Temporarily ceasing to use a concessioned volume can put the title at risk if the inactivity reaches the period set by the National Waters Law. The guarantee fee offers a way to avoid lapse for non-use, but it requires timeliness, calculation and evidence; it does not work as a renewal nor does it cure other breaches. In July 2026, the amounts applicable for the year were published. This text organizes its practical elements. It is informational material and does not constitute legal advice.
The risk of lapse
The National Waters Law provides for the total or partial lapse of the concession when concessioned water ceases to be used for two consecutive years. The law itself recognizes situations that may prevent it, including the timely payment of a guarantee fee proportional to the unused volume, as well as certain justified causes, orders from the authority, authorized works or efficiency investments. Each exception has its own conditions and must be substantiated. Paying without reviewing the title, the volumes and the chronology may leave part of the exposure intact. The analysis must distinguish an actual lack of use, incomplete metering, authorized variations and documented circumstances, and also verify that there are no other grounds for suspension, revocation or termination.
The fee published for 2026
On July 14, 2026, the Ministry of Finance published forty fees per cubic meter, differentiated by use, surface or groundwater source and availability zone. The determination is not about choosing a general rate: it must relate the title, municipality or zone, type of use and the volume to be guaranteed. The official notice sets out the declaration and payment scheme under the applicable regulation, including the Declar@gua system and the corresponding code. Since the transitional rules keep prior provisions in place while the new regulation is issued, it is advisable to keep the calculation screen, payment reference, bank receipt and the support for the volume together with the concession file.
Annual control of the title
The fee must be integrated into a broader calendar that includes metering, declarations, water duties, specific conditions, validity, extension and change notices. Before two years without use accumulate, the holder must decide whether to reactivate the use, substantiate an exception or pay the guarantee in time. The law allows extensions to be requested in certain situations, but they require justification and a resolution from the authority. Periodic reconciliation between meters, production, billing and reports reduces inconsistencies. It is also useful to document why the volume remains idle and who authorized the strategy. The evidence must be kept accessible for inspections and for a possible defense against a declaration of lapse.
Key points
- Two consecutive years of non-use can lead to total or partial lapse.
- The fee is a conditional option, not a renewal or a general waiver.
- The rate depends on use, source, zone and volume, not only on the title.
- Timeliness and documentary support are as important as the payment.
What to review
- Reconcile titles, meters and volumes used during the last twenty-four months.
- Determine the 2026 rate with the exact classification and keep every receipt.
- Create alerts for non-use, periodic obligations, expiry and extension requests.