Gov. Greg Abbott has directed the Texas Water Development Board (TWDB) to enforce state water-use reporting requirements against data centers and other major water users, including imposing legal consequences for past and future failures to comply.
The directive calls on the TWDB to use its existing enforcement authority when data centers fail to provide required information about water consumption. Abbott also instructed the agency to work with the Electric Reliability Council of Texas (ERCOT) as part of an ongoing audit of data centers.
Under the Texas Water Code, recipients of a TWDB water-use survey are required to complete and return it. According to the governor’s office, failure to do so can constitute a criminal offense.
Data centers that do not complete and return the survey on time can also become ineligible for certain permits, amendments or renewals issued by the Texas Commission on Environmental Quality under Chapter 11 of the Water Code.
Abbott directed TWDB to enforce those provisions against noncompliant data centers. Potential actions include referring violations to the appropriate county or district attorney and notifying the Texas Commission on Environmental Quality about possible permit disqualification.
The action follows an Aug. 3 directive from Abbott ordering the Public Utility Commission of Texas (PUCT) and ERCOT to conduct an audit of data centers moving through ERCOT’s interconnection process.
That audit requires information on water consumption, water supply sources and the use of water-efficient technologies. Data center projects that do not complete that audit process are to be denied interconnection, according to the governor’s office.
Under the latest directive, TWDB is to coordinate with PUCT and ERCOT and work with ERCOT to obtain information on data center water consumption, water sources and water efficiency technologies. Failure to respond can trigger TWDB’s separate enforcement authority.
TWDB is required to provide the Governor’s Office with an update on its enforcement activities by Oct. 14. Additional updates are expected as the audit continues.
Abbott Directs Water Board to Penalize Data Center Reporting Failures
What to Know:
- Data centers that fail to submit required water-use surveys could face criminal referrals and permit consequences.
- The Texas Water Development Board will coordinate with ERCOT and the Public Utility Commission of Texas on data center water use information.
- The water board must report its enforcement activity to the Governor’s Office by Oct. 14.
