From Texastribune · · 3m
Texas Data Centers Face Water Reporting Crackdown
Texas officials push water reporting for data centers despite weak penalties and low compliance.
In brief
Texas officials push water reporting for data centers despite weak penalties and low compliance. Texas state agencies enforce water use surveys for data centers but face limited penalties and low response rates from facilities. Originally reported by Texastribune.
Texas officials target data centers
Gov. Greg Abbott and Attorney General Ken Paxton promise to crack down on hundreds of data centers that failed to disclose water use information over five years.
“In recent weeks, Gov. Greg Abbott and Attorney General Ken Paxton have adopted increasingly tough rhetoric against data centers”
State law imposes minimal penalties
Facilities that skip water surveys face a Class C misdemeanor with up to $500 fine and loss of state funding and environmental permits.
“Under state law, facilities that fail to complete required water-use surveys can be charged with a Class C misdemeanor”
Low response rates persist
Only about 30% of 329 surveyed data centers responded to the water use survey last year, described as 'pretty pathetic' by a lawmaker.
“One lawmaker described the response rate as 'pretty pathetic' at a legislative hearing this summer”
Data centers defend compliance
Data center operators claim they have not received surveys and say they take water stewardship seriously, resolving contact information issues with the water board.
“Data centers take water stewardship extremely seriously”
State enforcement efforts underway
The water board must notify local prosecutors about noncompliant facilities by Oct. 14, but has no authority to prosecute violations itself.
“The water board is required to update Abbott’s office by Oct. 14 on the progress of its enforcement efforts”
Limited financial penalties
Data centers generally are not eligible for state water funding that officials threaten to withhold, making financial penalties less impactful.
“There’s nothing the board can withhold from them”
Permit restrictions are limited
The state cannot revoke or suspend permits already issued to operating data centers for failing to submit surveys.
“The law does not allow the state to revoke or suspend permits already issued to operating or planned data centers”
Water usage data shows scale
In 2023, seven data centers reported using over 144 million gallons combined, equivalent to a small Texas town with 4,000-5,000 residents.
“In 2023, seven data center facilities reported using more than 144 million gallons combined”
Industry growth outpaces compliance
With 267 new data centers surveyed in 2025, only 22.5% responded, showing compliance remains low despite industry expansion.
“Of the 329 facilities TWDB surveyed in 2025, 267 are new to the agency’s tracking, and only 22.5% of them responded”
Meta reports water use
Meta’s Fort Worth facility uses 72 million gallons annually and employs water-efficient cooling technology to minimize consumption.
“The North Texas facility consumes on average 72 million gallons a year”
State agencies seek legislative action
Public Citizen urges state agencies to understand the industry’s water use before the 2027 legislative session to make meaningful laws.
“If we don’t have a full picture, then how are we supposed to go into the legislative session and make meaningful laws to protect folks?”
Enforcement challenges remain
State agencies lack authority to prosecute violations, and local law enforcement has not prioritized data center water violations.
“The violations haven’t generated significant discussion among court officials”
Water board’s role in planning
The Texas Water Development Board uses survey data to plan water needs 50 years into the future for all Texans.
“The Texas Water Development Board, the state agency tasked with overseeing the state’s water planning process and financing water projects”
Political context for enforcement
Texas voters oppose data centers in their communities, with 57% opposing local construction and 75% of Democrats opposing data centers.
“A University of Texas/Texas Politics Project poll released in August found that 57% of Texas voters opposed building a data center in their community”
State law limits enforcement power
The state cannot increase fines for Class C misdemeanors without new legislation, with the next session not convening until January 2027.
“Lawmakers do not convene in Austin for the 2027 legislative session until January”
What happens next
State agencies must report enforcement progress by Oct. 14, but the water board lacks authority to prosecute violations or enforce compliance effectively.
“The water board has no authority to prosecute violations itself”
The short version
Texas state agencies enforce water use surveys for data centers but face limited penalties and low response rates from facilities.
