Implications of 2026 Congressional Elections for Water Reuse Policy
Date: November 09, 2026
The 2026 congressional elections are poised to reshape the federal policy landscape for water reuse, creating new opportunities and challenges...
Implications of 2026 Congressional Elections for Water Reuse Policy
Date: November 09, 2026
The 2026 congressional elections are poised to reshape the federal policy landscape for water reuse, creating new opportunities and challenges for advancing water infrastructure investment, funding, and regulatory priorities. Although the incoming Democratic majority will gain control of the congressional agenda and key committees, the Senate filibuster and presidential veto power will make bipartisan cooperation essential to enacting significant legislation. This transition also raises important questions about the fate of pending water infrastructure authorizations, federal grant and loan funding, and FY 2027 appropriations. Changes in congressional committee leadership, the departure of several influential water reuse advocates, and the need to cultivate new legislative champions will further shape the outlook for water reuse policy. As the 120th Congress convenes, the water reuse community will need to navigate these political and institutional shifts to sustain momentum on critical programs and secure continued federal support for water reuse nationwide.
The 120th Congress, the Filibuster, and Presidential Veto
Heading into next year, Democrats will hold at least 54 seats in the Senate (races in Alaska and Mississippi had yet to be called at the time of writing) and at least 240 seats in the U.S. House of Representatives (35 House races remained uncalled at the time of writing). As the new majority, Democrats will set the legislative agenda, determine which bills are considered by congressional committees, and control the House and Senate floor. In the House, Democrats will be able to pass legislation with 218 votes. However, two realities will limit the power of the new majority and force some degree of bipartisanship. First, with rare exception, 60 votes are required to overcome the filibuster in the Senate, meaning that Democrats will need to rely on Republican votes to pass most legislation. There are two processes by which Congress can enact legislation with only a simple majority vote in the Senate—budget reconciliation and the Congressional Review Act (CRA); however, this brings us to challenge number two for the Democrats: the presidential veto. Even if the Democratically controlled Congress were to pass legislation using budget reconciliation (limited to legislation with a budgetary impact) or the CRA (used to rescind recently codified regulations), President Trump would be able to use his veto power. As is always the case with a split government, bipartisanship will be important.
The Lame Duck Session
The current House and Senate majority will be inclined to move swiftly during the Lame Duck session to complete outstanding business before year’s end. This includes FY 2027 appropriations, permitting reform legislation, and changes to tax administration policy, among other items. As the incoming majority, however, Democrats may prefer to wait until they are in power to rewrite and move major legislation. Several water policy items have yet to be dealt with and may be on the docket for the remainder of the year. These include the reauthorization of water infrastructure loan and grant programs that expire at the end of this year. If Congress does not complete this work before year’s end, Democrats will need to decide whether to start from scratch with new legislation in the new Congress.
Water Reuse Grant and Loan Funding
The current leaders of the House and Senate Appropriations Committees, despite the election results, continue to indicate that they want to work together to enact FY 2027 appropriations legislation this year. The House Appropriations Committee has passed FY 2027 funding legislation that increases water reuse grant funding but cuts water infrastructure loan programs, while the Senate Appropriations Committee has yet to release any FY 2027 appropriations bills. Current federal funding expires on December 11, so Congress will at the very least need to pass a funding extension before then. Of note, the current Chair of the Senate Appropriations Committee, Senator Susan Collins (R-ME), lost her reelection bid last week. Senator Collins has championed a WateReuse Association-supported provision suspending the Trump Administration’s authority to implement newly proposed revisions to federal grantmaking rules and requirements.
Authorizing Committees
While full committee rosters will not be set until next year, in some cases we do know which members of congress will serve as the chairs and ranking members of key committees. Moreover, several important committee members lost their reelection bids and others are retiring at the end of the year.
Senator Jeff Merkley (D-OR) is poised to take over as the chairman of both the Senate Environment and Public Works (EPW) Committee and the Interior and Environment Appropriations Subcommittee of the Senate Appropriations Committee. This will give Senator Merkley a great deal of power over environmental policy, funding, and programs, including water infrastructure programs administered by the U.S. Environmental Protection Agency (EPA). Senator Shelley Moore Capito (R-WV) is expected to retain her spot as the top Republican on the EPW Committee.
Senator Mike Lee (R-UT), the current Chair of the Senate Energy and Natural Resources (ENR) Committee, is expected to give up his ENR role to take the top Republican spot on the Senate Judiciary Committee. It is not yet clear who will take Lee’s spot as ranking member of the ENR Committee; however, Senators John Barrasso (R-WY) and Dave McCormick (R-PA) are likely candidates. Senator Martin Heinrich (D-NM) is expected to take over as the new chairman of the Committee as Democrats come into power next year. The Senate ENR Committee has jurisdiction over the Bureau of Reclamation and its programs, including water reuse grant programs. More than a half dozen Republican members of the EPW and ENR Committees either lost their reelection campaigns or are retiring at the end of this year.
On the House side, the current Chairs of the Water Subcommittees of the House Transportation and Infrastructure (T&I) Committee and the House Natural Resources (HNR) Committee are both retiring, so will not be returning as ranking members. The current top Democrat on the Water Subcommittee of the T&I Committee is also retiring, leaving the chairmanship of the Subcommittee open. It is not yet clear who will helm the T&I Water Subcommittee next year. Several Democrats may compete for the chairmanship, while Vince Fong (R-CA) is well-positioned to become ranking member. Representative Val Hoyle (D-OR) is in line to take over as Chair of the HNR Water Subcommittee, while Celeste Maloy (R-UT) is well-positioned to become ranking member of the Subcommittee.
Appropriations Committees
As mentioned above, Senator Susan Collins (R-ME), the current Chair of the Senate Appropriations Committee, lost her reelection bid last week, clearing the way for Senator Lisa Murkowski (R-AL) to take over as ranking member in January. Senator Patty Murray (D-WA), the current ranking member of the Committee, is widely expected to take over as full Committee Chair. In the House, Representatives Rosa DeLauro (D-CT) and Tom Cole (R-OK) will likely remain atop the House Appropriations Committee.
At the subcommittee level, in addition to taking over as Chair of the Senate Appropriations Committee, Senator Murray may choose to retain her role as the top Democrat on the Energy and Water Development Appropriations Subcommittee, which has jurisdiction over Bureau of Reclamation funding. Likewise, Senator Murkowski, in addition to becoming the ranking member of the full Committee, may also retain her role as the top Republican on the Interior and Environment Appropriations Subcommittee, which has jurisdiction over EPA funding. In the House, the Republican and Democratic leaders of the Energy and Water Development Appropriations Subcommittee and the Interior and Environment Appropriations Subcommittee all won their races and will remain atop those subcommittees.
Water Reuse Champions
Several water reuse champions lost their reelection bids in the 2026 cycle. Senator John Cornyn (R-TX), who has pushed for water reuse funding and recently sponsored legislation to reauthorize desalination grant programs, lost his primary race to Ken Paxton, who in turn lost in the general election to James Talarico. Representative Juan Ciscomani (R-AZ), who sponsored legislation to reauthorize the Large-Scale Water Reuse Projects Competitive Grants Program, lost his reelection campaign, as did Reps. Brian Fitzpatrick (R-PA) and Rob Whittman (R-VA), both of whom cosponsored the Advancing Water Reuse Act (H.R. 2940). Congressman David Valadao (R-CA), who supports reauthorizing and funding water reuse grant programs, also lost last week. Looking forward, WateReuse will be working to build congressional champions among freshmen Members, returning Members, and new leaders of key committees and subcommittees.
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