The recent approval in Congress of the new General Water Law and the reforms to the National Water Act marks an important moment for water policy in Mexico. Although the public debate has focused on its urgency and scope, the essential thing is to understand how this legislative change redefines the relationship between the State, the users and the resource itself.

The National Water Act —in force since 1992— regulates article 27 of the Constitution and recognizes water as the property of the Nation. The new General Water Law, based on article 4 of the Constitution, introduces a different approach: water as a human right that must be guaranteed in a universal, healthy and equitable manner.

1. Water as a human right and regulatory axis

One of the pillars of the reform is the express recognition of access to water as a human right. This change implies that the resource ceases to be conceived as a purely economic element and is integrated into a broader protection framework.

2. Greater State leadership in resource management

The initiative seeks to strengthen State intervention, through competent national entities, to centrally monitor the use, distribution and allocation of water.
This approach seeks to ensure greater equity and institutional control, especially in contexts of scarcity or conflict.

3. Redefinition of the concession regime

The reform proposes that concessions can no longer be transferred between individuals. In case of modification or end of use, they must return to the National Water Commission for reassignment.
This change aims to avoid speculation and improve resource traceability, but it also raises questions about the continuity of productive projects that depend on long-term concessions.

4. Transparency, traceability and control mechanisms

It is planned to strengthen institutional records and tools to monitor water use, concessions and allocations. The objective is to reduce risks of abuse, opacity or misuse through more robust control and supervision systems.

5. Priority to domestic use in critical situations

In contexts of conflict or water insufficiency, the reform establishes that domestic and personal use must take priority over agricultural, industrial or commercial uses.
This principle seeks to directly protect the population, especially in vulnerable areas.

6. Equity and hydraulic justice

The new law incorporates measures aimed at improving access to water in rural communities, marginalized areas and populations with less infrastructure. This approach to hydraulic justice requires public policies, investment and inter-institutional coordination to materialize.

A relevant change with open questions

Although the reform advances in an approach aligned with international standards, important questions remain:

• Does the State have the operational capacity to oversee centralized resource management?
• How will the priority of domestic use be balanced with the needs of agricultural and industrial sectors?
• What budgetary mechanisms will sustain the promises of hydraulic justice?
• What degree of certainty will there be for investment if concessions do not guarantee prolonged continuity?

Conclusion

The reform of the National Water Act and the creation of the new General Water Law represent an effort to modernize the legal framework and orient water management towards the human right to water. Its impact will depend on regulatory clarity, institutional capacity and the resources allocated to its implementation.

At RRQB, we will continue to analyze these changes to provide our clients with a clear, updated and strategic legal vision.

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