Large Data Center Water Use Reporting
Effective July 1, 2026, new large data center development projects (i.e., data centers larger than 10,000 sq. ft. that intend to draw 75 acre feet or more of water annually) are required to notify the Utah Division of Water Rights about their plans and report their water use.
Land Use Authority Notification Requirement
Before the approval of a land use application for a new large data center, the land use authority of the municipality or county must notify the Division of Water Rights via email at waterrights@utah.gov for awareness.
Pre-Construction Reporting Requirements
Who Submits
The data center operator reports to the Division of Water Rights before construction begins using the pre-construction report form.
What must be included:
- Location
- Estimated annual water withdrawal
- Discharge water treatment plans, if applicable
- Esimated discharge water temperature adjustment
- Water reuse and replacement efforts
Important: The report must be submitted at least 90 days before construction begins, but no more than 360 days before construction begins.
Annual Water Use Reporting Requirements When the Data Center is Operational
Who Submits
Once the data center is operational, the data center operator must submit an annual report to the Division of Water Rights.
What must be included:
- Actual water withdrawals
- Verifiable efforts to reduce water consumption
- Efforts to protect the environment and public from polluted water, if applicable
Important: Reports are due by July 1 of each year. Reminders will be sent each January to data center operators.
Reporting Transparency
Full submitted data center annual reports, including the name of the data center and its annual water withdrawal, will be published here on the Utah Division of Water Rights website by Sept. 1 of each year.
Exceptions: In accordance with Section 63G-2-309, Utah’s GRAMA law, a private business can claim that certain records are confidential if public disclosure would give competitors an unfair advantage or harm the business. In these cases, the withdrawal amount will be listed publicly, but all other data will be protected records.
More About This Law
In 2026, the Utah State Legislature passed Utah HB 76opens in a new tab "Data Center Water Transparency Amendments," which was signed on March 26, 2026 by Utah Gov. Spencer Cox, and enacted on July 1, 2026. Large data centers that were operational or that began construction prior to that date are exempt.
This new law was created in response to growing concerns about how much water large data centers draw from local supplies. It also gives the public, water providers, and lawmakers a consistent way to track data center water use over time.
Enacting this legislation amends Utah Code § 73-2-25opens in a new tab (State Engineer enforcement powers) and adds Utah Code § 73-5-8.3opens in a new tab.