View by Topic
Recent Articles
-
North America’s Rising Water Costs – A New Fiscal Headwind for Commercial Real EstateSaturday, November 14th, 2026
-
The Great Climate Reevaluation – Affordability Trumped Environment in the 2026 MidtermsSaturday, November 7th, 2026
-
Challenge To FAA’s Drone Delivery Rule – What Commercial Real Estate Needs to KnowSaturday, October 31st, 2026
-
The Hidden Transaction Costs of Residential SolarSaturday, October 24th, 2026
-
Australia’s High Court Puts Scope 3 GHG Emissions Back on the U.S. Business Risk MapSaturday, October 17th, 2026
View by Month/Year
“Green Building Law Update” Headlines
Recent Articles & News from
Stuart Kaplow’s blog
at GreenBuildingLawUpdate.com
- Maryland’s New Recycling Tax? Packaging EPR Moves From Law to Reality September 27, 2026
- Exposomics – The New Environmental Risk That Will Change Real Estate September 20, 2026
- No Constitutional Right to Clean Drinking Water? Fifth Circuit Says Not So Fast September 13, 2026
- The Air We Share – Why Indoor Air Is Becoming a Real Estate Risk September 6, 2026
Subscribe to the Green Building Law Update!
Stuart Kaplow brings his expertise and extensive experience to the table with his unique digital publication, "Green Building Law Update". Subscribers receive regular updates to keep them informed about important issues surrounding Environmental Law, Green Building & Real Estate Law, as well as the emerging demand for Environmental Social Governance (ESG).
Get fresh content through the lense of Stuart Kaplow's cutting-edge expertise, innovative commentary and insider perspective. Don't miss another issue! Subscribe below.

North America’s Rising Water Costs – A New Fiscal Headwind for Commercial Real Estate
In 2026, North American water prices surged by 6.8%, outpacing the global average of 5.6%. This isn’t just a statistical blip; it’s a critical increase. Since 2011, U.S. water and sewer bills have grown twice as fast as consumer prices, hitting household and business budgets in real terms with a more than 62% increase that is part of the broader political debate over affordability.
For commercial real estate developers and the businesses that occupy those buildings, these escalating costs are no longer a footnote but a significant, often overlooked, challenge to operating expenses and asset value. This also affects residents, including multi family tenants whose water bills are their fastest increasing expense.
Of course, water bills vary widely across the U.S., and the least expensive service charged to a typical household (assuming 60,000 gallons of water use) is $285 in Taylorsville, Utah, but in Baltimore, with most recent increases, that bill is $2,004, and it was even higher in other places.
The Unseen Surge: North America’s Accelerating Water Costs
North America’s water utility inflation is now the highest globally, eclipsing even regions like Southeast Asia, which saw an average increase of just 2%. While global averages offer a broad view, local markets are experiencing far more dramatic shifts.
This unprecedented rate of increase demands closer scrutiny, particularly for those managing significant real estate portfolios where utility costs directly impact Net Operating Income.
Beyond the Average: Decoding Local Water Rate Spikes
While a 6.8% continent wide average increase is concerning, certain metropolitan areas face even steeper trajectories. Baltimore, for instance, recently approved a three year plan initiating a 9.66% increase in FY 2025, followed by 8.4% annually for FY 2026 and FY 2027. This translates to an increase roughly 43% higher than the North American average and a staggering 73% above the global rate.
While outliers exist, like Bishkek, Kyrgyzstan, with a 44.7% hike (.. a place I travelled to last year to climb Lenin Peak), the severity of Baltimore’s situation cannot be dismissed as an isolated anomaly. Cities like Tokyo, Beijing, Shanghai, and New Delhi, notably, saw no increase in water rates this year, highlighting the unique pressures facing North American utilities.
The Unintended Consequences: Mandates, Mismanagement, and Missing Revenue
Several factors converge to drive these local spikes:
- Costly Compliance Obligations: In Baltimore, the primary driver is a 2002 consent decree with the U.S. EPA and Maryland regulators, mandating billions in sewer system improvements. While aimed at Clean Water Act compliance, the city is widely alleged to have negotiated a poor deal without secured federal funding, leaving ratepayers to bear the brunt. Similarly, Honolulu is “redesigning” rates to fund a $10.1 billion investment, including federally mandated wastewater treatment upgrades.
- Systemic Mismanagement: Beyond mandates, operational inefficiencies exacerbate the problem. Baltimore City’s metropolitan district water system faces criticism for systemic mismanagement, particularly in collections. Current laws that prevent water charges from being included in rent calculations for most landlord tenant actions or from being tied to tax lien sales create significant revenue holes.
- Water Bankruptcy: The point at which a community’s dependable water demand persistently exceeds its available supply, and infrastructure, reservoirs, and other reserves can no longer reliably bridge the gap. We recently blogged Water Bankruptcy – Puerto Rico’s Severe Water Crisis and Rationing | Green Building Law Update
- Conservation Paradox: Ironically, successful conservation efforts can also contribute to rate increases. Salt Lake City saw summer water demand fall nearly 20% since 2021. Relying on high volume users priced below cost, this reduced usage created revenue gaps that drove rates upward to maintain system viability.
Structural Pressures: Infrastructure, Conservation, and Changing Demand
The fundamental drivers are multifaceted:
- Aging Infrastructure: Across North America, utilities face the cost of replacing century old pipes and upgrading treatment plants. The EPA estimates $625 billion is needed for drinking water upgrades over two decades, a figure the American Water Works Association places closer to $1 trillion. These investments are nonnegotiable but expensive.
- Evolving Demand Profiles: Beyond traditional usage, new industrial demands are emerging. The North American data center sector alone consumed 17 billion gallons in 2025, projected to double by 2030, driven by A.I. and 5G, but this surge will actually drop on a per facility basis as new buildings recycle water used for evaporative cooling.
- Affordability Concerns: The burden of these rising costs disproportionately falls on older cities with low income populations. In places like Baltimore, Cleveland, and Detroit, water bills can consume over 8% of low income household income, far in excess of any threshold for severe financial burden. This growing affordability crisis hints at future policy interventions that could further complicate utility rate structures.
- Clean Drinking Water: Significantly, we have recently blogged that there is No Constitutional Right to Clean Drinking Water? Fifth Circuit Says Not So Fast | Green Building Law Update. And that blog touches on the issue of clean drinking water, something beyond the scope of this post, but a very real issue in many communities
Recent Attacks and Cyber Threats on U.S. Water Systems
U.S. water and wastewater systems face escalating cyber threats, particularly from state sponsored and affiliated hacktivist groups. In July and August 2026, foreign hackers targeted water and wastewater utilities across more than 30 communities in at least 12 states. Beyond human safety, there are financial and business risks that result in heavy recovery and upgrade costs for local governments.
Navigating the Rising Tide: Practical Strategies for Commercial Real Estate
For commercial real estate developers and property managers, rising water costs are no longer a peripheral concern. They directly erode NOI and depress asset valuations. Water efficiency and strategic cost management are becoming as critical as energy management.
And this is a relatively new and self made American problem. The first public well serving New York City was dug in 1677, but the city did not install water meters or start charging for water until the 1980s, contributing to 300 years as the global hub.
Maybe not entirely constructive, but the total volume of water on Earth remains relatively stable for practical day to day and geological purposes, so if we have the same amount of water we have always had, why is North America seeing this dramatic increase in pricing?
A proactive approach may be necessary. Diligent water management may be able to unlock significant value. Analyzing usage patterns, investing in smart metering, identifying and promptly repairing leaks, and implementing water efficient fixtures are no longer merely “green” initiatives; they are financially imperative. Understanding local utility rate structures and regulatory drivers will be crucial for due diligence and long term asset planning, including separate metering and billing tenants for water.
Clear Takeaway: Water costs are rapidly escalating across North America, faster than in any other region on the globe, due to a confluence of regulatory mandates, operational challenges, new demands, and aging infrastructure. For government providers of potable water, this means more water delivered and changing peak hours. For commercial real estate, this translates directly into higher operating expenses and reduced asset value. Proactive water management, from separate user water meters and submeters to strategic consumption analysis, is no longer optional but a critical component of preserving profitability and competitiveness.




