On October 29, 2025, an exceptional decree came into effect granting administrative facilities to regularize concession titles with agricultural, livestock and aquaculture use, that have lost their validity or were not extended in a timely manner.
This measure represents an opportunity for concession holders in these sectors, considering the Water Authority's increasingly strict approach to water concessions. Concession titles that could be regularized under the terms of this decree must have the following characteristics:
- Concessions that expired between October 1, 2017 and March 1, 2025.
- Concessions whose extension was not requested, or was requested outside the legal deadline (6 months before its expiration).
- Concession volume not exceeding 500,000.00 m3 per year.
The decree grants a period of 6 months to carry out the regularization actions, therefore the term expires on April 29, 2026.
While this decree represents a favorable administrative opportunity, it will also be a time when the Water Authority will verify compliance with obligations by the concessionaires, such as: submission of declarations to Declaragua; absence of grounds for expiration; compliance with the conditions established in the Concession Title.
In our experience, it is common for some concession holders to continue exploiting their water sources even with expired permits, which represents significant risks, such as: closure of extraction points and a fine amounting to MXN$3,000,000.00. Therefore, this decree offers a unique opportunity to regularize water use, avoid penalties, and secure a concession again, which is increasingly scarce in Mexico.
At Santamarina y Steta, we have extensive experience in procedures related to the extraction, use, and exploitation of national waters, including: obtaining and renewing Concession Titles; regularizing volumes and sources; and handling inspections and sanctioning procedures before CONAGUA (National Water Commission). We would be happy to assist you in assessing whether your concessions are eligible for regularization under this decree and guide you through the entire process.
