New General Water Law And Reform Of The National Water Law

On December 3, 2025, the Chamber of Deputies and, on December 4, the Senate approved the General Water Law (LGA) and reforms to the National Water Law (LAN), derived from the initiative presented on October 9 by President Claudia Sheinbaum. With these approvals, the legislative stage of the new water framework is complete, and all that remains is its enactment and publication by the federal executive. The direction of the reform is clear: a more restrictive system, greater discretionary authority for the State, greater compliance obligations for concessionaires, and a reinforced emphasis on the human right to water and sustainability.

The most significant element is the absolute priority given to the human right to water and water responsibility, which becomes the central axis of all administrative decisions and relegates productive uses to a secondary level. This structural change redefines the relationship between authorities and concessionaires with regarding the resource and anticipates a more demanding regulatory environment.

Substantive reforms to the National Water Law (LAN)

The LAN becomes the operational and sanctioning axis of the new system. Its modifications are those that have the greatest impact on companies and productive users.

Volume management, transmission, and operational flexibility

• The transmission, transfer, or exchange of volumes between individuals is eliminated; water is no longer a transferable asset, and any unused volume returns to the reserve fund for reallocation by CONAGUA.
• To obtain volumes, the concept of reallocation is introduced, whereby CONAGUA, under certain criteria, may grant new volumes to concessionaires from the reserve fund(s) and water banks.
• Agricultural concessions may only "transfer" rights when ownership of the land is also transferred and without changing its use; this dismantles internal redistribution practices within Irrigation Districts.
• The possibility of modifying the use of concession titles is repealed, which restricts users' ability to adjust their operations to changes in production or water demand.

Extensions, continuity, and legal certainty of concessions

• Extensions may only be requested within two years prior to expiration, under a stricter evaluation standard that includes availability, fiscal-environmental compliance, and level of water responsibility.
• The unilateral reduction of volumes for reasons of "water security" allows CONAGUA to adjust existing concessions even without violations attributable to the holder, increasing operational uncertainty.
• The exception regime is modified to prevent the expiration of volumes, particularly the guarantee quota, by allowing only conditional extensions and subjecting them to justification before the authority.

Reinforced state control, new obligations, and sanctions

• The REPDA is replaced by the National Public Water Registry (REPNA), a stricter traceability system that requires continuous updating, operational verification, and greater transparency.
• Discharge reports will be annual, reuse is regulated as a formal activity, and measurement, treatment, and traceability obligations are strengthened.
• The penalty system is tightened with higher fines, closures, revocation of titles, and aggravated recidivism; corrective measures must be implemented within a maximum of four months.
• The list of water crimes—meter tampering, channel alteration, illegal water trafficking, corruption in procedures—is strengthened with severe criminal penalties and mandatory participation of the authority as an assistant to the Public Prosecutor's Office.

Specific implications for the agricultural sector

• Transfers will only be valid if they include the simultaneous transfer of the land linked to the title, eliminating internal water markets and adjustments for availability in Irrigation Districts.
• Agricultural use may not be changed to related activities such as livestock or aquaculture, reducing the capacity for productive reconversion in the face of new needs or climatic conditions.
• The State may prioritize strategic crops under food sovereignty criteria, which will influence future extensions, reallocations, and authorizations.
• Verifications of irrigation efficiency, infrastructure, and effective use of the resource are strengthened; practices that were previously administrative may now become serious infractions or crimes.

Transitional provisions and regulatory transition period

• The reform requires CONAGUA to issue a NOM for volume measurement, which will establish technical specifications, calibration criteria, and reporting obligations; its publication may involve the replacement of equipment and adjustments to existing systems.
• Title Regularization Programs must be created, through which the authority will review volumes, uses, documentation, and compliance, and may adjust or reduce rights in areas with water stress or incomplete information.
• The states and the Federation will implement Free Water Supply Zone Regularization Programs, which will involve the mandatory incorporation of untitled wells into the formal regime or their eventual restriction or closure.
• The lack of guidelines and regulations for the LGA will lead to a transition period with discretionary criteria, especially in terms of extensions, measurement, and water security, which increases uncertainty for ongoing procedures.

New General Water Law (LGA)

The LGA establishes a new national framework focused on guaranteeing the human right to water and a stricter and more coordinated public management model. Its adoption implies reinforced obligations for authorities, operating agencies, users, and developers, as well as new standards for access, sustainability, and social participation.

Human Right to Water and New State Governance

• The human right to water and sanitation becomes the guiding principle of the water system, requiring that all administrative decisions prioritize domestic and public urban use over any productive use.
• Binding principles—pro persona, precaution, progressivity, and in dubio pro agua—condition the interpretation of concessions and authorizations issued under the LAN, reinforcing the protection of the resource and vulnerable users.
• State stewardship is redefined: the Federation directs water policy; states must legislate on rainwater harvesting, pollution prevention, and reuse; and municipalities become directly responsible for the priority provision of the service.

Rainwater harvesting, sanitation, and social governance of water

• Rainwater harvesting becomes mandatory in public and private buildings in accordance with technical guidelines to be issued by CONAGUA, which states and municipalities must incorporate into their urban and construction regulations.
• Progressive targets for treatment, sanitation, and reuse are established, along with reinforced obligations for transparency, water education, and social participation, integrating cultural and community dimensions into water policy for the first time.
• The LGA formally recognizes community and indigenous systems as legal entities for water management, requiring the authority to coordinate consultation, participation, and local administration processes with these structures.
• Water planning instruments and long-term vision
• The National Water Strategy becomes the country's guiding instrument, with mandatory targets for 10, 20, 40, and 60 years, which should guide federal, state, and municipal programs and prevent setbacks in guaranteeing the human right to water.
• The planning system incorporates indicators of efficiency, equity, quality, water vulnerability, and climate change, reorienting public policy toward measurable and sustainable criteria.
• The REPNA and watershed programs are aligned with this strategy, requiring greater integration between authorities and strengthening territorial oversight of the resource.

Our team is closely analyzing the legal restrictions and implications for current concession holders to identify, case by case, the best strategy to pursue an amparo—constitutional—action against the LGA and reforms to the LAN. We would be pleased to make ourselves available should you be interested in reviewing our analysis and the potential courses of action.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.