
Nebraska ag law professor says data centers could try buying farmers' irrigation water
An agricultural law specialist in Nebraska suggests that data centers might acquire necessary cooling water by purchasing farmers' irrigation rights. This strategy, previously used by ethanol plants, could make Natural Resources Districts and counties crucial in data center approval, particularly as some counties have already enacted moratoriums.
Dave Aiken, a professor and ag law specialist at UNL's Center for Agricultural Profitability, stated that data centers, which require significant amounts of water for cooling, might secure their supply by buying existing irrigation rights from farmers. Aiken drew a parallel to ethanol plants, which previously acquired groundwater rights from irrigators in western Natural Resources Districts (NRDs) to operate. He suggested that a similar system could be effective for data centers.
The professor's comments come as proposed data centers have sparked controversy in Nebraska, leading some counties to adopt moratoriums on their development. Aiken emphasized that the substantial water demands of data centers could elevate the role of NRDs and county governments in deciding whether these facilities receive approval.