A Turning Point for Mexico’s Water Future

President Claudia Sheinbaum presented a bill aimed at changing various aspects of water management and use in Mexico. Its approval would be of vital importance for the water sector, as there has been legislative paralysis in the federal Congress for more than 10 years. During this time, deputies and senators have failed to fulfill their constitutional mandate from the 2012 reform to establish the regulatory framework for guaranteeing the human right to water.

The current law dates back to 1992, when water was conceived under an economic development framework, prior to the signing of the North American Free Trade Agreement (NAFTA). That vision prioritized attracting private investment and commodifying water resources over sustainability and environmental protection. It also triggered socio-environmental conflicts over water, as it lacked a human rights perspective and failed to regulate the hoarding of this vital resource by a small number of concession holders.

For example, in 2020, around 1,000 companies, 1,500 legal persons and 800 civil associations hold 22% of all water-use concessions [1]. Meanwhile, according to data from the National Water Commission (CONAGUA), it has been identified that 3 billion cubic meters of concessioned water are not being used properly [2].

Sheinbaum’s government seeks to break that paradigm through three instruments: the National Water Plan 2024–2030, the Concession Regularization Decree, and the General Water Law Initiative. Together, they represent the most ambitious effort in three decades to restore the State’s stewardship over the resource.

The National Water Plan proposes viewing water not as a commodity, but as a right and a pillar of social justice. The plan is built around four central pillars: national sovereignty over water resources; equitable and fair access to water; adaptation to climate change; and integrated management guided by transparency and participation. 

The Regularization Decree opens a window for small producers and municipalities to renew expired permits, gain access to cheaper energy and credit, and put an end to the black market for water concessions. It is a pragmatic yet symbolic measure: restoring order without penalizing those who were excluded by the administrative chaos that emerged in the 1990s, when the number of concession holders suddenly jumped from 2,000 to more than 300,000 [3].

The new General Water Law would represent a structural change. First, it would establish the legal framework for municipal, state, and federal governments to guarantee the human right to water. It would also prohibit the automatic transfer of water permits between private parties, thereby ending the practice of turning concessions into transferable assets without oversight. Additionally, it proposes the creation of a National Reserve Fund to reassign water volumes based on social criteria, defines water-related offenses, and strengthens the authority of CONAGUA.

Table 1. Comparison between the Current Legal Framework and the Proposed General Water Law 

The challenge will be significant. One of the most controversial aspects of water policy is that the current budget is insufficient: irrigation modernization requires investment, as does the development of new technologies to improve the management of this vital resource. Likewise, the enforcement of criminal provisions will require specialized judges with the capacity to address the numerous water-related conflicts emerging in a country highly vulnerable to the climate crisis.

This is a pivotal moment to define the future. If Mexico succeeds in balancing social justice, sustainability, and long-term planning, it could usher in a new water era — one in which water ceases to be a privilege for a few sectors and truly becomes a human right. In a country that has long turned its back on water, this is not merely about new rules, but about opening the door to a new pact with water.

​​(The author acknowledges the research assistance of María Fernanda Reynoso Vallarta in the preparation of this article.)

References

[1] Gómez-Arias, W. & Moctezuma, A. (Septiembre 2020). Los millonarios del agua. Una aproximación al acaparamiento del agua en México. Argumentos Estudios Críticos de la Sociedad – UAM. Recuperado de: https://agua.org.mx/biblioteca/los-millonarios-del-agua-una-aproximacion-al-acaparamiento-del-agua-en-mexico-argumentos-estudios-criticos-de-la-sociedad-uam/

[2] Presidencia de la República. (2025). Primer informe de gobierno 2024–2025: Informe integrado. Recuperado de: https://www.informegobierno.gob.mx/usercontent/68b4162a4d926-1IG-INFORME-INTEGRADO-FINAL_26_08_2025

[3]  Cantú, M. & Garduño, H. (2003). Administración de derechos de agua. Experiencias, asuntos relevantes y lineamientos. Organización de las Naciones Unidas para la Agricultura y la Alimentación. Recuperado https://www.fao.org/4/y5062s/y5062s00.htm#Contents