Scope
The State Water Control Board’s amendment of the Water Withdrawal Reporting regulation, 9VAC25-200-40 B 3, adopted in response to 2026 Acts chapters 623 and 896, requires that beginning 1 January 2027 any water user that must report withdrawal and use data and provides water to another person off site include, for each month, the total potable and, separately, reclaimed water it provided to data centers (as defined in Code of Virginia section 58.1-3506 A 43) holding a Department of Environmental Quality air permit, and, where available without billing-system changes, to domestic, commercial and industrial, and other uses. It regulates water suppliers’ reporting, not data center water use.
- Geographic scope
- Virginia
- Jurisdiction
- State
- Authority type
- Government agency
- Issuing authority
- State Water Control Board (Virginia Department of Environmental Quality)
Dates
- Adopted
- No adoption day is recorded
- Effective
- 9 September 2026
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- The regulation states no expiration. 1 January 2027 is the date from which the data center reporting category applies, not an 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
Virginia’s State Water Control Board amended its Water Withdrawal Reporting regulation to carry out 2026 Acts chapters 623 and 896 (HB 496 and SB 553). From 1 January 2027, water users that report withdrawals and supply water to others must report each month how much potable and reclaimed water they supplied to data centers that hold a state air permit, alongside other customer categories where available. The Regulatory Town Hall shows the amendment became effective on 9 September 2026, after publication in the Virginia Register on 10 August 2026.
What this does not establish
- The underlying statute, Code of Virginia section 62.1-44.38 as amended by 2026 chapters 623 and 896 (effective 1 January 2027), is not part of this record because the chapters’ approval date could not be opened from an official source that permits automated access; this record covers only the implementing regulation.
- The action was exempt from the Administrative Process Act comment stage; the Board’s own adoption date is not shown on the Town Hall pages, so no adoption date is stored.
- The regulation requires reporting by water suppliers; it does not limit data center water use.
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.
- No related action is recorded.
Sources
https://townhall.virginia.gov/L/ViewXML.cfm?textid=20773
- Virginia Regulatory Town Hall, Action 7044 / Stage 11221 (Final) stage status, Register publication and effective date
- Virginia Regulatory Town Hall, Action 7044 summary action summary naming chapters 623 and 896