Scope
Idaho Code section 42-252, added by 2026 Session Laws chapter 291 (House Bill 895), provides that data centers, as defined in section 63-3622VV, that begin construction on or after 1 July 2026 may not use water for cooling purposes as a consumptive use unless the water is supplied by a municipal, water district, or water and sewer district water system. Section 1 of the bill states legislative findings about the water required by data centers for purposes of water-right appropriation and transfer decisions by the director of the Department of Water Resources.
- Geographic scope
- Idaho
- Jurisdiction
- State
- Authority type
- Legislature
- Issuing authority
- Idaho Legislature
Dates
- Adopted
- 2 April 2026
- Effective
- 1 July 2026
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- The section states no end date.
- Source document
- The source page states no document date
- Last checked
- 23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
Idaho's House Bill 895 of 2026, Session Law chapter 291, added Idaho Code section 42-252. Data centers that begin construction on or after 1 July 2026 may not use water for cooling as a consumptive use unless the water comes from a municipal, water district, or water and sewer district system. The bill also records legislative findings on data centers' water needs for the Department of Water Resources to consider in water-right decisions. The Governor signed it on 2 April 2026 and it took effect on 1 July 2026. It does not apply to data centers that began construction earlier, and it is not a statewide prohibition on data centers.
What this does not establish
- The restriction reaches only data centers, as defined in the sales tax exemption statute (section 63-3622VV), that begin construction on or after 1 July 2026. The record does not establish which facilities are covered.
- The legislative findings in section 1 of House Bill 895 are directed at water-right decisions by the Department of Water Resources; no department rule, guidance or decision applying section 42-252 was found or opened.
- The adoption date is the Governor's signature date reported on the Legislature's bill page (2 April 2026); the 1 July 2026 effective date comes from the same page and section 3 of the bill.
Unresolved questions
None recorded.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- Related, not a replacement Sales and use tax exemption for data center server equipment (In effect)
Sources
https://legislature.idaho.gov/statutesrules/idstat/title42/t42ch2/sect42-252/
- Idaho Legislature, House Bill 895 (2026) bill page signature date, session law chapter and effective date
- Idaho Legislature, House Bill 895 bill text legislative findings (section 1) and effective-date clause