In response to the passing of Senate Bill 7 during the 89th legislative session, which adds Subchapter H to Chapter 6 of the Texas Water Code, the Texas Water Development Board (TWDB) is updating several funding program Intended Use Plans (IUPs) to add language regarding additional coordination and planning requirements for raw or potable water projects funded by the TWDB—specifically those involving the transportation of water across geographic areas and potential land acquisition.
For projects that include the development of infrastructure to transport available water, planning efforts now must incorporate strategies to minimize the need for exercising the power of eminent domain. This includes prioritizing the use of existing transportation and utility easements when securing an interest in real property.
These projects should also anticipate that a joint planning and coordination meeting may be required—facilitated by the TWDB—between project sponsors, governmental entities, utilities, common carriers, and other relevant stakeholders. The purpose of such meetings is to promote collaboration and reduce the necessity of exercising the power of eminent domain to obtain interest in real property by identifying opportunities to utilize existing transportation and utility easements.
The period of public review and comment on these updates begins December 18, 2025, and ends January 8, 2026. If you wish to present comments to the TWDB concerning the language added to the IUPs, you may use the following options:
- Complete and submit the Online Public Comment Form
- Email comments to Financial_Assistance@twdb.texas.gov with the subject line “Public Comment – Conveyance Language on IUPs”
In accordance with the passing of Senate Bill 7 during the 89th Texas Legislature, which amended Chapter 6, Subchapter H of the Texas Water Code, projects involving the development of infrastructure to transport water that is made available, considerations must be included in the project planning phase to reduce the necessity of exercising the power of eminent domain to obtain interest in real property by using existing transportation and utility easements.
This is the list of IUPs to be amended:
- Drinking Water State Revolving Fund (DWSRF) for State Fiscal Years (SFY) 2023, 2024, 2025, and 2026
- Clean Water State Revolving Fund (CWSRF) for State Fiscal Years 2023, 2024, 2025, and 2026
- DWSRF – Emerging Contaminants for State Fiscal Years 2023, 2024, and 2025
- CWSRF – Emerging Contaminants for State Fiscal Years 2023, 2024, and 2025
- Flood Infrastructure Fund for the 2024-2025 cycle
