Decree Establishes Administrative Facilities For The Regularization Of Concession And Assignment Titles Of National Waters In Mexico

On Oct. 28, 2025, Mexico's Head of the Executive Power, Claudia Sheinbaum, published in the Official Gazette of the Federation (DOF) the Decree establishing administrative facilities for the regularization of concession and assignment titles granted to users of national waters. In line with the National Water Plan 2024-2030, the Decree aims to establish a procedure that facilitates the regularization of concession titles whose volumes are used for the benefit of the human right to water and food security. The most relevant points are summarized below:

I. Scope

The Decree is aimed solely at concession titles that expired between Oct. 1, 2017, and March 1, 2025, and that were not renewed or whose renewal application was submitted after the deadline set by law. Additionally, they must fall under any of the following categories:

• Concession titles for domestic, agricultural, livestock, and aquaculture uses of less than 500,000 cubic meters per year.
• Assignment titles issued in favor of state or municipal authorities intended for the public urban water supply service.
• In the event of the death of the concession holder, beneficiaries may prove and regularize the concession ownership, provided that succession rights are demonstrated.

II. Free-Form Letter

To regularize concession titles according to the Decree, stakeholders must submit a free-form letter within six months following the Decree's publication, in which the holder declares, under oath:

• Where the works for water extraction are located;
• That such works allow the exploitation, use, and utilization of national waters;
• Not having transferred ownership of the property, the concession, or the assignment; and
• That they accept to be notified electronically by providing an email address.

III. Other Requirements

Interested parties must attach a copy of the expired concession or assignment title to the letter, and must also:

• Be up to date with payment obligations or commit to making pending payments by signing a compliance letter.
• Demonstrate the volumes extracted in the last two years to be regularized; and
• Submit proof of payment of fees for study, processing, or extension of titles, in accordance with Article 192, Section I, of the Federal Fees Law.

IV. Submitting Documentation

The aforementioned documentation must be submitted either in person at the modules the National Water Commission designates, or digitally through the Commission's digital portal.

V. Exceptions

The Decree also establishes cases in which regularization will not proceed:

• When the requirements established in the Decree are not met; or
• When the concession or assignment is in the process of being transferred or was issued without the possibility of extension.

The Decree will be in effect only for six months from the date of its publication in the DOF.

*Special thanks to Law Clerk/JD Carolina Monroy Solís for contributing to this GT Alert.
Not admitted to the practice of law.

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