Among the recent amendments enacted on December 11, 2025 to Mexico’s National Water Law (“LAN”), a chapter was added to establish the so-called “Crimes Against National Waters”, with the purpose of punishing, among other actions, “any person who intentionally transports federally owned waters for profit, with knowledge that such waters were illegally extracted…”. This offence is now subject to prosecution under Mexican law and carries the following penalties:
- Three to five months in prison and a fine ranging from 100 to 200 Units of Measurement (“UDIS”), meaning from $50 to $100 USD, when the volume involved is less than 50,000 liters.
- Six to eight months in prison and a fine ranging from 150 to 250 UDIS, meaning $75 USD to $127 USD, when the volume exceeds 50,000 liters.
The incorporation of this crime is aimed to combat so-called “water theft” commonly referred to in Mexico as “water huachicol”, a term used to describe the illegal extraction of national waters for commercialization in areas facing low water availability, such as neighborhoods in cities affected by interruptions and shortages in water supply.
Although the conduct punished by this crime is directed at those individuals who knowingly transport illegally extracted national water for profit, such reform does not eliminate the potential risk for purchasers of national water delivered by water tank trucks, used for filling cisterns, construction, and many other commercial purposes. Depending on the circumstances, purchasers could become involved in an investigation as potential accomplices in the commission of the crime, in addition to the risk of extortion from vehicle drivers.
Therefore, it is important to document the contractual relationship with the supplier of the water tank truck service, with representations and warranties regarding the origin of the water and the corresponding reasonable documentary support.
The amendment of the LAN also poses a challenge for suppliers using water tank trucks with national water, as such activities may imply a change of use, which is punishable by a fine of up to 30,000 UDIS (about $15,000.00 USD), the temporary or permanent closure of the supply source, and even the suspension or revocation of the concession title.
The first transitory article of the LAN reform establishes the obligation to issue or amend the corresponding regulations to the LAN, and it is important for readers to review such new regulations once they have been issued. The attorneys in CCN’s Real Estate practice area are at your service for any related questions or matters.