Virginia study on groundwater, data centers calls for tighter water regulations

RICHMOND, Va. (AP) — Virginia, the world’s largest data center hub, has released a long-delayed study that examined the state’s eastern region groundwater supply and the resource-hungry industry’s possible impact on it, finding declines are likely in a critical aquifer due to population growth and industrial use and urging stricter regulations.

Produced by environmental scientists, the report — which the state for more than six months had refused to release — said regulators should have more authority to reject industrial water withdrawal permits, force entities to examine alternative sources of water and clamp down on users who might be using more water than they should be.

The report noted limits around publicly available information on data center water use but did not lay blame with the industry for the concerns raised about the aquifer.

The groundwater supply in Virginia’s populous eastern coastal plain region “is constrained, and current projections indicate declining availability in the near future,” said the report, which Democratic Gov. Abigail Spanberger’s office provided to The Associated Press Thursday.

Data centers use water, sometimes in large amounts, to cool their servers. Worries about data centers’ impact on the quality and supply of both ground and surface water — and about tech companies’ failures to be as transparent as the public would like — have dogged projects around the country. The issues have become politically explosive heading into the midterm elections.

Perhaps nowhere are those topics more resonant than in Virginia, home to hundreds of data centers with more under development and where the sustainability of groundwater, the supply stored naturally under the earth’s surface, in the coastal eastern region has been a long-running concern.

A wide range of interest groups had begun to publicly admonish the governor’s administration for withholding the report; those reviewing it Friday said its findings were sobering.

“We’re standing on the ledge,” said Jay Ford, the Chesapeake Bay Foundation’s Virginia policy manager.

Report says lawmakers should tighten regulations

Virginia enacted its first groundwater law in 1973, but legislators acknowledged it was “too permissive” and tightened it in 1992, the report said. The law remains in effect, but the report warns it should be strengthened again.

State Sen. Richard Stuart, a conservative Republican who represents Virginia’s coastal Northern Neck region and has made conservation a cornerstone of his legislative work, said he’s been making noise about the issue for at least 15 years. Increasingly, local governments in his district are being told by regulators that they will have to shift to new surface water sources because of the strain on groundwater.

He said the water crunch is happening at the same time as many new data centers are coming online across his district. He wanted more specifics, so he passed a bill requiring the study.

The report found that groundwater withdrawals in the region fell sharply roughly 15 years ago after a paper mill closed, which, along with regulatory efforts, helped water levels rise in the area’s biggest aquifer. Recently, those trends stalled, and levels throughout the aquifer are projected to resume declining, it said.

There likely isn’t enough groundwater to sustainably add any big, new industrial user, according to the study.

The report suggests the Legislature strengthen regulators’ permitting authority; require applicants who want to tap large volumes of groundwater first examine surface water or water reuse; require better planning for local water use; and beef up funding for water management staffing and equipment.

Lawmakers should also weigh in on how they want regulators to prioritize drinking water for the public with current law, which directs them to consider protecting current uses.

Stuart said Friday that while he was still processing the more than 100-page report, its summary findings were worrisome, though they will help lawmakers make tough decisions moving forward.

“Folks worry about the lack of the ability for growth. A lot of them are talking about industrial and commercial. I’m worried about our citizens having drinking water, and I’m worried about our seafood industry because they need clean water,” he said.

Data centers would struggle to get a groundwater permit, study finds

The report said most existing and planned data center capacity is located in public water supply service areas that mostly draw from surface water. But it went on to note that no comprehensive public data exists about groundwater-sourced water withdrawals from the facilities.

While it’s also not clear exactly how many data centers are under development in the state’s eastern region, 371 are in operation across the state and another 438 are planned, according to Cleanview, a company that tracks data centers and other power infrastructure development.

The report’s authors performed an analysis to evaluate what hypothetical water withdrawals from a data center would look like and whether they could be permitted.

“Under current conditions, it appears unlikely that a data center with evaporative cooling technology (or any comparable water user) would find a reliable, sufficient groundwater supply anywhere” in the region, the report said.

Groundwater management and quality as more data centers come online has also been a concern in states including Texas, Oklahoma, Nebraska, Georgia and South Carolina.

Administration initially blocked the report’s release, but Spanberger says she will act on it

The state’s delay in issuing the report had raised transparency concerns and questions about its contents, partly because of its connection to data centers.

A wide range of advocacy organizations and a committee that advises state regulators on eastern Virginia groundwater issues had begun to raise concerns in June and July about why the report due in January had not yet been made public. Stuart said he had not been able to obtain a copy of it.

The AP sought the report under an open records request, and the Department of Environmental Quality withheld it. After AP requested comment for a story about the refusal to release the report, the governor’s office provided a copy late Thursday night.

Jack Bledsoe, a spokesperson for Spanberger, who took office in January, attributed delays in the report’s release to a backlog of outstanding items from the previous governor’s administration.

“This report represents the most comprehensive analysis of groundwater resources conducted in Virginia history. Governor Spanberger is committed to working with the General Assembly to carefully evaluate its findings, strengthen the Commonwealth’s groundwater management policies, and protect Virginia’s water supply for future generations,” Bledsoe said.

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Associated Press reporters Michael Phillis in Washington and Marc Levy in Harrisburg, Pennsylvania, contributed to this report.