Idaho

Cooling-water limit for new data centers (Idaho Code 42-252)

Reporting or resource-use requirement

In effect This instrument is recorded as currently in effect as of the dataset date.

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.

Sources

Primary source

https://legislature.idaho.gov/statutesrules/idstat/title42/t42ch2/sect42-252/

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