On December 11, 2025, a Decree was published in the Official Gazette of the Federation that issued the General Water Law and reformed the National Water Law, marking a paradigm shift in the regulation and management of water in Mexico. This reform responds to the national water crisis and redefines water as a human right of priority attention, above any other industrial or commercial use.
For mining companies and other industries that use domestic water for industrial purposes, this reform introduces new obligations, significant restrictions and a more severe sanctioning regime.
1. Central Axis of the Reform: Absolute Priority of the Human Right to Water.
The fundamental change of this reform is the elevation of the Human Right to Water to absolute and fundamental priority in national water management. This means that:
- Any concession, extension, authorization or allocation of water must prioritize human and domestic consumption over industrial uses.
- In situations of scarcity, emergency or hydrological imbalance, CONAGUA is empowered to reduce or cancel water concessions granted to industries without limitation of amount.
2. Critical Concession Changes
A. Prohibition of Transfer of Rights
Substantial change: The rights protected by concessions and assignments may not be subject to transfer under any modality (purchase, sale, assignment, inheritance, merger, spin-off or succession).
Implication: The possibility of transferring water concessions between individuals, an instrument that historically allowed the negotiation and commercialization of these rights, is eliminated.
B. Reassignment Mechanism (Substitution of Transmission)
Instead of transmission, an expedited reassignment procedure is established.
Risk: Reallocation is not automatic; it requires authorization from CONAGUA, which will evaluate whether the volume requested is in line with the priority of the human right to water.
C. Modification of Deadlines for Extension of Concessions.
Previously: Extension could be requested within the last 5 years of validity.
Now: Extension must be requested within the last year of validity, with a minimum of 6 months prior to expiration.
Implication: The time margin for extension procedures is reduced, requiring more anticipation in regulatory planning.
3. New Obligations of Mandatory Measurement
A crucial obligation is established for the mining sector:
Concession holders for industrial use in mining must compulsorily measure:
- The total volume of water exploited, used or exploited from basins and aquifers.
- Water from mine workings used for industrial or service use.
Scope: This obligation includes not only mine water, but also wastewater generated by mining processes.
Implication: Requires investment in measurement systems, continuous monitoring and annual reports with analysis and quality indicators of discharged water.
4. National Water Reserve Fund
The concept of “Water Banks” is eliminated and the National Water Reserve Fund is established, made up of:
- Volumes recovered from extinct or temporarily ceded titles.
- Water from drought or severe overexploitation.
Reallocation criteria: CONAGUA shall give priority to reallocate these volumes to uses that benefit:
- The human right to water.
- Food security.
- National development.
Implication: Mining companies will not be able to access volumes from the Reserve Fund if their operations do not align with these criteria.
5. Typification of Water Crimes
The reform introduces the figure of Water Crime with prison sentences and significant fines.
6. Conclusion
The reform represents a paradigm shift in the administration of Mexico’s water resources. The elevation of the human right to water to absolute priority marks the end of an era in which industrial uses enjoyed greater flexibility and legal security. For mining companies, this implies:
- Increased state oversight and control.
- Reduced operational and equity flexibility.
- Significant increase in regulatory compliance obligations.
- Exposure to severe penalties for non-compliance.
Legal prevention and proactive compliance management are now crucial to ensure the continuity of operations. It is recommended to act urgently on the immediate actions outlined above, as most of these provisions are effective immediately.
7. Contact and Next Steps
For assistance in implementing these measures, reviewing specific concessions and/or participating in reallocation proceedings before CONAGUA, we are available for specialized advice on mining regulation matters.
