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Legal briefing

Regulation for the Determination and Payment of the Fee to Guarantee the Non-Expiration of National Water Rights

06/08/2026

A new Regulation is published establishing the procedure for determining and paying the fee to guarantee the non-expiration of national water rights, replacing the 2011 framework with significant changes to deadlines, fixed calendar quarter calculations, and a new extension mechanism.

On August 4, 2026, the Decree enacting the Regulation for the Determination and Payment of the Fee to Guarantee the Non-Expiration of National Water Rights (the “Regulation”) was published in the Official Gazette of the Federation, effective as of August 5, 2026, repealing the Regulation published on May 27, 2011.

Key changes include the replacement of consecutive months with fixed calendar quarters for calculating the two-year period, the extension of the payment deadline from 15 to 45 business days, the introduction of specific deadlines for submitting proof of payment and for the authority to request clarifications, and the incorporation of an express extension mechanism, which may be requested on up to two occasions with prior authorization by CONAGUA. The transitional regime provides that the first complete two-year period under the new scheme would begin in January 2027. This regulatory change has significant implications for all concessionaires and assignees with volumes of water at risk of expiration.

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