Abbott orders state water board to penalize uncompliant data centers
Governor Greg Abbott has ordered the Texas Water Development Board (TWDB) to penalize data centers and other major water users that have not complied with water use reporting requirements. This directive follows concerns that many have withheld information, with non-compliance potentially leading to fines and permit disqualification from the TCEQ. The TWDB is also ordered to coordinate with the PUC and ERCOT on a data center audit.
Governor Greg Abbott has directed the Texas Water Development Board (TWDB) to begin enforcing penalties against major water users, including data centers, who have failed to comply with state water use reporting requirements. The Governor's office stated that many such entities are suspected of having violated civil and criminal statutes by withholding information vital for the Calendar Year 2025 water use survey, which informs the State Water Plan.
The Texas Water Code mandates complete and accurate water use surveys, with non-compliance punishable by a Class C misdemeanor fine and potential ineligibility for permits from the Texas Commission on Environmental Quality (TCEQ). Governor Abbott emphasized that data centers must contribute to protecting Texas water and instructed the TWDB to refer violations to district attorneys and inform TCEQ.
This new directive aims to strengthen enforcement after an earlier August audit of data centers faced criticism for being voluntary, with Democratic candidate Clayton Tucker noting over 70% non-response. The TWDB is also ordered to collaborate with the Public Utility Commission of Texas (PUC) and ERCOT on a broader audit of data centers, focusing on water consumption, supply sources, and water-efficient technologies. The TWDB is required to update the Governor’s office on enforcement activities by October 14.