This year, all 50 state legislatures convene; most are already in session and nearly all are celebrating being in the black. According to the National Association of State Budget Officers (NASBO), forty-nine states reported revenues higher than budget forecasts closing out 2022 with a total balance of $343 billion.[1] Pandemic relief funds have filled state coffers and more funds are set to come from the Bipartisan Infrastructure Law giving states the financial wherewithal to address a myriad of issues, including those related to water.

Ongoing issues of climate change, resulting in drought and floods, coupled with infrastructure issues, ranging from water supply disruptions to contamination, have galvanized states out of their negligence. Across the nation, states are introducing a variety of bills that tackle water security.

Nebraska lawmakers dubbed 2023 the “year of water and water infrastructure” in response to last year’s drought conditions. One of the largest projects before its legislature is developing a second source of water for Lincoln.

In Texas, a variety of bills have been introduced that address climate change and infrastructure protections, a priority with more than 3,000 boil-water notices across the state last year.[2] Several bills call for projects to develop new water sources which could include gaining water rights from another state, interstate water transport systems, and desalination. The attention water is receiving is also evident with the creation of the Texas House Water Caucus, which includes over 70 House legislators, the purpose of which is to educate lawmakers about water security issues.

Kansas has sponsored bills that propose committing sales taxes to fund water projects and toward protections for the Ogallala Aquifer. The aquifer supports Western Kansas’s economy and communities and is estimated to have only ten years of water remaining without the institution of protective measures. Now the legislature is proposing to require groundwater management districts to report their spending each year and to enact a conservation plan for the aquifer.

Wyoming plans to use funds toward hydrologic modeling in preparation for future Colorado River water negotiations.

In Arizona, bills addressing water reuse and wastewater projects along with protections for groundwater are forefront.

In New York, the Governor committed to investing $5 billion toward clean water infrastructure.

Michigan has proposed a “human right to water” act that mandates that every citizen has the right to safe, clean, affordable, and accessible water. In a year where one party holds the governor’s seat and controls both legislative chambers, the act will likely pass.

California is the only state beginning the year with a deficit of $22.5 billion, and various environmental and climate change programs will see reductions, some of the most significant cuts coming to the Watershed Resilience Programs, Per- and Polyfluoroalkyl Substance (PFAS) Clean Up, and Water Recycling.[3] Governor Newsom is facing criticism for not including infrastructure funding for water storage or conveyance, although there are a number of “New Investments” in the water section of his budget.

The future of these bills will play out in the coming weeks and months, and although not every bill will pass into law, the plentitude of water-related bills serves to highlight the overriding water concerns facing the nation.

[1] National Association of State Budget Officers. “Fiscal Survey of States.” Nasbo, 2022, https://www.nasbo.org/reports-data/fiscal-survey-of-states.

[2] Lozano, Jayme, and Pooja Salhotra. “A New Bipartisan Group of Texas Lawmakers Wants to Highlight the State's Fragile Water Infrastructure.” The Texas Tribune, The Texas Tribune, 13 Jan. 2023, https://www.texastribune.org/2023/01/13/texas-legislature-water-infrastrucutre-boil-water-notices/.

[3] Nossaman LLP. “The Impact of Governor Newsom's Proposed Budget on Water Projects.” JD Supra, 12 Jan. 2023, https://www.jdsupra.com/legalnews/the-impact-of-governor-newsom-s-2964332/.