Adds to existing law to establish limitations on consumptive use of water for cooling certain data centers.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 895 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO DATA CENTERS; PROVIDING LEGISLATIVE FINDINGS AND INTENT; AMEND-2 ING CHAPTER 2, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW SECTION3 42-252, IDAHO CODE, TO ESTABLISH LIMITATIONS FOR CONSUMPTIVE USE OF WA-4 TER FOR DATA CENTERS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFEC-5 TIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. LEGISLATIVE FINDINGS AND INTENT. (1) The Legislature finds8 that data centers, as defined in section 63-3622VV, Idaho Code, require sig-9 nificant amounts of water, and, therefore, finds, for purposes of sections10 42-202A and 42-222, Idaho Code, that the water required by data centers:11 (a) Conflicts with the local public interest as defined in section12 42-202B, Idaho Code;13 (b) Is contrary to the conservation of water resources within the state14 of Idaho; and15 (c) Will adversely affect the local economy of the watershed or local16 area within which the source of water for the proposed use originates,17 in the case where the place of use is outside of the watershed or local18 area where the source of water originates.19 (2) The Legislature further finds that the director of the Department20 of Water Resources is required to make findings related to these criteria21 when evaluating a new appropriation or transfer of existing water rights for22 data centers, and it is the intent of the Legislature for the director to23 consider these legislative findings regarding the data center's consumptive24 use and its impacts to Idaho's water supply.25

SECTION 2. That Chapter 2, Title 42, Idaho Code, be, and the same is26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-27 ignated as Section 42-252, Idaho Code, and to read as follows:28 42-252. LIMITATIONS ON CONSUMPTIVE USE -- DATA CENTERS. Data centers,29 as that term is defined in section 63-3622VV, Idaho Code, that begin con-30 struction on or after July 1, 2026, may not use water for cooling purposes31 as a consumptive use, unless the water is supplied by a municipal, water dis-32 trict, or water and sewer district water system.33

SECTION 3. An emergency existing therefor, which emergency is hereby34 declared to exist, this act shall be in full force and effect on and after35 July 1, 2026.36