Articles · Water
233 data centers never returned the water survey
Of 334 data centers in the Tribune's count, 233 never returned the water board's mailed survey. ERCOT's new request carries the board's questions to data centers not yet energized.
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Records the Texas Tribune obtained for 2020 through 2025 identified 334 unique data center facilities. By the Tribune's count 101 of them submitted the water board's use survey at least once. The other 233 never submitted a requested survey.
ERCOT dated its Market Notice M-B091426-01 on September 14th, 2026. It carries water questions that ERCOT says it wrote with the utility commission and the water board, and ERCOT says it will pass the answers to the board. The request goes to data centers that are proposed or not yet energized, while the survey reaches only data centers that were operating in the year surveyed.
A mailed survey with a small fine
The Tribune reported that the survey goes to operating facilities using more than 10 million gallons a year. The water board says state law requires everyone who receives it to submit a completed one. Its FAQ names data centers among the industrial users that must.
Skipping the survey can bring a Class C misdemeanor charge, the Tribune reported, with a fine of up to $500. The board says it has no authority of its own to prosecute. Local officials are left to decide whether to bring a case. State officials don't know whether any misdemeanor penalty has been issued against a data center.
Last year 97 facilities completed the survey and reported 1.4 billion gallons of water between them.
A request that comes through the grid
The notice is addressed to developers of data centers of 25 MW and larger. It reaches developers of proposed data centers with a peak requested load of at least 25 MW and under 75 MW. A transmission or distribution provider has to have classified that load as Substantiated Load. It also reaches data centers ERCOT conditionally classified in its Batch Zero interconnection process if they have not yet energized at 60 kV or above.
Each transmission or distribution provider files the response for the developer. A complete response had to include a notarized attestation. Responses were due by 5 p.m. on October 12th, 2026. Any failure to respond will be reported to the utility commission and the Office of the Governor. The notice cites the Texas Water Code for any failure to fully answer the water questions and warns that such a failure may expose a recipient to criminal penalties.
What the record can't show yet
The survey reaches operating facilities and the request reaches proposed ones and those not yet energized. Neither the notice nor the Tribune's reporting says the 233 facilities that never returned a survey will be asked by ERCOT. ERCOT says it will work with the utility commission on a report of conclusions from its review. It expects to publish that report by December 10th, 2026. The report does not exist yet.
Raising the misdemeanor fine would take state legislation, the Tribune reported. Lawmakers don't meet in Austin until January. Governor Abbott has said he will work to put his executive actions into law when the Legislature returns. That is a stated intention, not a law.
Sources for this story
- M-B091426-01 Issuance of Request for Information Regarding Data Center State and Community Impacts
- Texas' crackdown on data centers exposes limits of state law
- Water Use Survey
- Water Use Survey and Water Service Boundary Viewer, FAQ and Guidance Videos
- Data center backlash cracks rural Texas Republican wall
Claim-by-claim verification · 57 claims
ERCOT dated its Market Notice M-B091426-01 on September 14th, 2026.
NOTICE DATE: September 14, 2026
The notice issued a Request for Information on the state and community impacts of data centers.
Issuance of Request for Information Regarding Data Center State and Community Impacts
The notice is addressed to developers of data centers of 25 MW and larger, to transmission and distribution service providers and to market participants.
Developers of Data Centers 25 MW and Larger, Transmission and/or Distribution Service Providers, and Market Participants
The request reaches developers of proposed data centers with a peak requested load of at least 25 MW and under 75 MW.
Any developer of a proposed data center facility with a peak requested load of at least 25 MW but less than 75 MW
Those smaller developers are covered when a transmission or distribution service provider has classified the load as Substantiated Load under ERCOT Protocols Section 2.1.
that has been classified by a TSP or DSP as a "Substantiated Load," as defined in ERCOT Protocols Section 2.1
The request also reaches large load entities whose data center facilities ERCOT conditionally classified as base load or studied load in its Batch Zero interconnection process.
classified by ERCOT as base load or studied load in
Those Batch Zero facilities are covered only if they have not yet energized at transmission voltage of 60 kV or above.
has not yet energized its facility or facility addition at transmission voltage (60 kV or above)
The notice says Governor Greg Abbott directed the PUC and ERCOT to act on data center projects.
Governor Greg Abbott directed the Public Utility Commission of Texas (PUC)
The notice dates that directive August 3rd, 2026 and says it called for a verification and audit of data center projects.
on August 3, 2026 to conduct a verification and audit of data center projects
The RFI asks about public financial assistance, dependency on grid power, and water sources and consumption.
including information about public financial assistance, dependency on grid power, water sources and consumption
The RFI's topics also include cooling technologies and noise, light and traffic impacts.
cooling technologies, noise, light and traffic impacts
ERCOT says it worked with the PUC and the Texas Water Development Board to develop the questions in Section C.
ERCOT has coordinated with the PUC and the TWDB to develop the questions in Section C of this RFI
Section C asks about water sources and consumption.
which seeks information about water sources and consumption
The water board's Executive Administrator authorized ERCOT to issue the Section C questions on the board's behalf.
The Executive Administrator of the TWDB has authorized ERCOT to issue the questions in Section C on
ERCOT says it will pass the Section C answers to the water board.
ERCOT will forward the responses to these questions to TWDB.
Respondents don't have to send their Section C answers to the water board separately.
Respondents are not required to separately send their responses to TWDB.
The notice cites Texas Water Code 16.012 for any failure to fully answer the Section C questions.
In accordance with Texas Water Code 16.012, any failure to fully respond to the questions in Section C
The notice warns that such a failure may expose a recipient to criminal penalties and other consequences.
may subject an RFI recipient to criminal penalties and other potential consequences.
Responses were due through ERCOT's RIOO system by 5 p.m. Central Prevailing Time on October 12th, 2026.
no later than 5 p.m. Central Prevailing Time (CPT) on October 12, 2026
A complete response had to include a notarized attestation.
Complete responses, including any required supporting documentation and a notarized attestation
Each transmission or distribution service provider files the RFI in RIOO for the data center developer.
Each TSP or DSP must submit the RFI in RIOO on behalf of the data center developer.
Service providers had two business days to enter the developer's contact details in RIOO.
must submit contact information in RIOO for the identified data center developer within two Business Days
Any failure to respond, in whole or in part, will be reported to the PUC and the Office of the Governor.
Failure to respond to the RFI or any part thereof will be reported to the PUC and the Office of the Governor.
This RFI is separate from the Batch Zero Eligibility RFI ERCOT issued on September 9th, 2026.
This RFI is separate from the Batch Zero Eligibility RFI issued on September 9, 2026.
ERCOT says it will work with the PUC on a report of conclusions from its review.
ERCOT will coordinate with the PUC to publish a report regarding conclusions based on its review
ERCOT expects to publish that report by December 10th, 2026. This is an expected date, not a report that exists yet.
ERCOT expects to publish this report no later than December 10, 2026.
The Texas Tribune reported that records it obtained for 2020 through 2025 identified 334 unique data center facilities.
Records obtained by The Texas Tribune covering 2020 through 2025 identified 334 unique data center facilities.
By the Tribune's count, 101 of those facilities submitted the survey at least once.
Of those, 101 facilities — about a third — submitted at least once
The Tribune reported that 233 of those facilities never submitted a requested survey.
and 233 facilities never submitted a requested survey
The Tribune reported that facilities which fail to complete required water use surveys can be charged with a Class C misdemeanor.
Under state law, facilities that fail to complete required water-use surveys can be charged with a Class C misdemeanor
The Tribune reported that the misdemeanor is punishable by a fine of up to $500.
can be charged with a Class C misdemeanor, punishable by up to a $500 fine
The Tribune reported that the water board says it has no authority of its own to prosecute violations.
the board says it has no authority to prosecute violations itself
The Tribune reported that Governor Abbott directed the water board to notify county and district attorneys about facilities that don't comply.
Abbott has directed the water board to notify county and district attorneys about facilities that fail to comply
The Tribune reported that local officials are left to decide whether to pursue criminal cases.
leaving local officials to determine whether to pursue criminal cases
The Tribune reported that state officials don't know whether any misdemeanor penalties have been issued against data centers.
State officials don’t know whether misdemeanor penalties have been issued against data centers
The Tribune reported that raising Water Code fines for Class C misdemeanors would take state legislation.
Increasing fines for Class C misdemeanors in the Water Code would require state legislation.
Lawmakers don't meet in Austin for the 2027 legislative session until January, the Tribune reported.
Lawmakers do not convene in Austin for the 2027 legislative session until January.
The Tribune reported that the survey goes to operating facilities using more than 10 million gallons a year.
targets operating facilities that use more than 10 million gallons per year
The Tribune reported that the survey is mailed to thousands of municipal public water systems and industrial facilities.
The survey is sent by mail to thousands of municipal public water systems and industrial facilities
The survey reaches only data centers that were operating in the year being surveyed, according to the Tribune.
The water survey only goes out to data centers that were operating in that given year.
The Tribune reported that the survey doesn't ask what technology a data center uses to cool its servers.
It does not collect information on the type of technology data centers use to cool down their very hot servers.
Citing the Texas Commission on Environmental Quality, the Tribune reported that the state can withhold certain permits or permit renewals.
The state can withhold certain permits or permit renewals
The Tribune reported that the law doesn't let the state revoke or suspend permits already issued to data centers.
the law does not allow the state to revoke or suspend permits already issued to operating or planned data centers
The Tribune reported that 267 of the 329 facilities the water board surveyed in 2025 were new to its tracking, and 22.5% of those responded.
Of the 329 facilities TWDB surveyed in 2025, 267 are new to the agency’s tracking, and only 22.5% of them responded.
The Tribune reported that 97 facilities completed the survey last year, together reporting 1.4 billion gallons of water.
97 facilities completed the survey, reporting a collective total of 1.4 billion gallons
The water board's survey page says failing to complete and return the survey is an offense punishable as a Class C misdemeanor.
A person who fails to complete and return the survey commits an offense that is punishable as a Class C misdemeanor.
The water board says state law requires everyone who receives the survey to submit a completed one.
Texas State Law requires all recipients of the Water Use Survey to submit a completed survey.
The water board's main survey page says submissions open on the first working day of January and are due March 1st each year.
Submittal of the Water Use Survey begins the first working day of January and the survey is due March 1 annually.
The water board says not returning a complete survey makes a facility ineligible for its financial assistance.
Failure to return a complete survey will result in ineligibility for TWDB financial assistance
The water board's FAQ names data centers among the industrial users required to complete the survey.
Industrial Water Use Surveys are required for manufacturing, mining, data center, and steam-electric water users
The water board's FAQ cites Section 16.012(m) of the Texas Water Code as the legal requirement to complete the survey.
Yes, it is required by Texas State Law (Section 16.012(m) of the Texas Water Code
Inside Climate News reported that TCEQ answered Governor Abbott in a letter dated October 19th.
TCEQ responded to Abbott in an Oct. 19 letter.
According to Inside Climate News, the letter from TCEQ interim executive director Steven Schar said staff are screening pending permit applications to see whether the governor's directive covers them.
TCEQ staff are screening pending permit applications to determine if they are subject to the directive.
Inside Climate News reported that Governor Abbott directed TCEQ to halt all permits sought by data centers.
to halt all permits sought by data centers
FracTracker, working with Public Citizen, identified 35 TCEQ permitting actions on data center projects after the pause, Inside Climate News reported. The count is theirs, not the agency's.
But FracTracker, in collaboration with Public Citizen, identified 35 permitting actions
The Texas Tribune reported that Abbott has said he will work to put his executive actions into law when the Legislature returns. This is a stated intention, not a law.
Abbott has said he will work to enshrine his executive actions into law when the Legislature reconvenes.
The Tribune reported that Abbott is recommending the Legislature write into law what he calls the toughest water and power guardrails in the country.
recommending the Legislature enshrine what he says are the toughest guardrails in the country on water and power usage