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Countries › Mexico › Guide › 11. Real estate and land › Water rights and land: concessions of 5 to 30 years, the December 2025 ban on transferring titles, reassignment when land is sold and extension windows

Water rights and land: concessions of 5 to 30 years, the December 2025 ban on transferring titles, reassignment when land is sold and extension windows

Last verified: 2026-10-26 · Status: Changing

Using national waters (wells, rivers, irrigation) needs a concession from the water authority of 5 to 30 years, decided within 60 business days of a complete file and extendable for the same term if requested between 3 years and 6 months before expiry. Since the reform published in the DOF on 11 December 2025, concession rights can no longer be transferred: when land linked to a title is sold, the authority reassigns the volume to the new owner with a new title for the remaining term. The reassignment procedure applies 180 calendar days after publication, must be resolved within 20 business days, and transferring titles or using water for another purpose is now an infringement.

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Key facts

Minimum term of a national water concession5 yearsLAN art. 24, as of 2026-10-26 · in force
Maximum term of a national water concession30 yearsLAN art. 24, as of 2026-10-26 · in force
Deadline to answer a concession request after a complete file60 business daysLAN art. 22, as of 2026-10-26 · in force
Deadline for reassignment of volumes when land is sold20 business daysLAN art. 37 BIS 1, as of 2026-10-26 · in force
Transfer of water concession rights between private partiesProhibited since the DOF 11 December 2025 reform; volumes are reassigned instead LAN art. 22, as of 2026-10-26 · in force

The rule

1. Concessions and terms. The water authority must answer a concession request within 60 business days after the file is complete, considering average annual availability, registered rights, basin rules and closed or reserved areas. Concessions last at least 5 and at most 30 years, depending on use priority, development priorities, social benefit and invested capital. They are extended for the same term and characteristics if the holder has not incurred termination causes and applies between 3 years and 6 months before expiry; missing the window counts as waiving the extension.
Cost to do it: Water use duties under the LFD apply and depend on zone and use; they were not computed for this page.
Example: A farm title expiring in December 2030 must be extended by application between December 2027 and June 2030.Ley de Aguas Nacionales, DOF 1 December 1992, arts. 22 and 24, paragraphs reformed DOF 11 December 2025, LAN arts. 22 and 24, 2025-12-11 official text · verified 2026-10-26 · changed: Reform DOF 11 December 2025 (decree also issuing the Ley General de Aguas): extension applications now go between 3 years and 6 months before expiry and consider water responsibility and payment of water duties.
2. No transfers; reassignment when land changes hands. Rights under concessions may not be transferred. When ownership of land linked to a concession is transferred, or on mergers, spin offs and inheritance, the authority reassigns the volume through an expedited procedure resolved within 20 business days and issues a new title to the new owner with the same volume, use and remaining term, without a new availability study. The former articles regulating transfers of titles (arts. 33 to 37) were repealed. The reassignment mechanism applies 180 calendar days after publication of the decree; until the new regulations are issued, prior rules continue except for transfers and changes of use.
Cost to do it: No fee stated in the law for reassignment.
Example: A buyer of a ranch with a well title asks the water authority for reassignment after the deed; the authority has 20 business days to issue the new title for the remaining term.Ley de Aguas Nacionales arts. 22, 37 BIS 1 and 49, reformed and added DOF 11 December 2025; decree DOF 11 December 2025, transitory Second, LAN arts. 22, 37 BIS 1 and 49, 2025-12-11 official text · verified 2026-10-26 · changed: Reform DOF 11 December 2025: arts. 33 to 37 on transfers of titles repealed; new arts. 37 BIS 1 and 37 BIS 2 create volume reassignment, applicable 180 calendar days after publication.
3. New infringements. Transferring concession titles or permits, ceding or supplying water to third parties for a use other than the one granted, and changing the use against the law are infringements added in December 2025, along with using water in greater quantity or in a different way than the title allows.
Cost to do it: Fines under the LAN sanctions article were not computed for this page.Ley de Aguas Nacionales art. 119, sections XXIV to XXVII, reformed and added DOF 11 December 2025, LAN art. 119, 2025-12-11 official text · verified 2026-10-26 · changed: Reform DOF 11 December 2025 added sections XXV to XXVII.

Worked example

  • An agribusiness buys a 300 hectare farm in Sonora with two well titles. It cannot buy the titles as such; after the deed it files for reassignment, and the authority issues new titles in its name with the same volume, use and remaining term within 20 business days (LAN arts. 37 BIS 1 and 49). Changing the use from agriculture to an industrial plant would need authorization; agricultural, livestock and aquaculture combinations do not count as a change of use (LAN art. 49).

Step by step

  1. 1. In due diligence, obtain the titles and the Public Registry of Water entries, volumes, uses and expiry dates.
  2. 2. Price the deal knowing water follows the land only by reassignment, not by contract.
  3. 3. After the deed, apply for reassignment and diarize the 20 business day deadline.
  4. 4. Diarize the extension window (3 years to 6 months before expiry).
  5. 5. Do not supply water to third parties or change its use without authorization.

Common traps

  • Buying water titles separately from land: transfers were abolished on 11 December 2025 (LAN art. 22).
  • Missing the extension window: late applications count as waiving the extension (LAN art. 24).
  • Selling water to neighbors: ceding water for another use is now an infringement (LAN art. 119).
  • Pending rules: regulations under the reform were due within 180 days; check the current CONAGUA procedure before closing.

Sources

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