Minnesota

Water-use permit conditions for large data centers

Reporting or resource-use requirement

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

Scope

Minnesota Statutes, section 103G.271, subdivision 5b, applies in issuing new or modified water-use permits to applicants that meet the definition of a data center in section 216B.02, subdivision 11, whose proposed new or additional consumptive use exceeds 100,000,000 gallons per year, or for existing permits where the permittee intends to provide more than 100,000,000 gallons of water per year to a data center. For those permits the department must ensure that public health, safety, and welfare are adequately protected; that technologies or measures promoting water conservation, efficient use of water, and watershed health are reasonably considered; and that water use conflicts are addressed as prescribed in Minnesota Rules, part 6115.0740. The commissioner must require an aquifer test under section 103G.287 if the commissioner determines the results are necessary to ensure the public-health condition. The subdivision does not prohibit data centers or set a numeric cap on their water use.

Geographic scope
Minnesota
Jurisdiction
State
Authority type
Legislature
Issuing authority
Minnesota Legislature

Dates

Adopted
14 June 2025
Effective
15 June 2025
Scheduled expiration
None scheduled
Ended
Not recorded as ended
Completion condition
None stated
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

Minnesota Statutes section 103G.271, subdivision 5b, added by the 2025 data center act, sets conditions for new or modified water-use permits for data centers whose proposed new or additional consumptive use exceeds 100,000,000 gallons per year, and for existing permits that will supply more than 100,000,000 gallons per year to a data center. The permitting department must ensure public health and safety are protected, conservation measures are reasonably considered, and water use conflicts are addressed; the commissioner must require an aquifer test when it determines the results are necessary to protect public health and safety. It took effect on 15 June 2025.

What this does not establish

  • The statute refers to 'the department' and 'the commissioner'; this record does not quote the chapter 103G definitions of those terms.
  • The primary source is the current Revisor section page; its effective date comes from the enacting session law (Laws 2025, First Special Session, chapter 12, section 4), which is tracked as a separate linked record.
  • The companion preapplication evaluation in section 103G.265, subdivision 5, is described on the act record and is not a separate record here.
  • The record does not establish that any permit has been issued, modified, or conditioned under this subdivision.

Unresolved questions

  • Whether the department has issued guidance or permit decisions applying this subdivision was not found in the opened sources.

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://www.revisor.mn.gov/statutes/cite/103G.271

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