The General Water Law (GWL) and the related amendments to the National Waters Law (NWL), published on December 11, 2025 in the Federal Official Gazette, introduce significant changes in the following areas: (1) transfer of concessions/water volumes, (2) transfer of real property and effects on volumes, (3) changes in water use, and (4) use of the guarantee fee to interrupt forfeiture. These reforms may create operational implications for real estate transactions and structures involving water assets.
As a general rule, the GWL provides that rights to exploit, use, or benefit from water under concessions and assignments are non-transferable between private parties. This represents a departure from market practices that relied on the assignment or transfer of concessions.
Any attempt to transfer rights or supply water to third parties in contravention of the law constitutes a sanctionable violation and may give rise to suspension or revocation.
However, the GWL empowers the Water Authority to carry out administrative “reassignments” of volumes and to issue a new title in favor of parties that demonstrate compliance with the applicable legal requirements. Reassignments may be processed through ordinary or expedited procedures and must be recorded in the National Public Water Registry.
Reassignments may prioritize certain uses (the human right to water, food security, and national development) and, where applicable, may require authorization from a specialized committee.
The regime sets out specific cases in which the transfer of title to real property or certain corporate restructurings enable automatic or expedited reassignments without a water availability analysis, preserving the volume, use, and remaining term, including:
a. Transfer of title to real property associated with a water title.
b. Corporate and succession scenarios.
c. Agrarian regime (ejidos and communities).
It is critical to verify that the original title is valid, that the authorized use is compatible with the business model, and that the extraction/discharge point and other conditions can be maintained without adversely affecting third parties.
This is particularly important because the new title preserves the volume, use, and term of the original title; it does not provide an opportunity to renegotiate terms or modify the authorized use.
To permanently increase or modify extraction, flow, or specific use, a new title (concession or assignment) must be obtained, subject to analysis of availability, compliance with bans, reserves, regulated zones, and other conditions.
The agricultural–livestock–aquaculture combination is not considered a change in use; outside of that combination, shifting to industrial, services, or real estate uses requires a new title.
Any use other than the authorized one is a sanctionable violation, and repeated violations may result in temporary or permanent closure of wells and works.
The regime maintains forfeiture for failure to exploit, use, or benefit from the water for two consecutive years but limits the use of the guarantee fee to avoid forfeiture to a maximum of two occasions, subject to duly substantiated justification before the Water Authority.
Other scenarios that interrupt or prevent forfeiture include:
The decree provides for the immediate entry into force of the GWL and the application of the NWL amendments, as well as the Water Authority’s obligation to regulate the new concepts and procedures and to carry out the analyses and evaluations necessary to implement the new regulatory framework.
The authorities must issue the regulations and guidelines for the operation of the Reserve Fund, the integration of National Public Water Registry, and the application of the sanctioning regime, as well as for the regulation of water responsibility and best practices in water resource management.
For any questions or comments, you can contact our expert team.
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