IdahoData centers must use public water systems for cooling
Starting July 1, 2026, data centers beginning construction must use municipal or district water systems for cooling when the use consumes water.
What it does
Water-right reviews for data centers must consider findings about conservation, local interests, and possible effects on watershed economies.
Data centers starting construction on or after July 1, 2026, may not consume water for cooling unless a municipal or district water system supplies it.
Argument forThe restriction could reduce water lost to cooling and help protect supplies in areas where data centers use large amounts of water.
Argument againstThe restriction may limit cooling options for new data centers that cannot connect to a municipal or district water system.
More detail
The director of the Idaho Department of Water Resources must consider these findings when reviewing a new water appropriation or a transfer of an existing water right for a data center. This applies to water used by data centers and to reviews involving a new water right or a transfer of an existing water right. The findings state that data-center water use conflicts with the local public interest and water conservation. The findings also address harm to the local economy when the water source and place of use are in different watersheds or local areas. The act takes effect July 1, 2026; the text does not give a separate deadline for these reviews.
Data centers may not use water for cooling as a consumptive use unless a municipal, water district, or water and sewer district system supplies the water. This applies to data centers, as defined in Idaho law, that begin construction on or after July 1, 2026. The restriction applies only when cooling water is used consumptively, meaning the use removes water from the available supply rather than returning it. Water supplied by a municipal, water district, or water and sewer district system is exempt from this restriction. The restriction applies to data centers beginning construction on or after July 1, 2026, and the act takes effect on July 1, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 2Reported Signed by Governor Brad Little on April 2, 2026 Session Law Chapter 291 Effective: 07/01/2026Became Law
- Apr 1Delivered to Governor at 4:12 p.m. on April 1, 2026To Governor
- Apr 1Returned Signed by the President; Ordered Transmitted to GovernorMinor
- Apr 1Signed by President; returned to HouseMajor
- Apr 1Received from the House enrolled/signed by SpeakerMajor
- Apr 1Reported Enrolled; Signed by Speaker; Transmitted to SenateMajor
- Mar 31Returned from Senate Passed; to JRA for EnrollingMinor
- Vote recorded Read third time in full –. Result: pass.Upper
- Mar 31Read third time in full – PASSED - 32-1-2AYES – Adams, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Woodward, Zito, ZuiderveldNAYS – GallowayAbsent and excused – Anthon, WintrowFloor Sponsor - BurtenshawTitle apvd - to HousePassed 2nd Chamber
- Mar 27Read second time; filed for Third ReadingMinor
- Mar 26Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Mar 23Introduced, read first time; referred to: Resources & EnvironmentMinor
- Mar 23Received from the House passed; filed for first reading
- Mar 20Rules Suspended: Ayes 70 Nays 0 Abs/Excd 0, read in full as required – PASSED - 58-10-2AYES – Barbieri, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Egbert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Galaviz, Gannon, Garner, Green, Hall(Stone), Handy, Haws, Healey, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Raybould, Raymond, Redman, Rubel, Sauter, Shepherd, Shirts, Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Mr. SpeakerNAYS – Beiswenger, Cayler, Harris, Hawkins, Price, Rasor, Scott, Skaug, Tanner(13), WisniewskiAbsent – Alfieri, HillFloor Sponsor - RaybouldTitle apvd - to SenatePassed 1st Chamber
- Vote recorded Rules Suspended: Ayes 70 Nays 0 Abs/Excd 0, read in full as required –. Result: pass.Lower
- Mar 20Read second time; Filed for Third ReadingMinor
- Mar 19Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Mar 16Reported Printed and Referred to Resources & Conservation
- Mar 13Introduced, read first time, referred to JRA for PrintingIntroduced
Environment & EnergyTechnologyEmergency Management