Data Centers Need to Disclose Water Impacts Before Any Land Use Approvals
As new data center proposals pop up across Montana, Upper Missouri Waterkeeper is calling on state and local officials and agencies to establish a framework for considering such proposals. Specifically, Waterkeeper is calling for formal new water use classifications and water pollution protections for industrial-scale data centers, before any development proposals can move forward.
“Right now, Montana is putting the cart before the horse when it comes to data center approvals. Serious impacts to our water are only being considered after land-use approvals are already in motion, despite many of our river basins facing extreme drought, overallocation, and unadjudicated water rights. We need to recognize data centers as a distinct industrial class, establish science-based protections for the public and water users, and protect Montana’s water by requiring transparent disclosure of impacts before these facilities receive any approvals,” said Guy Alsentzer, Executive Director of Upper Missouri Waterkeeper. “If the Legislature can create tax breaks for data centers, it can surely pass protections for our finite and valuable water resources.”
Under current Montana law, data centers can receive county land use approval through special use permits before any disclosure of water quality or water quantity impacts. This means County Commissioners may be forced to vote on land use applications without a clear understanding of the impacts these industrial facilities could have on senior water rights, nearby water bodies, and drinking water supplies. Water quality and quantity analyses typically occur after land use approvals have been granted from the County, leaving communities to react rather than proactively plan and mitigate any impacts to local water resources.
Prior to any data center development proposal approvals, baseline and common-sense water use and pollution protections should be established at the state and local level. Waterkeeper is recommending the following:
- Define data centers as a new, regulated water use
- Require zero impact standards for consumptive and non-consumptive water uses
- Develop criteria to define and prohibit data centers in sensitive ecological areas
- Define criteria for protecting public water supplies and existing senior water uses
- Prohibit use of the exempt-well loophole or state thermal exemption for water use and wastewater disposal
- Mandatory disclosure of coolants, additives, and waste disposal
- Treat data centers as industrial user class with BAT standards of care
- Develop mandatory transparency, public participation, and enforcement rules for local government and state agencies
While the impacts of individual data center proposals remain largely unknown during the approval process, known impacts of industrial-scale data centers include:
- Significant water withdrawals of up to 3-5 million gallons of water per day;
- Massive thermal pollution from cooling systems; and
- Increased wastewater disposal demands containing contaminants and PFAS (forever chemicals).
Other states have already implemented moratoriums on data centers until they have the ability to protect their communities, constituents, and water resources. Waterkeeper is calling on leaders to ensure Montana has a plan for regulating this new, rapidly growing industrial water use before data centers can move forward.
“There is a reason we say whiskey is for drinking and water is for fighting in Montana, because it’s more valuable than gold. Requiring transparency and common-sense water protections and zero impact water standards for data centers is the bare minimum all Montanans should expect from their elected officials,” added Alsentzer.