On August 4, 2026, the Decree issuing the Regulation for the Determination and Payment of the Non-Forfeiture Guarantee Fee for National Water Rights (the “Regulation”) was published in the Official Gazette of the Federation (the “OGF”). The Regulation entered into force on August 5, 2026, and repealed the previous regulation published in the OGF on May 27, 2011, subject to the exceptions described below.
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A. Purpose and scope
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The Regulation establishes the procedure for determining and paying the non-forfeiture guarantee fee and, where applicable, requesting an extension before the National Water Commission (“CONAGUA”).
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In practical terms, concession holders or assignees who, for two consecutive years (eight quarters), have not fully or partially exploited, used, or utilized the volumes covered by their respective titles may avoid forfeiture of such volumes by paying the corresponding fee.
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The computation is performed on a quarterly basis (January–March, April–June, July–September, and October–December); therefore, concession holders must continuously monitor their utilization volumes. Any period of eight consecutive quarters without active exploitation, use, or utilization may trigger the risk of forfeiture.
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This requirement represents a significant administrative burden, particularly for holders of multiple concessions located in different basins.
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B. New rules
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The Regulation allows for up to two extensions, whether consecutive or non-consecutive, during the term of the relevant title. The request must be filed at least 15 business days before the end of the eighth quarter. In addition, the request must include a justification explaining the reasons for the lack of use, the grounds for retaining the volume, its relationship to the purpose of the concession, and the corresponding supporting documentation.
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The requirement to demonstrate the reasons for the lack of use, the grounds for retaining the volume, and its connection to the purpose of the concession grants CONAGUA a degree of discretion in evaluating the merits of an extension request. Although CONAGUA has 45 business days to issue a decision, the Regulation does not establish objective criteria for such evaluation or clarify the consequences of a potential denial. This could create uncertainty for concession holders and assignees regarding the preservation of the corresponding volumes.
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C. Steps to follow
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1. Prior notice to CONAGUA. The concession holder or assignee must file a notice through the corresponding electronic platform at least 15 business days before the end of the eighth quarter.
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2. Payment. The payment must be made within 45 business days following the conclusion of the two-consecutive-year period, either at offices authorized by the Ministry of Finance and Public Credit or through CONAGUA’s electronic means, indicating:
   
   (i) The start and end dates of the computation of the last two consecutive years covered by the payment period;
   
   (ii) The corresponding concession or assignment title; and
   
   (iii) The unexploited volumes of national waters were used as the basis for calculating the non-forfeiture guarantee fee.
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3. Submission of proof of payment. Proof of payment must be submitted to CONAGUA within 15 business days following the payment for validation.
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D. Relevant points
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• Entry into force on the day following publication in the OGF (August 5, 2026).
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• The 2011 Regulation is repealed, except for its Fifth Transitory Provision.
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• Pending proceedings shall be resolved pursuant to the rules in force at the time they were filed.
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• The computation of the first occasion and the two available extensions begins as of the first complete two-year period following the entry into force of the Regulation.
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• Concession titles with unexploited periods of less than two years that end after the Regulation’s entry into force shall, on a one-time basis, remain subject to the 2011 Regulation. Any payment made under such provision shall not count as the first occasion under the new framework.
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• Failure to timely comply with the obligations and deadlines set forth in the Regulation could result in the permanent loss of the corresponding concession volumes, which may constitute a high-value strategic asset for industrial, agricultural, and services operations.
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For any questions or comments, please do not hesitate to contact our expert team.