Groundwater Reporting & Metering

Groundwater permit holders report their use to OWRB annually. On November 1, 2026, the penalty for failing to report changes, conservation gains new protection, and data center cooling becomes restricted.

The change irrigators should know about

From November 1, 2026, nonuse, conservation, or using less than your permit maximum will not diminish your future permitted equal proportional share.

This addresses a long-standing worry: that using less water than you are entitled to might cost you that entitlement later. The statute now says it does not.

Failing to report gets less severe, not more

Willful failure to file the annual report currently risks cancellation of the permit. From November 1 the available responses become penalties, fines or suspension, on proper notice and hearing under the Administrative Procedures Act. That is a graduated remedy replacing an all-or-nothing one.

Data center cooling becomes waste

New law makes it waste to use groundwater to cool a data processing facility or data center through open-air evaporative cooling systems, or any other cooling technology that consumes groundwater through evaporation or discharge without recirculation.

Groundwater permits for such facilities may issue only where the applicant demonstrates closed-loop, dielectric immersion, or comparably low-consumptive cooling that substantially recirculates groundwater and minimises consumptive loss, as determined by the Board.

Keep this distinct from the existing rule barring groundwater use for air conditioning or cooling without facilities to aerate and reuse the water. They are separate provisions.

Where complaints go

Complaints about unauthorized use go to OWRB and to the local groundwater irrigation district, where one is established. Waste by pollution is referred to DEQ or another appropriate state environmental agency.

OWRB is also directed to modernise its data collection and accept usage reports electronically.

Official resources

• OWRB, Water Permitting

Related pages

• Data centers and large loads
• Legislative watch