Ken Paxton Launches Investigation Into Data Center Water Use

Attorney General Ken Paxton (R) is investigating hundreds of Texas data center developments for compliance with state water-use reporting requirements, including facilities that have not responded to a Texas Water Development Board Survey.

What is Paxton investigating?

AG Paxton announced that the Office of the Attorney General is investigating data center developments that have not provided responses to the Texas Water Development Board's water use survey. The office said it is seeking up-to-date information on water usage from data centers across the state.

The TWDB requires annual water use surveys from certain water users, and its guidance specifically identifies data centers as facilities subject to industrial water use surveys.

Texas Water Code Section 16.012 requires surveyed entities using groundwater or surface water for municipal, industrial, power generation, or mining purposes to complete and return the survey. TWDB says failing to complete a required survey can result in loss of eligibility for certain state funding and water-right permits, as well as a Class C misdemeanor.

What Paxton said

AG Ken Paxton: "My office is currently investigating hundreds of data center developments to ensure that they are transparent about their water usage and fully compliant with the law. It is our responsibility to steward our state's land well, and we cannot do that if companies are blatantly disregarding their legal obligations to Texas and to our citizens."

Where are the investigations taking place?

The OAG said data centers are under initial investigation in Harris, Montgomery, Travis, Dallas, Tarrant, Smith, Bexar, Tom Green, Potter, Randall, Lubbock, Midland, Ector, Wichita, Victoria, Brazos, Nueces, and El Paso.