Water and Law

Water and Law

Rafael Bernardo Carmona Paredes

In force since 1992, the National Water Law (LAN, Spanish initials) regulates the use, exploitation, and conservation of water owned by the nation. Its focus has been mainly administrative and economic, prioritizing productive sectors such as agriculture and industry through the granting of concessions. Given its limitations, the Water General Law (LGA, Spanish initials) was proposed, whose objective is to place the human right to water at the center of water policy.

Around the world, water policies and infrastructure are being left behind current challenges, raising questions about the ability of the new legal framework to address issues such as water justice, ecosystem protection, and the prevention of water hoarding. In this sense, it is key to evaluate whether the reform not only prioritizes access to water, but also the conservation of the natural resources that guarantee its availability.

The LAN recognizes the need for efficient use of water, which means establishing clear criteria for water quality for different uses. This raises questions about whether all activities require potable water and whether there is sufficient availability to meet this demand. The legislation also includes measures such as the promotion of nature-based solutions, the responsibility of local governments in the treatment and reuse of wastewater, and the promotion of sanitation.

However, the implementation of the new framework faces significant challenges. On the one hand, it seeks to expand the powers of the National Water Commission (CONAGUA), but at the same time this entity has suffered significant budget cuts. In addition, it will be necessary to issue regulations and meet deadlines to redefine concessions, guaranteeing the human right to water and food sovereignty.

Other challenges include the development of research that compares natural and technological solutions for water treatment and reuse, the definition of quality standards, and the creation of safety mechanisms for the use of regenerated water. It is also necessary to promote multisectoral participation in the development of norms and ensure that urban development incorporates adequate infrastructure suitable for sustainable water management.

It will also be necessary to address structural issues such as the viability of large water projects, including dams and diversions, and the use of water for power generation. The participation of academic and professional institutions will be essential to provide innovation, methodologies, and technologies—such as data analysis and artificial intelligence—that strengthen decision-making.

Finally, it is foreseeable that legal controversies will arise from the implementation of the reform, especially around the reallocation of concessions and equitable access to water. However, the new legal framework sets new opportunities for collaboration between government, academia, and society. In short, the reform represents an opportunity to move towards a more equitable and sustainable model, although its success will depend on its correct implementation and the active participation of all sectors.

The LAN, enacted on December 1, 1992 and last amended in March 2016, represents the regulation of Article 27 of the Constitution on national water. It can be consulted at https://www.gob.mx/profepa/documentos/ley-de-aguas-nacionales-62956.

The new LGA was issued on December 11, 2025, and its text reforms, adds or repeals various provisions of the LAN. It is a regulation of Article 4 of the Constitution, paragraph 8, “in matters of the human right to access, disposal and sanitation of water for personal and domestic consumption; establishes the bases, supports, and modalities for their access, equitable, and sustainable use of water resources [and]; its interdependence with other human rights...”. The law recognizes that there are community-managed water systems, especially in rural areas. However, it does not explain how they should work or set clear rules for them. In addition, their recognition is limited and does not guarantee that they can operate autonomously, especially in front of municipal authorities. Therefore, although it is a positive step, it is still insufficient to give them legal certainty and protect their operation.

The new LGA can be found in https://www.diputados.gob.mx/LeyesBiblio/pdf/LGAg.pdf.