The Texas Water Development Board (TWDB) is providing information on additional coordination and planning requirements for raw or potable water projects funded by TWDB. This specifically relates to water projects involving the transportation of water across geographic areas and potential land acquisitions. This comes after the passage of Senate Bill 7 from the 89th Legislative Session, which added Subchapter H to Chapter 6 of the Texas Water Code.
For projects that include the development of infrastructure to transport available water, planning efforts 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 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.
More information from TWDB on the process will be released through the agency’s website, social media channels, and through future emails. The full communication from TWDB can be found here.

