This bill aims to amend the Code of West Virginia by introducing a new article focused on the protection of groundwater and aquifers from depletion caused by data centers. It establishes a framework that prohibits data centers from withdrawing groundwater for cooling purposes, drilling private or industrial wells, and using groundwater as a cooling source. Instead, it mandates the use of alternative cooling methods, such as closed-loop systems, air-cooled systems, and reclaimed water sourced from municipal or industrial wastewater. The bill also outlines pre-construction requirements, including hydrogeologic impact studies and cumulative impact analyses, to ensure that potential impacts on aquifers are assessed before any construction begins.

Additionally, the bill includes provisions for monitoring and transparency, requiring data centers to install real-time water-use meters and submit monthly reports. Violations of these regulations would result in significant penalties, including cease-and-desist orders and civil fines. The legislation emphasizes the protection of private property rights, allowing landowners to take civil action for well depletion or water contamination. It also limits the rulemaking authority of agencies to ensure that no expansions of water use permissions or exemptions are created, thereby maintaining strict oversight of groundwater resources.

Statutes affected:
Introduced Version: 22-26A-1, 22-26A-2, 22-26A-3, 22-26A-4, 22-26A-5, 22-26A-6, 22-26A-7, 22-26A-8, 22-26A-9, 22-26A-10, 22-26A-11