Lawmakers would decide if funded water projects can use eminent domain

When approving project funding, the legislature would specify whether the project may use eminent domain, after receiving a recommendation from the water development commission. This applies to projects receiving funds from water development accounts I through III that begin on or after July 1, 2026. If the need for eminent domain arises after funding is approved, the project sponsor and the water development commission must notify the legislature. The project cannot spend its approved funds unless a law passed in a later legislative session authorizes eminent domain. The act would take effect July 1, 2026, and apply to covered projects initiated on or after that date.