resource is not demonstrated.
iv. Expiration of Concession Titles and Cases of Exception
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Reformed National Water Law |
Previous National Water Law |
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ARTICLE 29 BIS 3. The concession or assignment for the exploitation, use, or utilization of national waters may only be extinguished for: … Extinction due to total or partial expiration shall not apply when: … 3. The concessionaire or assignee pays the guaranteed fee for non-expiration, proportionally and in accordance with the provisions established, prior to two consecutive years without exploiting, using, or utilizing national waters up to the total volume granted or assigned, for the purpose of not losing their rights. The foregoing period may be extended on up to two occasions, provided that proper justification is submitted to the “Water Authority.” |
ARTICLE 29 BIS 3. The concession or assignment for the exploitation, use, or utilization of national waters may only be extinguished for: … Extinction due to total or partial expiration shall not apply when: … 3. The concessionaire or assignee pays a guarantee fee for non-expiration, proportional and in accordance with the provisions established, prior to two consecutive years without exploiting, using, or utilizing national waters up to the total volume granted or assigned, for the purpose of not losing their rights, and in accordance with the regulations of this Law. In all cases, the “Water Authority” shall verify the timely application of the provisions regarding the transfer of rights and their regulation; |
The reform of Article 29 BIS 3 strengthens CONAGUA’s control over the validity of titles and the cases of expiration. Although the possibility of paying the guaranteed fee for non-expiration remains, the concessionaire may only retain the title without using the water if they justify the extension of this period before the authority, and only on two occasions. Furthermore, although the reference to “timely verification” has been removed, the new scheme places CONAGUA in a stronger position to monitor the non-use of water and to determine when it is appropriate to maintain or declare expiration.
v. Wastewater
A definition of “Treated Wastewater” is included, indicating that it refers to water that has been made suitable for reuse, and establishing that CONAGUA will promote the use of both treated and untreated wastewater as a basis for the development of regulatory provisions that facilitate the structuring of wastewater reuse projects and, potentially, private investment in such projects.
On the other hand, regarding Wastewater Discharge Permits, it is stated that these will now have the same duration as the concession or assignment title, and their extension will be subject to the same rules regarding term or termination.
In the case of reassignment of water volumes, CONAGUA must issue a new discharge permit specifying its particular characteristics.
vi. Governmental Control Regime and Sanctions
The obligation to submit annual reports on analyses and indicators of the quality and volumes of discharged water is established, replacing the previous biennial reports.
In terms of combating corruption and crimes related to water resources, the agreement introduces new offenses linked to the improper use of national waters, such as the transfer of national waters for profit, tampering with meters, diversion or obstruction of water channels or flows, and the granting or obtaining of concessions or assignments through bribery. These provisions aim to close gaps for illicit practices and to ensure that water resource concessions are granted and managed according to principles of integrity, transparency, and public responsibility. Additionally, fines and penalties were updated as follows:
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Reformed National Water Law |
Previous National Water Law |
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ARTICLE 120. The violations referred to in the previous Article shall be administratively sanctioned by the “Water Authority” with one or more of the following penalties; …. I. A fine of 260 to 2,160 Units of Measurement and Update, in the case of violations of sections X, XI, XXI, and XXII; II. A fine of 1,750 to 7,200 Units of Measurement and Update, in the case of violations of sections I, VI, XII, XVIII, and XIX; III. A fine of 2,160 to 30,000 Units of Measurement and Update, in the case of violations of sections II, III, IV, V, VII, VIII, IX, XIII, XIV, XV, XVII, XX, XXIII, XXIV, XXV, XXVI, and XXVII; IV. Temporary or permanent, total or partial closure when the offender has not complied with corrective or urgent measures within the deadlines and conditions imposed by the “Water Authority”; V. Suspension or revocation of the corresponding concessions, assignments, permits, or authorizations, depending on the severity of the violation. Chapter V Crimes against national waters. ARTICLE 123 BIS 2. The crimes provided for in this Chapter shall be prosecuted ex officio by the Federal Public Prosecutor. ARTICLE 123 BIS 3. Anyone who intentionally transports national waters for profit, knowing that such waters were illegally extracted, shall be sanctioned as follows: I. When the amount is less than 50,000 liters, imprisonment of three to five months and a fine of one hundred to two hundred Units of Measurement and Update shall be imposed. II. When the amount is greater than or equal to 50,000 liters, imprisonment of six to eight months and a fine of one hundred fifty to two hundred fifty Units of Measurement and Update shall be imposed. ARTICLE 123 BIS 4. Imprisonment of three months to five years and a fine of two hundred to two thousand Units of Measurement and Update shall be imposed on anyone who, without authorization issued by the competent authority, alters, diverts, or obstructs the channels, basins, currents, or flows of national waters and causes direct impact on hydraulic conditions or endangers the lives of people, the safety of their property, or vital ecosystems…. ARTICLE 123 BIS 5. Imprisonment of two to fourteen years and a fine of four hundred to four thousand Units of Measurement and Update shall be imposed on any public servant who grants concessions, assignments, extensions, permits, or registers concession titles, assignments, permits, or extensions for the exploitation, use, or utilization of national waters in exchange for a benefit not included in their remuneration… ARTICLE 123 BIS 6. Imprisonment of one to eight years and a fine of three hundred to three thousand Units of Measurement and Update shall be imposed on anyone who requests concessions, assignments, extensions, permits, or registration of concession titles, assignments, permits, or extensions for the exploitation, use, or utilization of national waters by offering or giving gifts to the public servant authorized to approve such procedures. |
ARTICLE 120. The violations referred to in the previous Article shall be administratively sanctioned by the “Water Authority” with fines equivalent to the daily value of the Unit of Measurement and Update in effect at the time the infraction is committed, and in the amounts set forth below; … I. 260 to 1,950 Units of Measurement and Update, in the case of violations of sections X, XI, XVI, XXI, and XXI; II. 1,560 to 6,500 Units of Measurement and Update, in the case of violations of sections I, VI, XII, XVIII, and XIX; and III. 1,950 to 26,000 Units of Measurement and Update, in the case of violations of sections II, III, IV, V, VII, VIII, IX, XIII, XIV, XV, XVII, XX, XXIII, and XXIV. No correlative. |
vii. Transitional
Additionally, the Program for the Regularization of Titles and the Programs for the Regularization of Free-Flow Zones are established, through which wells without titles must be incorporated into the current concession system, under penalty of closure for wells that are not regularized. Furthermore, the Second Transitional Article notes that federal entities are required to issue the necessary provisions to harmonize their water legislation with the provisions of the LGA. The aim is to ensure that the management of the largest possible volumes of water is centralized under the jurisdiction of CONAGUA.
Stakeholders should monitor the processes of discussion in the state legislatures and the approval of state laws issued for this purpose.
As for the LAN regulations, they must be issued with the necessary modifications to align with the reforms within a period not exceeding 180 calendar days from the date of entry into force of this decree. In the meantime, the current applicable provisions will continue to apply.
The LGA and the reforms to the LAN will enter into force the day following their publication in the Official Gazette of the Federation.
*Special thanks to Law Clerk/JD Carolina Monroy Solís ˘ for contributing to this GT Alert.
˘ Not admitted to the practice of law.