New Report Introduces First Legal Blueprint for Climate-Resilient Water and Sanitation in the U.S.

GlobeNewswire | Pacific Institute
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Oakland, CA, USA, Nov. 19, 2025 (GLOBE NEWSWIRE) -- A new report released today by the Pacific Institute and the Center for Water Security and Cooperation (CWSC) provides the most comprehensive framework to date for assessing and improving whether laws enable climate-resilient U.S. water and sanitation systems. The report, “Actionable Criteria for Achieving Equitable, Climate-Resilient Water and Sanitation Laws and Policies,” is the fourth publication in the Water, Sanitation, and Climate Change in the United States series. It is intended as a resource for frontline communities and their supporters – including local and state legislators – to identify new or improved legal strategies for building more equitable, climate-resilient water and sanitation. 

As extreme climate change events accelerate, with the impacts of floods, wildfires, droughts, and storms intensifying, the laws governing access to drinking water and sanitation are not keeping pace. Building on earlier reports that reviewed climate impacts, analyzed existing laws, and outlined resilience strategies, this report provides 19 actionable criteria and over 60 legal strategies. These are designed to help frontline communities, utilities, law and policy makers, and advocates assess whether current federal, Tribal, state, or local laws support or hinder climate change preparedness and response. 

“When climate disasters strike, it’s not just homes and roads that are destroyed. Water stops flowing. Toilets stop working. Critical water infrastructure is damaged. And the law is often insufficient to prepare communities to take action to stop harms to people,” said Alexandra Campbell-Ferrari, executive director of CWSC. “This report makes the legal frameworks more visible, accessible, and meaningful, so mayors, Tribal leaders, legislators, and communities are empowered to change their future”. 

Recent climate disasters highlight the high stakes of failing to account for climate change in laws and policies governing water infrastructure. For example, Hurricane Helene (2024) caused an estimated $37 billion in damage to water and wastewater systems in North Carolina, leaving thousands of households without access to running water for weeks. In 2022, flooding in Jackson, Mississippi, damaged the already failing water system resulting in approximately 160,000 residents without access to safe drinking water for weeks. 

The criteria in the report are organized in six sections that include: 

  1. Siting, design, and construction requirements address climate change: Requires infrastructure to be sited and built using updated codes that reflect climate risks like flooding, wildfire, and drought.
  2. Water uses are legally protected in frontline communities during climate disruptions: Puts in place safeguards for water and sanitation access during droughts or shortages. 
  3. Climate resilience is required in planning: Ensures utilities and agencies include climate change in future planning for water and wastewater services. 
  4. Water and climate data collection, monitoring, and reporting are required: Requires data and information transparency and community engagement in decision-making. 
  5. Laws govern equitable distribution of climate-resilient infrastructure funding: Requires fair and inclusive investment in climate resilience for water and sanitation systems, especially for frontline communities. 
  6. Laws to minimize climate disruptions are enforceable and enforced: Ensures that laws are enforceable and violations are addressed. 

“This report is not prescriptive, rather it outlines the types of legal provisions that can increase the ability of communities to prepare for and recover from climate disruptions to water and sanitation,” said Dr. Shannon McNeeley, Pacific Institute associate director, Water and Climate Equity. “It shows how legal language connects directly to people’s lived experiences.” 

While many laws are lagging, the report also spotlights real-world legislative and policy examples across the country that are helping build resilience: 

  • New York’s post-Hurricane Sandy reforms require critical water infrastructure funded through the state revolving fund to be elevated above federal flood level standards, setting a new legal standard for hurricane adaptation. 
  • States such as Montana, Utah, and Pennsylvania have adopted the International Wildland-Urban Interface Code, helping communities mitigate wildfire risks to homes and associated water infrastructure. 
  • New Mexico’s water shortage sharing agreements allow water users to voluntarily collaborate and support each other when water is scarce, leading to more equitable water management during drought emergencies.
  • Texas legislature and voters supported a proposition to create and appropriate approximately $793 million in funding for the Flood Infrastructure Fund that will provide loans and grants for flood control, mitigation, and drainage projects, with a provision to prioritize funding for low-income communities.  

“Communities do not have to start from scratch,” said Morgan Shimabuku, Pacific Institute senior research specialist. “We already have examples of what success looks like. The key is scaling and adapting these solutions to more communities.”  

Modernizing water and sanitation laws is essential as climate impacts intensify. This report offers a clear, actionable blueprint for communities, advocates, and policymakers to update outdated laws, strengthen protections, and ensure safe, reliable water and sanitation for all.  

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Founded in 1987, the Pacific Institute is a global water think tank that combines science-based thought leadership with active outreach to influence local, national, and international efforts in developing sustainable water policies. For more information, visit pacinst.org. 

The Center for Water Security and Cooperation (CWSC) is a 501(c)(3) nonprofit organization based in Washington, D.C. Founded in 2015, the mission of the CWSC is to advance water security and cultivate cooperation by building a unified body of laws, policies, practices, and standards that ensure the availability of water for current and future generations, and a peaceful, stable, and vibrant global society. For more information, please visit thecwsc.org. 


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