Power is not the only thing a data center can run out of.

Who regulates: ADECA Office of Water Resources (OWR) for withdrawal registration; ADEM handles separate matters such as NPDES/wastewater discharge and air permits.

How a new large user gets water: A facility with the capacity to withdraw 100,000 gallons/day or more (threshold read directly from ADECA's own water-management page) must file a Declaration of Beneficial Use with OWR, one per withdrawal/diversion point (separate forms for surface water and groundwater). OWR then issues a Certificate of Use (not a permit) listing the registered withdrawal points; certificate holders must report actual withdrawal, diversion and consumption volumes to OWR annually. All public water systems must register regardless of volume. Filing is through OWR's 'eWater' portal. A user must separately coordinate with ADEM and/or the US Army Corps of Engineers as applicable; OWR registration does not substitute for those. The underlying statute (Code of Alabama Title 9, Chapter 10B) and administrative rule (ADECA Admin Code Ch. 305-7-9) were cited in search summaries, not opened in full text.

Data centers: No Alabama-specific water statute or regulation aimed at data centers was found, and no 2026-session bill creating one (this was not an exhaustive legislative search). Local water-capacity friction is emerging as a real issue: Rogersville's water board (Lauderdale County, TVA territory) has stopped issuing new construction water meters because the system is at capacity, citing data-center speculation, even though no company has confirmed concrete plans there.

Checked 2026-11-02 · medium confidence. Sources: ADECA: Water Management · Alabama Administrative Code Ch. 305-7-9, Water Use Reporting Program (not opened in full) · WAFF: Rogersville considering pause on data center development as water system hits capacity

Who regulates: Arkansas Natural Resources Commission / Natural Resources Division (part of the Arkansas Department of Agriculture)

How a new large user gets water: Read directly from the Commission's own fact sheet: Act 81 of 1957 requires annual registration of all surface-water diversions above 1 acre-foot/year (325,851 gal/yr); Act 1051 of 1985 requires annual registration of all non-domestic groundwater withdrawals from wells with a maximum potential flow rate of 50,000 gallons/day or more (reporting window Oct 1-Mar 1, 0/yr fee per Act 154 of 1991). A new large user registers and pays the fee -- there is no permit-to-use step unless the well falls inside a Commission-designated Critical Ground Water Area, where Act 154 lets the Commission require a water right; outside such areas there is no cap on withdrawal and no approval/denial step.

Data centers: No Arkansas data-center-specific water statute, rule, or pending bill found.

Checked 2026-11-06. Sources: Arkansas Natural Resources Commission: Water-use Registration Program fact sheet (Act 81/1051/154) · Arkansas Dept. of Agriculture, Natural Resources Division: Water Use Registration (non-agricultural usage)

Who regulates: Arizona Department of Water Resources (ADWR)

How a new large user gets water: Inside Active Management Areas (Phoenix, Prescott, Tucson, Pinal, Santa Cruz, Douglas, Willcox) groundwater use is restricted and large users typically rely on a designated provider or existing grandfathered rights. Rural groundwater outside AMAs is largely unregulated. Not confirmed from ADWR pages (403). UPDATE (2026-11-01): KJZZ reports a Morrison Institute (2025) study found at least nine Arizona water utilities have adopted their own 'large-volume water user' ordinances that impose added conditions on their biggest customers generally -- not data-center-specific, and the article does not name the utilities or the conditions. Checked while researching a NeoTeo piece on Phoenix data-center water estimates; that piece's own underlying figure (a Ceres study projecting a national/regional rise to 14.5B gal/yr at power plants) is not Phoenix-specific and was not added here as not citable to a concrete AZ number.

Data centers: No enacted AZ water law on data centers found. Cooling-water caps HB 2467 and HB 2820, audit bill HB 2738 all failed per WSWC report (June 2026).

Checked 2026-11-01 · low confidence. Sources: KJZZ (news, last resort): What is an AMA · WSWC Data Centers Topical Report June 1 2026 · KJZZ: Arizona data centers drive up water demand, but not the way you might think

Who regulates: California State Water Resources Control Board (water rights, generally); California Energy Commission (CEC) and local land-use agencies for the new data-center reporting laws.

How a new large user gets water: Not researched this cycle beyond the data-center-specific laws below.

Data centers: Gov. Newsom signed a package of seven data-center bills on Sept 21, 2026 (date read directly from the Ballard Spahr legal alert; leginfo.legislature.ca.gov itself returned 403 on three direct attempts this cycle -- billTextClient, billHistoryClient and billStatusClient URLs for AB 1577 -- so the Legislature's own bill-status page could not be reached and this is sourced to secondary legal-alert/news coverage instead, as noted in each source below). AB 1577 (Bauer-Kahan) as enacted is described by the Ballard Spahr alert as an ENERGY reporting bill: data centers with 10kW+ load must report location/size, power usage effectiveness, and onsite-generator fuel use to the CEC, and disclose expected annual energy consumption and sound levels to local land-use agencies when seeking discretionary approval -- the alert does not describe a water-reporting duty under the enacted AB 1577. (Note: an April 8, 2026 Assembly Utilities & Energy Committee analysis of an earlier amended version of AB 1577, read directly, did include monthly water-consumption and 'water usage effectiveness' reporting to the CEC -- that appears to have been narrowed out of AB 1577 and moved to companion bills by enactment.) The water-specific pieces of the Sept 21 package are AB 2469 and AB 2619 (per BHFS and WaterWorld, not independently read): proposed data centers must disclose to local governments/water suppliers their water consumption, available water supply, water-efficiency measures and drought planning, assess impacts on local supply, and pay for any needed system upgrades.

Checked 2026-11-01 · medium confidence. Sources: Assembly Utilities and Energy Committee analysis of AB 1577 (Bauer-Kahan), April 8, 2026 hearing (PDF) · Ballard Spahr: California Signs Sweeping Data Center Energy Laws · Brownstein Hyatt Farber Schreck: What California's New Data Center Laws Mean for Developers and Operators · WaterWorld: California enacts new water disclosure requirements for data centers

Who regulates: Division of Water Resources / State Engineer; Colorado Ground Water Commission (Designated Basins); water courts for decrees

How a new large user gets water: No new data-center-specific path. Usually buy water from a municipal/district provider or acquire and change an existing right via water court. New wells need a State Engineer permit; Designated Basins (8, eastern plains) are permitted by the Ground Water Commission.

Data centers: No enacted Colorado data-center-specific water law. Both 2026 session bills died: HB26-1030 (Colorado Data Center Development Authority + 100% sales/use tax exemption on qualified purchases for 20 years) was postponed indefinitely by the House Energy and Environment Committee 11-2 on May 7, 2026; its Senate companion SB26-102 (would have set 30MW single-facility / 60MW combined "large-load" data-center thresholds, required DPHE electricity/water-use reporting starting 2028, and other requirements) was postponed indefinitely by the Senate Transportation & Energy Committee on May 11, 2026 after an earlier amendment failed in committee Mar 18, 2026. Local moratoria exist (Denver, Logan, Larimer) per news.

Checked 2026-11-06 · medium confidence. Sources: CSU Water Knowledge - Groundwater Rights · WSWC Data Centers Topical Report June 1 2026 · BillSponsor: Colorado SB26-102 (2026) full history · Colorado Newsline: Both Colorado data center bills rejected in final days of 2026 legislative session

Who regulates: Connecticut Department of Energy and Environmental Protection (DEEP).

How a new large user gets water: A new large water user generally needs a DEEP diversion permit. Individual permits require DEEP to find the diversion 'necessary,' consistent with the state's long-range water resource plan, and not harmful to the environment or other water users; individual permits run up to 25 years. Lower-impact cases (e.g. withdrawals up to 250,000 gallons/day from surface water or an aquifer) can instead use a general permit under SS22a-378a ('authorization required'). The annual fee for a consumptive-use permit is $750 (SS22a-379). This run relied on search-engine-extracted content from DEEP's own fact sheets and public-notice pages, not a personally verified full-text fetch of the statute itself, so confidence is MEDIUM rather than HIGH.

Data centers: No Connecticut data-center-specific water rule found. A separate, more developed state track exists for electric-load tariffs (HB 5469, the colocated-large-load bill) but no water-specific data-center law or bill was identified this cycle; a CBIA (business lobby) reference to a pending bill that would newly require some existing large users to get DEEP diversion permits is general large-water-user legislation, not data-center-specific, and was not independently confirmed as to session/year.

Checked 2026-11-05 · medium confidence. Sources: CT DEEP: Water Diversion Policy Act permitting (fact sheet/public-notice pages)

Who regulates: Florida Dept. of Environmental Protection (DEP), which has general supervisory authority (s. 373.016(3)), plus the 5 regional water management districts (South Florida, St. Johns River, Southwest Florida, Suwannee River, Northwest Florida WMDs), which actually issue CUPs under s. 373.219(1) and their own rules (e.g. Fla. Admin. Code Ch. 62-41, 40C-2, 40E-2).

How a new large user gets water: A new large user applies for an Individual CUP from the water management district covering its site once use exceeds the district's permitting threshold (thresholds and exact application forms are set district-by-district; the 100,000 gallons/day figure recurs across districts for individual-permit review versus a general/no-notice permit for smaller use, but this run did not open a specific district's current threshold table). The applicant must show the withdrawal is reasonable-beneficial (an amount necessary for economic and efficient use, for a reasonable purpose), will not interfere with existing legal users, and is consistent with the public interest; districts may add criteria such as not causing harm to water resources or minimum flows/levels. Not independently read from a specific WMD's rule text this cycle -- the doctrine and process above come from a secondary synthesis of Florida Administrative Code citations (Cornell Law's mirror of Fla. Admin. Code R. 62-40.410 and 40C-2.301), not DEP's or a WMD's own page read directly.

Data centers: SB 484 (Ch. 2026-65, signed by Gov. DeSantis May 7, 2026, most provisions effective July 1, 2026; the land-use-authority provisions took effect immediately on signing). Read directly from the Governor's own press release (flgov.com): it creates a dedicated CUP review process for large-scale data centers, requires water management districts/DEP to deny a CUP to a large-scale data center where the proposed use would be harmful to the water resources of the area, allows/promotes reclaimed water as part of that permitting process, requires a major modification to be treated as a new application, and explicitly preserves local government zoning/permitting/land-use authority -- a locality may set stricter standards or reject a data center project outright. News coverage (DataCenterDynamics, GovTech, Fox35/Fox13, Broadband Breakfast) adds detail not confirmed directly from the primary text: a reported 50MW monthly-peak-load threshold for the reclaimed-water/conservation-plan/public-meeting requirements, a 100,000-gallons/day threshold triggering additional disclosure and a hearing, a bar on shifting data-center infrastructure costs to residential/small-business ratepayers, and a required OPPAGA study due 2027-07-01. The enrolled bill text itself (flsenate.gov) was not opened this cycle.

Checked 2026-11-05 · medium confidence. Sources: Florida Governor's Office: Governor DeSantis signs data center regulations (SB 484) -- read directly · DataCenterDynamics: Florida enacts data center law covering ratepayer protections, water use, and local zoning powers · GovTech: Florida bill creates data center guardrails for state · Cornell Law (Fla. Admin. Code mirror): Rule 62-40.410, Water Supply Protection and Management

Who regulates: Iowa Department of Natural Resources (DNR)

How a new large user gets water: A new large industrial water user applies to Iowa DNR for a water-use permit once it crosses the 25,000 gallons/day threshold (confirmed by direct read of IAC 567-50.4, not just the secondhand DNR-geologist quote this was previously sourced to). Many Iowa data centers instead rely on a municipal water utility (e.g. West Des Moines Water Works), whose own permit then governs the aggregate draw.

Data centers: No Iowa-specific data center water statute was found; the legislature reportedly rejected a bill that would have required DNR to individually assess aquifer sustainability per withdrawal request (reported, not independently read). Jordan Aquifer rule, now read directly at IAC 567-50.11(2): Jordan aquifer water-use permits are issued on a five-year cycle (567-50.11(2)"d"), and new water withdrawals for industrial or power-generation use at a single plant location may not exceed 2,000 gpm (567-50.11(2)"b" -- the prior Sierra-Club-newsletter figure is confirmed correct). Palo's new EU-1 zoning ordinance (see docs/data/local-ordinances/IA.json) explicitly defers all water oversight to Iowa DNR rather than setting an independent local standard -- criticized by residents as inadequate. Microsoft's West Des Moines campuses use 2-7% of monthly water pumped by West Des Moines Water Works, peaking at ~11.5 million gallons/month (~6% of peak summer use); the utility imposed lawn-watering bans amid 2025-2026 drought stress and reportedly told Microsoft in 2023 it would only accept additional data centers if peak water use were significantly reduced. Microsoft says newer buildings use 'zero-water' cooling technology. UPDATE (2026-11-02, reported via Radio Iowa/aggregator): at an Oct. 22, 2026 public open house for Google's proposed Palo campus, Google gave new detail on jobs, taxes and construction but left water consumption and electricity demand unresolved -- no water study has been completed or released for the Palo site; see docs/data/planned-project-water.json for the project's own reported water figure.

Checked 2026-11-02. Sources: Iowa Administrative Code 567, Chapter 50 (Water Use Permits) -- read directly, rules 50.4 and 50.11(2) · Axios Des Moines: West Des Moines, insurance, finance, new industries, data center (Microsoft water-use figures) · KCRG: Palo data center ordinance defers water oversight to Iowa DNR

Who regulates: Idaho Department of Water Resources (IDWR), which processes permit applications, issues permits/licenses, and decides protests

How a new large user gets water: Read directly, idwr.idaho.gov: a new large user files a permit application and fee with IDWR; staff do a completeness review; IDWR publishes notice in the county newspaper of the point of diversion, and others may protest within 10 days of the second notice; unresolved protests go to a hearing (a hearing officer's recommended order, then a final order from the IDWR director), which can take months to years; once a permit issues it sets a deadline to complete the appropriation, after which the holder files proof of beneficial use (confirmed by a field exam) and IDWR issues a license. An application seeking more than IDWR's typical benchmark rates must document the need. An application with no protests and no problems takes about 3 months.

Data centers: Idaho HB 895 (2026 session, Session Law Chapter 291; read directly from the Idaho Legislature's own bill page), signed Apr 2, 2026 and effective Jul 1, 2026, adds limitations on data centers' consumptive water use for cooling and directs IDWR to weigh the bill's legislative findings when evaluating new water rights for data centers; it passed the House 58-10-2 and the Senate 32-1-2. Secondary coverage (Idaho Capital Sun, Idaho Conservation League -- not independently opened this cycle) describes the core rule as: new data centers must be non-consumptive (e.g. closed-loop cooling) or must contract with existing Idaho water-right holders for supply, unless served by a municipal/public system. The full statute text and the IDWR implementation approach were not opened this cycle. Separately, Idaho Power's Schedule 20 and 2026's Idaho Code 61-335 large-load contract law (see this state's tariff entry) are not water-specific but govern the same large data center loads.

Checked 2026-11-04 · medium confidence. Sources: IDWR: Water Rights (process overview) · Idaho Legislature: H0895 (2026) bill page

Who regulates: No single state agency issues a water-rights permit for a new large user; Illinois State Water Survey (ISWS) and Illinois Dept. of Natural Resources study/advise, and the Water Use Act lets Soil and Water Conservation Districts recommend emergency withdrawal restrictions. Not confirmed from a state agency's own permitting page.

How a new large user gets water: No general water-rights permit regime for a new large user was found; a new user typically contracts with a municipal/regional water utility or drills a well under the Water Use Act's reasonable-use rule. The Act requires notice of planned withdrawals above 100,000 gpd (agricultural, irrigation and domestic uses exempt); Lake Michigan diversions are separately capped and allocated under the Great Lakes Compact/US Supreme Court decree, not this Act.

Data centers: No Illinois data-center-specific water statute or permit found this cycle.

Checked 2026-10-31 · medium confidence. Sources: ISWS: Illinois Ground Water Law (PDF) · farmdoc illinois: Using Groundwater (summary of the Water Use Act of 1983)

Who regulates: Indiana Department of Natural Resources (DNR), Water Rights and Use Section; Natural Resources Commission.

How a new large user gets water: Get water from a municipal utility, or register a significant water withdrawal facility (capable of withdrawing more than 100,000 gpd) within three months of completion and report annually (IC 14-25-7). Registration page describes no capacity permit.

Data centers: No enacted data-center water law found. HB 1043 (2026; DNR permit for data centers using 10M+ gal/month) was referred to House Natural Resources; HEC said 2/5/26 it got no hearing and had no clear path. Governor's statewide water inventory/plan reported due end of 2026 (search result only, not opened).

Checked 2026-10-28 · medium confidence. Sources: Indiana DNR - Significant Water Withdrawal Facility Registration · HEC - HB 1043 Data Center Water Regulation · The Reporter - Burton data center water permit bill (news, last resort)

Who regulates: Kansas Department of Agriculture, Division of Water Resources (DWR), under the Chief Engineer.

How a new large user gets water: A new large (non-municipal-supply) industrial water user must apply for and obtain a Permit to Appropriate Water for Beneficial Use (DWR Form 1-100, filing fee required) before diverting water, unless it purchases treated water from an existing public supplier (a city or rural water district), in which case no separate DWR permit is needed by the end user. The Chief Engineer must deny a new permit application if the proposed use would impair existing water rights. New groundwater permits are unavailable in areas administratively 'closed' to new appropriation (common in western-Kansas groundwater management districts); there, the only path is to buy an existing water right and apply to change its use, place of use, or point of diversion, with the converted quantity capped at the original right's historical consumptive use. Once granted, a permit must be perfected by actually diverting and using the water for the authorized purpose within a set period, after which DWR issues a Certificate of Appropriation specifying the perfected amount.

Data centers: None confirmed directly. Search coverage referenced a DWR 'data center FAQ' (reportedly May 2026) classifying data-center cooling water as industrial use, but DWR's own site (agriculture.ks.gov) returned HTTP 403 on every attempt to open it, so this could not be verified firsthand. Locally, Finney County's April 2026 special-use-permit attachment for data centers requires a water-use feasibility study as a county (not state) requirement, and Butler County's pending Resolution 26-40 (read directly) would require a water-use feasibility study and mandate closed-loop cooling as a local zoning condition, not a state water-law requirement.

Checked 2026-11-03 · medium confidence. Sources: Foulston Siefkin LLP -- Water Rights · Kansas DWR -- Water Appropriation (exists but returned HTTP 403 on every attempt; not opened)

Who regulates: Kentucky Energy and Environment Cabinet (EEC), Department for Environmental Protection, Division of Water

How a new large user gets water: Read directly, Kentucky Revised Statutes and Kentucky Administrative Regulations: KRS 151.140 prohibits any person, business, industry, city, county, water district or other political subdivision from withdrawing, diverting or transferring public water from a stream, lake, groundwater source or other body of water without a permit from the cabinet, with exceptions for farm/household use (including irrigation), withdrawals below the regulatory threshold, water used by steam-generating plants of PSC-regulated/certificated utilities, and water injected underground in oil/gas production. 401 KAR 4:010 sets that threshold at an average withdrawal rate of more than 10,000 gallons per day (surface water, springs or groundwater); a withdrawal at or below that constant rate needs no permit, while an irregular withdrawal may still need one if it represents a significant share of the available supply or if the data is needed for water-resource planning. A permit issued more than six months before its effective date must include a project financing plan, a project schedule from funding approval to the start of withdrawals, and quarterly status reports. All permittees must record and report withdrawals (monthly, on DEP 0056/DEP 8058, or more often if the division requires it for impact, planning or data reasons). A data center's cooling-water withdrawal of more than 10,000 gal/day -- a low bar most qualifying projects under this routine's threshold would clear many times over -- would need a Division of Water withdrawal permit; neither statute nor regulation describes a separate or heightened process for a large industrial or data-center user.

Data centers: No enacted Kentucky statute or regulation is water-specific to data centers. HB 856 (introduced March 3, 2026) would have required data center operators to submit a water-feasibility study to the cabinet before operating and report annual water use (including cooling); it was referred to the House Natural Resources & Energy committee March 10, 2026 and did not pass before the session closed April 15, 2026. SB 319, which would have required water/energy-efficiency consultation with local officials as a condition of state tax-exemption agreements, was referred to committee March 2, 2026 and likewise did not pass. Separately (not a water-specific rule), Gov. Beshear's Aug. 6, 2026 executive order requires data-center developers to submit an energy plan to the EEC and directs the PSC to prevent utilities from shifting data-center-driven costs to other ratepayers; it does not impose a water-specific requirement.

Checked 2026-11-03. Sources: Kentucky Revised Statutes KRS 151.140 (water withdrawal permit requirement), read directly via FindLaw · 401 KAR 4:010 (water withdrawal permit criteria and reporting), read directly, Kentucky LRC · WKMS/WKYU: Kentucky data center regulations stripped from bill as legislative session closes

Who regulates: No single regulator. Candidates by water type/area: the Louisiana Office of Conservation (Dept. of Energy and Natural Resources) for designated critical groundwater areas; the Capital Area Ground Water Conservation Commission for groundwater in Capital Region parishes; the Sparta Groundwater Conservation District Commission for the Sparta Aquifer parishes in north Louisiana (relevant to the Caddo/Bossier/Shreveport data-center cluster); no dedicated statewide surface-water-withdrawal permitting regulator currently exists.

How a new large user gets water: Surface water: draw rights flow from riparian land ownership under the Civil Code; there is currently no statewide surface-water withdrawal permit requirement (a pending 2026 bill, HB1209, would create one; not confirmed passed). Groundwater outside a designated commission/critical area: effectively unregulated at the state level beyond standard well-driller licensing, with no permit or registration required purely by volume. Groundwater inside a CAGWCC-jurisdiction parish: a well expected to produce 50,000 gallons/day or more requires a CAGWCC permit, with plans ideally filed about 30 days ahead (figure from a secondary mirror of the Louisiana Administrative Code Title 56, Part V; the primary text returned 403/410 on direct fetch and was not independently opened). Groundwater inside a declared 'critical ground water area' (e.g., the Sparta Aquifer parishes, declared 2004-2005): no outright permit, but monthly usage reporting is required above a stated threshold for non-domestic wells (sourced to older compliance-report summaries, not the current order text).

Data centers: HB1206 (Rep. Joy Walters), read directly on the Louisiana Legislature's own site (legis.la.gov), is titled 'WATER/DRINKING WATER: Provides relative to permitting and reporting of water usage at data centers,' shown as 'Pending House Natural Resources - Considered 4/28/26.' Secondary reporting (not independently verified) describes the committee deferring it 11-0 on that date and a substitute version that would have the Dept. of Energy and Conservation oversee data-center water withdrawals above 100 million gallons/year. Related, not data-center-specific bills found on the legislature's site but not opened: HR20 (Caddo Lake industrial water-use study), HB1209 (general surface-water withdrawal framework), HB599 (bars selling Louisiana surface water out of state), HR315 (groundwater-conservation-district study for the Chicot, Southern Hills and Mississippi aquifers).

Checked 2026-11-02 · medium confidence. Sources: Louisiana Legislature: HB1206 bill information · Regulations.Justia: Louisiana Administrative Code Title 56, Part V (Capital Area Ground Water Conservation Commission) -- not opened directly, 403/410 on fetch · Justia: Louisiana Revised Statutes 9:1104, 2012 edition (not opened directly)

Who regulates: Massachusetts Department of Environmental Protection (MassDEP).

How a new large user gets water: Any new water withdrawal over 100,000 gallons/day requires a Water Management Act ('WM-03') permit from MassDEP; MEPA environmental review is also triggered at the same 100,000 gallons/day threshold for new withdrawals, including volume increases at existing sources. Permits can run up to 20 years. This run could not get a direct fetch of mass.gov's own WM-03 program page (consistent HTTP 403 on repeated attempts) or the statute page, so this rests on search-engine-extracted snippets of the official text plus one trade-press secondary source, not a page personally opened and read in full -- confidence MEDIUM, not HIGH.

Data centers: No MA-specific data-center water permit track was found; a large new data center would go through the same generic WM-03 process as any other large industrial water user (MassDEP's published WM-03 decisions include renewals/transfers for industrial users, but none found for a data center specifically). Gov. Healey's Executive Order 658 (signed Sept 8, 2026, per secondary trade-press coverage, not independently opened) separately requires data centers over 25MW peak demand to show compliance with 'applicable state water, wastewater, and stormwater requirements' as a state-permitting condition, and reportedly directs MassDEP to publish municipal guidance for evaluating data center water/wastewater/stormwater impacts by Dec. 31, 2026 -- this is a permitting-process directive layered on the existing WM-03 regime, not a new water rule of its own.

Checked 2026-11-05 · medium confidence. Sources: Mass.gov: WM-03 Water Management Act withdrawal permits

Who regulates: Maryland Department of the Environment (MDE), Water and Science Administration

How a new large user gets water: Any new withdrawal from state surface or groundwater requires an MDE Water Appropriation and Use Permit (valid up to 12 years, no application fee, ~18-month typical approval time per Maryland OneStop). MDE's own 'Water Appropriations or Use Permits' page (read directly) states the review standard as 'reasonable for the stated purpose' with 'no unreasonable impact on the resource or other users.'

Data centers: MDE's own Data Centers page (read directly) states there is no separate data-center-specific water-permit category: a data center needing cooling water must get a standard appropriation permit with explicit withdrawal limits, OR draw from a local utility operating under that utility's own existing permit. Per a July 29 2026 MDE briefing to Baltimore County staff (REPORTED, via a secondary summary of the briefing, not the briefing document itself): as of mid-2026 MDE had not yet issued any standalone appropriation permit specifically to a data center; large data-center water needs so far have been met via a county's existing appropriation (e.g. Quantum Frederick) or reclaimed wastewater. Executive Order 01.01.2026.16 ('Responsible Data Center' framework, Gov. Wes Moore, reported Sept 23-24 2026; the signed order text itself was not independently opened, so this part is REPORTED/secondary, not HIGH) reportedly applies to new data-center development of ≥25MW projected demand, creates a Data Center Accountability Task Force (confirmed via the Maryland State Archives manual page, read directly) and a public monthly Data Center Dashboard (not yet found live), and directs MDE to require proof of adequate water availability without harming existing users.

Checked 2026-11-01. Sources: MDE: Water Appropriations or Use Permits · MDE: Data Centers · Maryland Manual (State Archives): Maryland Data Center Accountability Task Force

Who regulates: Maine Department of Environmental Protection (DEP), Bureau of Land and Water Quality.

How a new large user gets water: Under Site Law, DEP must review, and can require a permit for, developments that may substantially affect the environment (a commonly-cited practical trigger is projects over 20 acres, per a secondary legal summary, not independently verified against the statute's exact acreage language); review weighs a proposed groundwater withdrawal's effect on state waters, on existing nearby users/wells, and cumulative effects with existing withdrawals, and substitutes for a separate Stormwater Management Law permit. Separately, the Water Withdrawal Reporting Program requires filing (confirmed directly from the Legislature's own current page for 38 M.R.S. S470-D, which shows no repeal and the most recent amendment as PL 2011 c.657) once withdrawals cross 20,000 gallons/day from a river/stream/brook or adjacent groundwater (lower, percentage-based threshold if the watershed exceeds 75 sq mi), or 50,000 gallons/day for groundwater more than 500 feet from surface water; filed reports are confidential, not public records. No fee to file.

Data centers: No Maine data-center-specific water statute or bill was found. LD 307 (the 20MW data-center moratorium bill) addressed electricity/permitting, not water; it passed both chambers but was vetoed by Gov. Mills on 2026-04-24, and the Legislature failed to override 2026-04-29. Water has come up only in local debate (developer claims at Jay that a data center would use 'far less water than the paper mill' it replaces, unverified; Scarborough councilors citing marsh/water-supply concerns; Wiscasset's disputed load estimate raising grid, not water, concerns) and in disputed developer marketing claims (e.g., Loring LiquidCool's 'zero water' immersion-cooling claim, not independently verified against an engineering filing).

Checked 2026-11-06 · medium confidence. Sources: Maine DEP: Site Location of Development Act ('Site Law') · Maine Legislature: 38 M.R.S. S470-D, Water Withdrawal Reporting Program (current text)

Who regulates: Michigan Dept. of Environment, Great Lakes, and Energy (EGLE), Water Use Program.

How a new large user gets water: Municipal supply, or a new large quantity withdrawal (over 100,000 gpd capacity) run through the Water Withdrawal Assessment Tool and registered; failing the tool goes to EGLE site-specific review. Over 2 MGD needs a Part 327 permit. (EGLE pages returned 403; taken from search summaries.)

Data centers: No enacted data-center water law found. Pending, not passed (news only): Senate package of 6/18/26 incl. SB 1046 (consumptive-use permits/hearings; reported 550,000 gpd trigger, 2 MGD cap), SB 762 annual water/energy reports; House HB 6138 and HB 6265. Status from bill trackers/news, not legislature site.

Checked 2026-10-28 · low confidence. Sources: Michigan Public - New data center regulations proposed in Senate (news, last resort)

Who regulates: Minnesota Department of Natural Resources (DNR), Division of Ecological and Water Resources / Waters

How a new large user gets water: A new large water user applies to DNR for a water-use appropriation permit once it crosses the 10,000 gal/day or 1,000,000 gal/year threshold. Many data centers instead draw from a municipal water system, which may trigger the data-center-specific conditions below if volume is large enough even though the data center itself never applies directly. Read directly from Minn. Stat. 103G.271, subd. 5b, via revisor.mn.gov.

Data centers: Minn. Stat. 103G.271, subd. 5b (read directly) applies to new/modified water-use permits for a 'data center' (statutory term) where proposed new/additional consumptive use exceeds 100,000,000 gallons/year, and to existing permits where the permittee will supply more than 100,000,000 gallons/year to a data center. For those, DNR must ensure public health/safety/welfare is adequately protected, that water-conservation and efficient-use measures were considered (efficient fixtures, water recycling, reclaimed water, closed-loop systems), and that conflicts are addressed under Minn. Rules pt. 6115.0740; the commissioner must require an aquifer test under Minn. Stat. 103G.287 if needed to confirm the public-health/safety/welfare condition. Minn. Stat. 103G.265, subd. 5 (not independently read; MEDIUM confidence from a search snippet) reportedly lets DNR engage with a data-center developer before a formal application when expected use exceeds 100,000,000 gallons/year. Permit application/reporting fees reportedly increased effective Jan 1, 2026 (Minnesota Reformer, not independently read).

Checked 2026-11-01. Sources: Minnesota Revisor of Statutes: Minn. Stat. 103G.271, subd. 5b (read directly) · Axios: Microsoft's West Des Moines water use context (cross-state comparison; Minnesota DNR permit threshold corroboration)

Who regulates: Missouri Department of Natural Resources (DNR), Division of Geology & Land Survey / Water Resources Center

How a new large user gets water: Read directly, Revisor of Statutes: RSMo 256.400 defines a 'major water user' as anyone with equipment able to withdraw 100,000 gallons/day or more from any water source; RSMo 256.410 requires a major user to file an annual registration (Jan 1-Mar 31) before withdrawing. DNR's own fact sheet separately states a practical registration trigger of 70 gallons/minute (about 100,800 gal/day, roughly consistent). There is no permit denial/approval step for an ordinary new large user -- it is registration and reporting only, not a permit-to-use system. A separate 2025 law (SB 82, Water Preservation Act, RSMo 640.406, read directly) requires a DNR permit only to export water out of state; it exempts use within 30 miles of Missouri's border and bottled/single-container water, so it does not bind an ordinary in-state data center withdrawal.

Data centers: No enacted Missouri water law is data-center-specific. Several 2026 bills died without a hearing or vote before the session ended May 15, 2026, including HB 2239 (would have mandated closed-loop/low-water cooling at 100MW+ with annual DNR reports), a DNR-permit-for-large-water-users package, HB 3364 (DNR permit review for major industrial water users), and HB 3390 (utility impact-fee bar).

Checked 2026-11-02. Sources: Missouri DNR: A Summary of Missouri Water Laws (pub1350) · Revisor of Statutes: RSMo 256.400 (major water user, definitions) · Revisor of Statutes: RSMo 256.410 (major water user registration) · Missouri DNR: water export permit (RSMo 640.406)

Who regulates: Mississippi Department of Environmental Quality (MDEQ), acting through its Permit Board and the Commission on Environmental Quality

How a new large user gets water: Read directly, 11 Miss. Admin. Code Pt. 7, Ch. 1, Rule 1.2.A (via Cornell Law's regulations mirror): no person may use water without first obtaining a Permit Board permit unless specifically exempted by statute or the regulation itself. Rule 1.4.A's exemptions are narrow -- only single-household domestic wells and wells with a surface-casing diameter under 6 inches -- so an industrial-scale well needs a permit regardless of volume. Rule 1.4.D, also read directly, separately bars any once-through, non-contact cooling-water use above 20,000 gallons/day anywhere in the state without Permit Board approval, which bears directly on data-center cooling. Miss. Code Ann. Section 51-3-7 (read via a secondary source, Justia, after a direct fetch for that statute section returned a 403) lets the Permit Board require permits for withdrawals of 20,000 gallons/day or more once the Commission has declared a 'water use caution area.'

Data centers: No enacted Mississippi water law is data-center-specific. SB 3410 (reported signed by the Governor April 8, 2026, bill text not independently opened) authorizes the City of Brandon and the West Rankin Utility Authority to enter water/wastewater infrastructure agreements with data-center developers.

Checked 2026-11-02. Sources: 11 Miss. Code R. Section 7-1.2 (Permitting), via Cornell Law regulations mirror · 11 Miss. Code R. Section 7-1.4 (Groundwater Withdrawals), via Cornell Law regulations mirror · Miss. Code Ann. Section 51-3-7, via Justia · MDEQ: Water Availability and Use permit forms

Who regulates: Montana Department of Natural Resources and Conservation (DNRC), administering the Montana Water Use Act of 1973; Montana DEQ separately regulates wastewater discharge and air permits tied to data center power/cooling

How a new large user gets water: Read directly, DNRC 'Water Rights Permitting Criteria and Process' guide: a new user applies to DNRC, which evaluates six statutory criteria (physical availability, legal availability, no adverse effect on senior/prior appropriators, adequacy of the diversion/conveyance system, beneficial use without waste, and a possessory interest in the place of use). DNRC issues a draft Preliminary Determination within 60 days (if a pre-application meeting was held) or 120 days; for applications received on or after Jan 1, 2024, an objection period opens only if a public comment was filed (Form 654), and objections are limited to the criteria actually commented on (Sec. 85-2-307(5)(c) and 85-2-308(1)(b), MCA, as cited in the guide). If no comments or objections are filed, the permit issues without a contested hearing.

Data centers: Read directly, Montana DEQ's 'Data Centers in Montana' FAQ: unless a facility is served by an existing system that already holds its own water rights, DNRC approval under the Water Use Act is required for the water supply of any cooling technology; a separate DEQ permit is required to discharge non-contact cooling water, and open-loop geothermal systems using altered water need a Montana Ground Water Pollution Control System permit. No Montana statute or DNRC/DEQ rule singles out data centers for a different permitting track than any other new large water user; advocacy group Upper Missouri Waterkeeper (not an official source) argues data centers can get county land-use approval via special-use permits before any water-impact disclosure, and is pushing to have data centers defined as a distinct regulated water-use class.

Checked 2026-11-04. Sources: Montana DNRC: Water Rights Permitting Criteria and Process (PDF) · Montana DEQ: Data Centers in Montana -- Frequently Asked Questions (PDF, hosted via Montana Chamber of Commerce)

Who regulates: NC Dept. of Environmental Quality (DEQ), Division of Water Resources (DWR).

How a new large user gets water: A non-agricultural user that withdraws 100,000 gallons or more of ground or surface water in any one day (or transfers that much surface water between river basins) must register the withdrawal with DWR within two months of starting it; this is a registration, not a permit, and DWR issues nothing back. A full water-use permit is required only inside a designated Capacity Use Area (e.g., the Central Coastal Plain) for groundwater withdrawals over 100,000 gpd. Elsewhere, no state appropriation permit gates a new large surface-water user; a developer typically contracts with a municipal/regional utility or drills a well subject to the registration rule. G.S. 143-215.22H is the registration statute (an earlier search citing 143-215.22A for this appears to be a mis-cite).

Data centers: No enacted NC data-center-specific water statute found this cycle. SB 730 (2026, passed the NC House per a backfill lead) would require hyperscale data centers to attest closed-loop/liquid cooling and let DEQ set water-use standards; its Senate/enactment status was not confirmed from a primary legislative source this cycle.

Checked 2026-10-31 · medium confidence. Sources: NC DEQ: Water Use Reporting · NC DWR: Water Use Data Collection (WUDC) FAQ

Who regulates: North Dakota Department of Water Resources (DWR), Water Appropriation Division (statutory successor to the former State Water Commission; some older URLs still resolve under swc.nd.gov).

How a new large user gets water: Read directly from DWR's own appropriation page: any industrial water use requires a water permit before water is put to beneficial use (N.D.C.C. 61-04-02); there is no de minimis exemption for industrial use, unlike domestic/municipal/livestock/recreational use (exempt below 12.5 acre-feet/year). A new large industrial user files a Conditional Water Permit application (SFN 60157). DWR must find under N.D.C.C. 61-04-06 that a prior appropriator's rights will not be unduly affected, the means of diversion are adequate, the use is beneficial, and the appropriation is in the public interest, and will grant a permit only if unappropriated water exists. The conditional-permit fee is $250 (industrial use of 1 acre-foot or less) or $1,000 (more than 1 acre-foot). After the works are built, DWR inspects and, if compliant, issues a Perfected Permit establishing the water right; an Annual Use Form is due every March 31. A Temporary Permit (SFN 60158, $75-$200) covers use under 12 months or excess water but creates no permanent right. Industrial use ranks below municipal use in statutory priority (N.D.C.C. 61-04-06.1).

Data centers: None found. No statute, rule or DWR guidance document specifically addresses data centers. The state's operational large-industrial-water framework (the Industrial Water Depot Request bulk-water-sale process) was built mainly for oilfield/hydraulic-fracturing use, not data centers. Reported data-center cooling in North Dakota so far appears to be handled via closed-loop systems (Applied Digital's Harwood project) or trucked-in water (Applied Digital's Oliver County project) rather than new DWR permits; no DWR permit filing was found tied to any tracked North Dakota data-center project.

Checked 2026-11-03. Sources: ND Dept. of Water Resources -- Water Appropriation · ND Water Appropriation Division -- Water Permits · N.D.C.C. 61-04-06 (permit criteria), secondary compilation

Who regulates: Nebraska Dept. of Water, Energy & Environment / Dept. of Natural Resources (NeDNR) for surface water; each local Natural Resources District (NRD) for groundwater, under its own Integrated Management Plan and well-registration/allocation rules

How a new large user gets water: A new large water user either contracts with a municipal/public utility (e.g. Google Lincoln pays LES/the City of Lincoln $10M for a dedicated pipeline to the Northeast Water Resource Recovery Facility; Google Omaha gave the Metropolitan Utilities District $3M toward a $17M national leak-detection grant), or registers its own well(s) through the local NRD. Confirmed by direct read of dwee.nebraska.gov and dnr.nebraska.gov pages (e.g. https://dwee.nebraska.gov/node/5636, 'Groundwater Natural Resources Districts (NRDs)').

Data centers: No data-center-specific NRD or state water rule was found; this is an open regulatory gap, not a confirmed absence of concern -- the public objection pattern in the Hallam/Cass/Gage county data-center fights centers on private-well-interference fears from exactly this gap. A 2026 law reportedly requires NDWEE to begin collecting annual water-use/energy-demand data from data center developments (thecooldown.com, citing Flatwater Free Press/Grist; LOW/MEDIUM confidence, secondary coverage only, bill text not independently read).

Checked 2026-11-01 · medium confidence. Sources: Nebraska Dept. of Water, Energy & Environment: Groundwater Natural Resources Districts (NRDs) (read directly) · The Reader: Google gives $3 million to MUD to reduce water use in Omaha

Who regulates: New Hampshire Department of Environmental Services (NH DES).

How a new large user gets water: A permit is required for an average withdrawal of 40 gallons/minute or 57,600 gallons/day or more. Under Env-Wq 403.21, DES 'shall not issue a new large groundwater withdrawal permit' if it determines, after agency review and public comment, that the withdrawal would cause unmitigated adverse impacts. The leading NH Supreme Court case interpreting this regime, In re Town of Nottingham (re: the USA Springs water-bottling proposal), predates data centers entirely. This run's direct fetch of des.nh.gov's own large-groundwater-withdrawal page returned HTTP 403, so this rests on a search-engine summary that appears to quote the DES page's own text and RSA citations, corroborated by secondary legal-reference sites (regulations.justia.com, the NH General Court's own RSA 485-C text pages) -- 'read indirectly,' not a personally confirmed direct read, hence MEDIUM confidence.

Data centers: No New Hampshire data-center-specific water rule found. The state's live data-center fight is almost entirely about electric-load tariffs and construction moratoria (see this state's tariff entry and BACKFILL_LOG), not water; no data-center water bill or DES rule naming data centers was identified this cycle.

Checked 2026-11-05 · medium confidence. Sources: NH DES: Large Groundwater Withdrawal permitting (RSA 485-C:21-25, Env-Wq 403)

Who regulates: NJ Department of Environmental Protection (NJDEP), Bureau of Water Allocation & Well Permitting

How a new large user gets water: A diversion of ground or surface water exceeding 100,000 gallons/day for more than 30 days in any 365-day period (non-agricultural/non-aquaculture use) requires a Water Allocation Permit, Water Use Registration, or Permit-by-Rule. Application is via form BWA-001A (new/major modification) plus a Water Allocation Availability Screening Tool on the NJDEP Online portal; renewal uses BWA-001B; a Highlands-region form (BWA-001HL) applies to sites in the NJ Highlands. This threshold and process description is from WebSearch's own summarization of NJDEP's program page content -- a direct WebFetch of the live page (nj.gov/dep/watersupply/a_allocat.html) returned only a bare page stub both times attempted, so treat as MEDIUM confidence pending a successful direct read.

Data centers: No data-center-specific NJDEP water statute or rule found. Gov. Sherrill signed legislation (reported, not independently read) requiring data-center facilities to report energy AND water usage to the state, as part of the same package as the NJEDA tax-credit repeal -- a reporting mandate, not a new permitting regime. Enabling statute: Water Supply Management Act, N.J.S.A. 58:1A-1 et seq. (P.L. 1981, c.262, amended P.L. 2007, c.246); 58:1A-6 (permits in water-stressed regions) and 58:1A-7 (diversion permits, critical-area criteria) read via Justia's codification, not NJDEP's own compiled text. Implementing regulations N.J.A.C. 7:19 (Subchapter 2: permit/registration procedure; Subchapter 3: fee classes by mgm/month; Subchapter 11 section 7:19-11.4: large-user contingency plans -- conservation measures, alternative-supply description, shutdown procedures) read directly via regulations.justia.com and law.cornell.edu.

Checked 2026-11-01 · medium confidence. Sources: Justia: N.J.S.A. 58:1A-6 and 58:1A-7 (Water Supply Management Act) · Justia/Cornell: N.J.A.C. 7:19 Water Supply Allocation rules · NJDEP: Water Allocation program page (fetch returned a page stub only; cited for the threshold/form description per WebSearch summary)

Who regulates: Nevada Division of Water Resources / State Engineer

How a new large user gets water: Obtain a water right via State Engineer application, usually by buying/changing an existing right or buying from a utility; many of 256 basins are over-appropriated and the State Engineer can designate Critical Management Areas. Basin-specific availability not confirmed.

Data centers: EO 2026-005 (signed ~Sept 18, 2026) 'Nevada Standard for Responsible Data Center Development' requires developers seeking tax abatement to meet local water standards (news only; primary text not found). No state water statute on data centers found. UPDATE (2026-10-31): basin-level scarcity is also driving county-level bans: Nye County adopted a permanent ban on new data centers in the Pahrump Valley (Hydrographic Basin 162), 5-0 on Aug 18, 2026, citing the basin's over-appropriated status -- a county/land-use ban, not a state water-permitting rule.

Checked 2026-10-31 · low confidence. Sources: Nevada Division of Water Resources · Nevada Legislature Research Division - water overview 2019 · Fox5 Vegas (news, last resort): Lombardo EO · Pahrump Valley Times: Nye County approves data center moratorium/ban (Basin 162)

Who regulates: NYS Department of Environmental Conservation (DEC), Division of Environmental Permits.

How a new large user gets water: Read directly from DEC's own regulatory page (dec.ny.gov/regulatory/permits-licenses/wastewater-stormwater-water-withdrawal/water-withdrawal): a new large water user whose system is designed for 100,000 gallons/day or more must obtain a Water Withdrawal Permit under ECL Article 15, Title 15 before withdrawing, and must report withdrawal volumes annually once permitted. This run did not independently open the underlying statute text (ECL 15-1501/15-1502) or the implementing regulation (6 NYCRR Part 601), so the exact application process, review criteria, and any permit-vs-registration or major/minor project distinctions below the headline threshold are not confirmed beyond what the regulatory summary page states.

Data centers: No New York data-center-specific water law is enacted yet. Two bills are pending, neither read directly from bill text (reported only, via bill-tracker pages): the Responsible Data Center Development Act (A11560/S10642; reported 20MW threshold, moratorium plus an 18-month study; reported to have passed both chambers in June 2026 and awaiting Gov. Hochul's signature or veto, with a reported December 2026 decision deadline) and S10487, a 'data center water stewardship and reuse act' (would reportedly require large facilities to reach at least 60% recycled/non-potable water use by 2035, plus public water-use-effectiveness reporting; reported still in the Senate Environmental Conservation committee as of May 2026). Separately, Gov. Hochul's Executive Order 62 (reported signed July 14, 2026) pauses new discretionary DEC permits for data centers of 50MW or more for one year, with exemptions for already-deemed-complete applications and for manufacturing/research/education/medical back-office facilities -- this is a permitting pause, not a water-specific rule, and its primary text (governor.ny.gov) was not opened directly this cycle.

Checked 2026-11-05 · medium confidence. Sources: NYSDEC: Water Withdrawal permitting (read directly)

Who regulates: Ohio Department of Natural Resources (ODNR), Division of Water Resources; Great Lakes Compact permits under ORC 1522.

How a new large user gets water: Most data centers buy from a public water system and need no registration. Own withdrawals with capacity over 100,000 gpd must register (ORC 1521.16, no fee, not a permit). Permit for new consumptive use over 2 MGD (ORC 1521.23); lower Lake Erie basin thresholds under ORC 1522.12.

Data centers: No data-center-specific water law found enacted. ODNR Director testimony (5/27/26, House Select Committee on Data Centers): all Ohio data centers tie to public systems so ODNR has no visibility into their water use; no data center holds a high-capacity permit; ORC 1521.23(D)/(E) exemptions noted.

Checked 2026-10-28 · medium confidence. Sources: ODNR Director Mertz testimony to Select Committee on Data Centers, 5/27/2026 (PDF)

Who regulates: Oklahoma Water Resources Board (OWRB).

How a new large user gets water: Non-domestic groundwater or stream use needs an OWRB permit filed before use; groundwater permits are sized to land owned or leased over a basin (default 2 ac-ft/acre where no yield set). Data centers have mostly bought from municipal or rural water systems, which needs no state permit.

Data centers: SB 259 (Groundwater Modernization Act), reported enacted 2026: a data center seeking a groundwater permit must use recirculating/low-consumptive cooling (no open evaporative). Annual use reporting; one source says effective Nov 1, 2026. Utility-purchase loophole; fix bill expected. Per news; enrolled text not read.

Checked 2026-10-28 · medium confidence. Sources: OWRB Apply for a Water Permit · HPPR: A loophole leaves Oklahoma data center water consumption largely untracked (news, Jul 27, 2026) · HPPR: Oklahoma lawmakers add data center restrictions to groundwater metering measure (news, Apr 14, 2026)

Who regulates: Oregon Water Resources Department (OWRD)

How a new large user gets water: A new large water user applies to OWRD for a water-right permit, later perfected into a certificate, with priority dating to the application (standard prior-appropriation permitting). In large parts of the Umatilla Basin -- Oregon's main data-center hub (Morrow/Umatilla Counties) -- new groundwater appropriation is foreclosed by name: the Ordnance, Butter Creek, and Stage Gulch Critical Groundwater/Study Areas were closed to further appropriation by Director's Order in 1976, 1986, and 1985 respectively, and groundwater within 5 miles of several municipal wells (Hermiston, Pendleton, Umatilla, Stanfield, etc.) is reserved for municipal/domestic use absent a hydraulic barrier -- read directly from the Oregon Administrative Rules (OAR 690-507, the Umatilla Basin Program). This effectively pushes data centers in that basin toward municipal water contracts or surface-water rights rather than new groundwater permits.

Data centers: No Oregon data-center-specific water statute was found; OWRD has a pending 2026 rulemaking package (Phase 2, OAR 690 divisions) but nothing data-center-specific was identified. Real-world strain is documented in Morrow County: 30+ data centers built since 2011 around Boardman; cooling-concentrated wastewater is land-applied by the Port of Morrow onto farmland and seeps into groundwater already carrying nitrate contamination known since the 1990s (one resident's well tested at 52 mg/L nitrate against a 10 mg/L legal limit); facility reports show data centers using over 1 million gallons of water in a single month. Which specific facilities hold their own water rights versus municipal service was not determined.

Checked 2026-10-31 · medium confidence. Sources: Oregon Administrative Rules OAR 690-507-0070 (Umatilla Basin Program groundwater closures), read via law.cornell.edu mirror · KPTV: Data centers strain water supply in Oregon town already facing pollution crisis

Who regulates: PA DEP for state matters; Susquehanna River Basin Commission (SRBC) and Delaware River Basin Commission (DRBC) approve large withdrawals/consumptive use in their basins.

How a new large user gets water: Buying from a public water system avoids a withdrawal approval. SRBC still requires approval for consumptive use over 20,000 gpd (30-day avg); withdrawals over 100,000 gpd need SRBC/DRBC approval. DRBC: utility-supplied data centers need no direct DRBC approval.

Data centers: SRBC data center page: ABR(e) general permit for public-supply/reuse sources, and a changed public comment process for data centers on public supply (details not read). State: House passed HB 2246 (DEP notice if >100,000 gpd) and HB 2150 (annual water/energy reports) in Apr 2026; Senate has not voted per Spotlight PA (May 18). News (Broadband Breakfast, 7/21/26, unconfirmed): FY budget requires disclosure of energy and water use by data centers over 10 MW.

Checked 2026-10-28 · medium confidence. Sources: SRBC - Data Centers · DRBC - Data Centers FAQ (PDF) · Spotlight PA - data center regulation bills pass House, stall in Senate (news) · Broadband Breakfast - PA lawmakers budget disclosure (news, last resort)

Who regulates: South Carolina Department of Environmental Services (SCDES, created July 1, 2024 from DHEC's environmental programs plus some DNR hydrology functions)

How a new large user gets water: Read directly on scstatehouse.gov: the Surface Water Withdrawal, Permitting, Use and Reporting Act (S.C. Code 49-4-10 et seq.) defines a 'surface water withdrawer' as one withdrawing more than 3,000,000 gallons in any month from one intake (49-4-20(28)); such a withdrawer needs a permit (49-4-25) unless exempt (49-4-30). A NEW withdrawer (49-4-70(A)) must get a permit before withdrawing, evaluated under reasonableness criteria (49-4-80) plus minimum-instream-flow rules (49-4-150); an existing withdrawer had 180 days to register for an initial permit based on historical use, without the 49-4-80 criteria. New surface-water withdrawals require 30-day public notice; inter-basin transfers require a public hearing (from DES presentation material, not the statute itself). The Groundwater Use and Reporting Act (S.C. Code 49-5-10 et seq., also read directly) uses the same 3-million-gallon/month threshold to define a 'groundwater withdrawer' (49-5-30(12)); all groundwater withdrawers statewide must register and report annually, but a permit to drill/expand/withdraw is required only inside six designated Capacity Use Areas in the Coastal Plain (Waccamaw, Pee Dee, Santee-Lynches, Lowcountry, Western SC, Trident); outside those areas a withdrawer need only give 30 days' notice. Upstate/Piedmont counties with current data-center activity (Spartanburg, Cherokee, York, Greenwood, McCormick, Edgefield) appear to fall outside any Capacity Use Area -- a geographic inference from the statute, not independently confirmed county-by-county.

Data centers: No data-center-specific water rule found in either statute or on any SCDES page/PDF title read. One SCDES page's own navigation menu lists a 'Valara Holdings High Performance Compute Center' under an 'Environmental Sites & Projects' section, meaning SCDES is tracking the Spartanburg project as a site of interest, but the page's content was not retrievable this cycle, so its regulatory posture toward that project (e.g., any water permit) is not known.

Checked 2026-11-02. Sources: South Carolina Code of Laws, Title 49, Chapter 4 (Surface Water Withdrawal Act), read directly · South Carolina Code of Laws, Title 49, Chapter 5 (Groundwater Use and Reporting Act), read directly · SCDES: Surface Water Withdrawals program page

Who regulates: DANR Water Rights Program (staff/Chief Engineer), with final permitting authority held by the 7-member Water Management Board; data-center-specific duties under SB135 (2026) also fall to the Board of Water Management.

How a new large user gets water: Read directly (DANR's own Water Rights pages and SDCL Chapter 46-2A): all water use beyond a small domestic exemption (up to 25,920 gal/day or 25 gpm peak) requires a water-right permit. The applicant files the Chief Engineer's Form 2 application (source, amount, diversion points, period/type of use, fee, supporting data); notice runs for two successive weeks in an official newspaper in each affected county. If uncontested and staff recommends approval, the Chief Engineer may issue the permit without a hearing under SDCL 46-2A-9 (water available, no unlawful impairment of existing rights, beneficial use, public interest). Contested applications go to a Water Management Board hearing, appealable to the courts. A permit holder has 5 years to complete construction plus 4 more to put the water to beneficial use, then is inspected and issued a water license converting the permit into a water right; water must be used at least every 3 years or faces cancellation exposure.

Data centers: Yes -- South Dakota's Senate Bill 135 (2026 Session Law Chapter 190, signed by Gov. Rhoden March 24, 2026, effective July 1, 2026, codified at SDCL 49-50-1 et seq., read directly from the enrolled bill text) applies to any data center with peak electric demand of 10 MW or more. It layers obligations on top of the general permit system: the operator must notify each local water provider of projected consumption before operating; each provider must determine in writing whether that consumption is compatible with the local water supply; the operator files all notices and determinations with the Board of Water Management, which issues a public statement if every provider finds compatibility; even then, the data center may not exceed consumption limits the Board sets by order after allocating for residential and essential public services, and the Board must seek to prevent disproportionate data-center water use; operators must file public semi-annual water-use reports with the Board. The same chapter also requires electric providers to keep separate cost-recovery terms for data centers and bars the state from preempting local data-center ordinances.

Checked 2026-11-03. Sources: DANR Water Rights -- Legal Summary · DANR Water Rights Program · South Dakota 2026 Session Law, Chapter 190 (Senate Bill 135), enrolled text · Otter Tail Power EL26-021 Petition (cites SDCL 49-50-1 et seq. and the July 1, 2026 effective date)

Who regulates: Tennessee Department of Environment & Conservation (TDEC), Division of Water Resources (Aquatic Resource Alteration Permit program)

How a new large user gets water: Tenn. Code 69-7-304 requires annual registration of a water withdrawal with TDEC; Tenn. Code 69-7-204 requires a permit before certain diversions/transfers (these statute citations are from secondary summaries -- direct fetches of the statute text were blocked by a 403 this cycle, not independently opened). TDEC Rule 0400-40-03-.04 exempts a withdrawal removing less than 5% of the minimum 7-day/10-year average streamflow (7Q10) from Aquatic Resource Alteration Permit requirements -- the closest general large-withdrawal trigger, not data-center-specific. In Shelby County, new groundwater wells into the Memphis Sand Aquifer go through the county's own Groundwater Quality Control Board, a county body separate from TDEC.

Data centers: No TN statute or TDEC rule singles out data centers. The only data-center-tied water action found is local and ad hoc in Shelby County: TDEC is permitting (public hearings held June 2025) a 13.5-million-gal/day reclaimed-wastewater reuse plant drawing from the T.E. Maxson Wastewater Treatment Plant to serve xAI's Colossus campus, Nucor Steel and TVA's Allen Combined Cycle Plant, intended to reduce draw on the Memphis Sand Aquifer. xAI's own aquifer withdrawal is disputed across outlets at anywhere from 30,000 to 1,300,000 gallons/day, with no regulator-published figure found; MLGW sold xAI over 25 million gallons of water in March 2026 at a bulk rate below the standard customer rate (read directly, Memphis Flyer).

Checked 2026-11-02 · medium confidence. Sources: Tennessee TN H2O water plan appendix: institutional and legal framework · Memphis Flyer: TDEC considers permit for Colossus wastewater-reuse plant · Memphis Flyer: xAI bought 25M gallons of water from MLGW, projects increases

Who regulates: TCEQ (surface water rights); local groundwater conservation districts (groundwater); TWDB runs the water use survey and planning.

How a new large user gets water: Surface water generally needs a TCEQ water right (usually buy or lease an existing one). Groundwater is pumped under a permit from the local groundwater conservation district where one exists; outside districts rule of capture applies. Many data centers buy from a municipal or utility supplier.

Data centers: TWDB annual Water Use Survey (Water Code 16.012(m)) explicitly covers data centers, AI and crypto facilities that operated in 2025; no volume threshold stated. Gov. Abbott's Sept 14, 2026 letter directs TWDB to enforce, with update due Oct 14, 2026. New bills expected at Nov 2026 filing (news only). UPDATE (2026-11-01): AG Paxton's office sent letters to 156 data center developments in 32 counties (including Brazos County) around Oct 15, 2026, per KBTX, demanding 'current and accurate' water-use information never reported to the TWDB survey; KBTX's reporting names no statute/legal basis and no gallons figures in the letters. The specific Brazos County recipient was not identified in either KBTX story -- Reveille AI Compute Center (RACC, at the RELLIS Campus), the only new Brazos County data center project KBTX could name, told KBTX it was not them.

Checked 2026-11-01 · medium confidence. Sources: TWDB Water Use Survey: digital infrastructure (data centers) · Office of the Governor: Abbott directs TWDB to penalize data center reporting failures (Sept 14, 2026) · WaterWorld news report on the governor's directive (news, last resort) · KBTX: Paxton's office sends 156 letters to Texas data center developments over water-use reporting · KBTX: Paxton says a Brazos County data center got a letter demanding water-use reporting

Who regulates: Utah Division of Water Rights (State Engineer); water providers and conservancy districts supply most users

How a new large user gets water: Many basins are closed to new appropriation (e.g., Sevier, Snyderville/Park City), so new users generally buy and change an existing right or connect to a municipal/district provider. Check the Division's area policy for the specific basin.

Data centers: HB 76 (2026) Data Center Water Transparency Amendments, signed Mar 26, effective Jul 1, 2026: new data centers over 10,000 sq ft using 75+ acre-feet/yr must file a pre-construction report (90-360 days before) and annual reports, published by Sep 1. Reporting only; no cap.

Checked 2026-10-28. Sources: Utah Division of Water Rights - Large Data Center Water Use Reporting · Utah Division of Water Rights - Sevier River Basin policy · Utah Legislature draft: Data Center Water Policy Amendments (interim) · WSWC Data Centers Topical Report June 1 2026

Who regulates: Virginia DEQ and the State Water Control Board.

How a new large user gets water: Most data centers buy from a public water utility, which holds DEQ withdrawal permits. In the Eastern Virginia GWMA, withdrawals of 300,000 gal/month or more need a DEQ groundwater permit (water conservation plan required).

Data centers: Enacted 2026: utilities must report data center (air-permitted) water sales monthly from Jan 1, 2027 (Sen. Srinivasan bill; number not confirmed). HB 30 Item 366: new EVGMA data centers (air permit after Jan 1, 2027) must show minimized cooling water; DEQ criteria for Cooling Water Scarcity Areas due Jul 1, 2027. SCC report due Oct 1.

Checked 2026-10-28 · medium confidence. Sources: Hunton: 2026 Virginia Environmental Legislative Update for Data Centers · WHRO: New regulations beef up data centers' water use reporting in Virginia (news) · Va. Code 62.1-260 (groundwater management areas permits) · WDBJ7: data centers face same restrictions as all water customers (news)

Who regulates: Vermont Agency of Natural Resources (ANR), Department of Environmental Conservation, Drinking Water and Groundwater Protection Division.

How a new large user gets water: Read directly from DEC's own program page (dec.vermont.gov/node/17466): any groundwater user pumping more than 20,000 gallons/day must report annual usage to DEC; a commercial/industrial user withdrawing more than 57,600 gallons/day may need a groundwater withdrawal permit. This is a statewide threshold, not Act-250-specific, and applies to a data center the same as any other large industrial user. Separately, Act 250 (10 V.S.A. SS6086) criteria on water supply, waste disposal, and utility/energy impacts apply case-by-case to developments that trigger Act 250 jurisdiction; whether a given data center triggers that jurisdiction is not settled by statute today (an amendment that would have added data centers explicitly to Act 250's definition of 'development,' H.727, was vetoed by Gov. Scott on 2026-05-28 and the House override failed 83-52 on 2026-05-29, confirmed directly from the Legislature's own bill-status page). The Legislature's current listing for 38 M.R.S. is not applicable here; Vermont's own sections 38 V.S.A./Act 199 groundwater thresholds were read directly from DEC's page, HIGH confidence; the Act 250 criteria/H.727 specifics rest on the Legislature's own criteria-list and bill-status pages plus secondary summaries, MEDIUM confidence.

Data centers: No Vermont data-center-specific water statute is currently in force. H.727 ('An act relating to sustainable data center development') would have added a new 10 V.S.A. SS6086a requiring data centers to obtain surface- and groundwater withdrawal permits (with ANR able to set a lower reporting bar than the general 57,600 gpd threshold) and a closed-loop cooling requirement unless a District Commission found it infeasible, but Gov. Scott vetoed it 2026-05-28 and the override failed 2026-05-29 (read directly from legislature.vermont.gov/bill/status/2026/H.727). VELCO's own Feb. 2026 testimony to the House Energy & Digital Infrastructure Committee stated there are no current requests to interconnect large data centers to the VELCO transmission system, consistent with zero qualifying VT projects found in this cycle.

Checked 2026-11-06 · medium confidence. Sources: Vermont DEC: Groundwater withdrawal reporting and permitting (Act 199) · Vermont Legislature: H.727 bill status (vetoed, override failed)

Who regulates: Washington Department of Ecology

How a new large user gets water: A new large water user files a new water-right application with Ecology, which applies a four-part test (water availability, beneficial use, no impairment of existing rights, public interest) before issuing a permit, later perfected into a certificate; the priority date relates back to the filing date (RCW 90.03.340). Expedited, cost-reimbursement review is available under RCW 90.03.265, though a third party's appeal shifts defense costs back onto the applicant. Ecology's own public-facing program-overview page could not be located (404) to confirm this process description against Ecology's current wording.

Data centers: No Washington data-center-specific water statute or rule was found. Data centers get water the same way any large commercial/industrial user does -- either a new Ecology-issued water right, or (more commonly for the Quincy/Moses Lake-area cluster) hookup to an existing municipal/irrigation-district water system rather than a new standalone appropriation. Which specific facilities hold their own water rights versus municipal service was not determined; that needs a parcel-level Ecology water-right-tracking-system lookup not performed here.

Checked 2026-10-31 · low confidence. Sources: Washington RCW 90.03.340 (water-right priority dates), seen via search-result text, not independently fetched

Who regulates: Wisconsin Department of Natural Resources (DNR)

How a new large user gets water: Great Lakes basin (e.g. Racine, Ozaukee Counties): Wis. Stat. 281.344 requires a DNR permit for a withdrawal averaging >=1,000,000 gallons/day over any 30 consecutive days; individual permits run 10 years (281.346), with new/increased large withdrawals needing to meet the Compact's 'no significant adverse individual or cumulative impacts' standard. Inland/non-basin (e.g. Dodge County): Wis. Stat. 281.34 requires DNR approval before constructing/operating a 'high capacity well' (generally >100,000 gallons/day combined capacity); DNR may impose siting/depth/flow conditions, with extra scrutiny within 1,200 feet of sensitive features ('groundwater protection areas'). Statute text (exact subsections) was obtained via a search tool's direct quoting of docs.legis.wisconsin.gov; a full direct page open of those statute pages returned repeated HTTP 503 errors, and the cross-referenced administrative rules (NR 142, NR 860) were not independently opened.

Data centers: No Wisconsin statute or DNR rule specifically targeting data centers as a water-use category was found. A real, directly-tied precedent: the City of Racine's existing 2018 Great Lakes Compact diversion authorization (DNR-approved, for the Foxconn site) of up to 7 million gallons/day from Lake Michigan is the basis for Microsoft's Mount Pleasant campus water use -- Racine city records (released Sept 2025) show a projected campus draw of up to 8.4 million gallons/YEAR (peak ~702,000 gal/day), within that daily ceiling; most of the campus uses closed-loop cooling. Meta's Beaver Dam campus (inland, not in the Great Lakes basin) uses dry cooling specifically to minimize water draw, reducing the likelihood of needing a large high-capacity-well permit; no confirmation was found of whether Meta has filed one.

Checked 2026-11-01 · medium confidence. Sources: Wisconsin Examiner: Racine releases records showing Microsoft data center would use 8 million gallons of water per year · Wisconsin Legislature: Wis. Stat. ch. 281 (statute text retrieved via search-tool extraction of docs.legis.wisconsin.gov; direct page opens returned HTTP 503)

Who regulates: West Virginia Department of Environmental Protection (DEP), Division of Water and Waste Management, Water Use Section

How a new large user gets water: Read directly, DEP's Water Use Section page: any 'large quantity user' withdrawing more than 300,000 gallons from surface or groundwater in any 30-day period (threshold effective Jan. 1, 2015) must register with DEP and file an annual water-use certification/report (monthly withdrawal data) under the Water Resources Protection and Management Act, W. Va. Code Chapter 22, Article 26 (cited by the DEP page; the statute PDF itself returned as unreadable binary this cycle, not independently opened as text). Reporting is filed electronically through DEP's Permitting, Inspection and Enforcement (PIE) system. The DEP page describes no permit-approval/denial step for an ordinary new large withdrawal -- registration and reporting only, not a permit-to-use system.

Data centers: No enacted West Virginia water statute or DEP rule singling out data centers was found. House Bill 2014 (2025), which lets large microgrid/'high impact data center' developments operate as independent utilities, is an energy-siting law, not a water law. Several in-development campuses describe their own water plans only as developer claims, not regulatory mandates: Nscale's Monarch Compute Campus says its design has no impact on municipal water or residential users (read directly, WV Public Broadcasting, Mar. 17, 2026); Starwood's Project Tamarack says it will use closed-loop cooling with no water source named (read directly, WV Public Broadcasting, Sept. 3, 2026); Google's Putnam County project pledged to replenish more water than it uses by 2030, targeting 120% average replenishment, and to pay for any water/sewer upgrades itself (read directly, WSAZ, Mar. 27, 2026).

Checked 2026-11-03. Sources: WV DEP: Water Use Section (Water Resources Protection and Management Act) · WV Public Broadcasting: Large AI development hub in Mason County getting larger · WV Public Broadcasting: Second certified data center announced for Mason County · WSAZ: Google purchases land for a potential data center in Putnam County

Who regulates: Wyoming State Engineer's Office (Ground Water and Surface Water Divisions); Board of Control issues certificates

How a new large user gets water: Apply to the State Engineer for a groundwater permit (U.W. 5), which is usually granted as routine; applications in a groundwater control area get public notice and can be denied if not in the public interest. Or buy water from a municipal supplier.

Data centers: Gov. Gordon June 3, 2026 'Wyoming Way' executive order on data centers asks them to protect water and wildlife; agencies had 60 days to recommend changes (news only, order number not confirmed). HB 90 ($500k State Engineer data-center water study) failed.

Checked 2026-10-28 · medium confidence. Sources: Wyoming SEO - Ground Water General Processes · WSWC Data Centers Topical Report June 1 2026 · KUNC (news, last resort): Wyoming EO