Texas governor directs water board to enforce data center reporting requirements

Governor Abbott has directed the Texas Water Development Board to enforce water-use reporting requirements for major water users including data centers.

Texas Gov. Greg Abbott has directed the Texas Water Development Board (TWDB) to enforce state water-use reporting requirements for major water users, including data centers, and coordinate with the Electric Reliability Council of Texas (ERCOT) to gather additional information on data center water consumption.

In a Sept. 14 letter to TWDB leadership, Abbott said some major water users may have failed to provide information required under the Texas Water Code. He directed the agency to use its statutory authority to compel compliance and pursue legal consequences for violations.

The Calendar Year 2025 TWDB water-use survey was due March 1, 2026. Under state law, failure to complete and return the survey is an offense and can also make an entity ineligible for certain permits, permit amendments or renewals from the Texas Commission on Environmental Quality (TCEQ). Abbott directed TWDB to refer violations to county or district attorneys and notify TCEQ for potential permit disqualification.

The directive also connects TWDB's water-use reporting with an ongoing ERCOT audit of data centers. Abbott previously directed the Public Utility Commission of Texas and ERCOT to audit data centers progressing through ERCOT's interconnection process, including information on water consumption, water sources and water-efficient technologies.

Abbott directed TWDB to coordinate with ERCOT to obtain the same types of information for water planning purposes. The letter states that TWDB needs detailed data on existing and anticipated water consumption to develop the state's water plan.

TWDB is required to provide an initial update on enforcement activities within 30 days and continue reporting on the effort, including after the ERCOT audit is completed.

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