The recent reform of the National Water Law introduces a decisive shift in the management of water resources in Mexico, by prioritizing human consumption, reinforcing state control and tightening the regime of concessions and sanctions. This new regulatory framework has immediate and relevant implications for hotels, resorts and tourism developments, which will have to adapt quickly to greater compliance, sustainability and traceability obligations to guarantee the continuity of their operations and avoid legal and operational risks.
The recent reform of the National Water Law in Mexico represents a substantial change in the regulation of the use and management of water, with direct and significant impacts on the tourism and hotel sector.
The new legal framework prioritizes human consumption and sustainability, reinforces state control over water resources, tightens the concession regime and establishes stricter obligations for all users, including hotels, resorts and tourist developments. The main changes and their practical implications for the sector are detailed below:
- Immediate operational impact for hotels, resorts and tourism developments
Lodging establishments are intensive in the use of water due to their daily operation, amenities, laundry, pools, spas, green areas, golf courses, marinas and complementary services. With the legal priority of human consumption, hotels must anticipate revisions of concessioned volumes, unloading conditions, extension requirements and greater scrutiny of their measurement systems. Advance management reduces the risks of sanctions, closures, litigation, and unforeseen costs, and enables efficiency improvements, incentive eligibility, and competitive advantages.
- Priority of human and domestic consumption
The reform establishes as a guiding principle the priority of human and domestic use of water. All concessions, authorizations and extensions must be aligned with this principle.
The National Water Commission (CONAGUA) may reduce or cancel concessioned volumes if there is a risk for priority use, after technical assessment and notification. Water responsibility and the principle of water security, which are required of all users, are incorporated to guarantee the human right to water.
Recommendation: Tourist and hotel establishments should maintain solid documentary records on the use of the resource, compliance with title conditions and operation of water infrastructure, in order to avoid sanctions and facilitate the obtaining of extensions or new titles.
- New regime of concessions, assignments and reassignments
The criteria for the granting, modification and continuity of water titles are tightened and redefined. The transfer of concessions and permits is prohibited, except in specific cases (succession, mergers, spin-offs, transfers of property with linked titles or ejido/communal lands).
Expedited reassignment procedures are created and extensions will only be granted if continuous water compliance is accredited. The use of the non-expiry guarantee fee is limited to two extensions and the possibility of modifying the authorised use is eliminated, avoiding the commodification of water.
Recommendation: Prepare water compliance documentation in advance to take advantage of regularization mechanisms and ensure the operational continuity of tourism and hotel services.
- Promotion of reuse and control of discharges
The reform promotes sustainable water management through incentives for the reuse of treated and untreated wastewater, in accordance with current regulations and international best practices.
Authorization from CONAGUA is required for rainwater harvesting systems for uses other than domestic or urban, and stricter conditions are established for the treatment, reuse and control of discharges. The protection of ecosystems, bodies of water and human health is mandatory.
Recommendation: Implement discharge control and monitoring programs, as well as water reuse strategies, to reduce legal and administrative risks, and generate operational efficiencies and savings in water consumption.
- Sanctioning regime and water crimes
The new sanctioning regime is considerably more severe. Fines of up to 30,000 UMAs, temporary closures and revocation of titles are foreseen.
CONAGUA’s infractions and inspection powers are expanded, with aggravated penalties for repeat offenses. The user’s water liability will be evaluated when determining the penalties and a single exemption is contemplated for non-serious infractions if they are corrected in a timely manner.
Water crimes are typified such as the manipulation of metering systems, alteration of channels, illegal extraction, contamination of bodies of water and acts of corruption.
Recommendation: Adopt water traceability and compliance systems to avoid penalties, reduce criminal risks and ensure continuity in operation and access to the resource.
- Transitional provisions and implementation rules
- The reform came into force on December 12, 2025.
- A period of 180 days from the entry into force of the reform (until May 12, 2026) is granted to issue regulations and update the applicable regulations. The above legislation will be applied on a transitional basis, except for transfers and changes of use, which are prohibited.
- The reallocation mechanism will be applicable 180 days after the entry into force of the reform (May 12, 2026) and the current rules of the guarantee quota will remain in force until the issuance of a new regulation.
- CONAGUA will issue and apply programs for the regularization and simplification of procedures and concessions with priority in vulnerable areas, pending issuance of the rules on water liability and modernization of metering systems.
Conclusion
The reform to the National Water Law requires the tourism and hotel sector to adapt quickly to a stricter regulatory environment, with an emphasis on sustainability, traceability and continuous compliance, through water responsibility policies and programs.
Proper document management, the implementation of reuse and discharge control strategies, as well as the adoption of water compliance systems will be essential to guarantee operational continuity and avoid legal and operational contingencies.
