Water can flow again for construction of massive Project Jupiter data center

The New Mexico Supreme Court has issued two rulings that allow water to flow again for Oracle's Project Jupiter data center, enabling construction and permitting to proceed. The court's unanimous decisions on September 17 denied emergency petitions filed by conservation groups and lifted a previous pause on regulatory proceedings.

Conservation groups, including the Center for Biological Diversity and New Energy Economy, had initiated legal challenges. Colin Cox, a senior attorney with the Center for Biological Diversity, criticized state officials for approving the water use, stating they are "giving it away to thirsty corporations." The Center for Biological Diversity sued New Mexico State Engineer Elizabeth Anderson over water use, while New Energy Economy sued New Mexico Environment Secretary James Kenney concerning air quality permitting.

Oracle, the developer of the data center that is expected to house OpenAI, clarified that non-potable water is being used for construction activities such as dust control, a practice common in any construction project. The company noted that this water use is under the oversight of the New Mexico Office of the State Engineer and stated that significant conservation efforts have reduced water consumption below original projections, with further decreases anticipated as construction advances. The New Mexico State Engineer has reported 197 million gallons used to date.

Despite the Supreme Court's rulings favoring the project, the conservation groups have indicated their intention to continue a "long legal fight" against the Project Jupiter data center.