Utah 2026 General Session Status: Enacted 2 R cosponsors

HB 76 — Data Center Water Transparency Amendments

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 23, 2025. Enacted.

Signed by Governor Spencer Cox (Republican) on March 23, 2026.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

210 added · 215 removed

Plain-language change summary

The updated version of Bill HB 76 introduces a new focus on data centers regarding their water use. It now includes requirements for large data centers to communicate with water providers, submit reports both before construction and annually, and contains enforceable provisions for these rules. These changes are important because they aim to improve transparency about water usage in data centers, helping to manage local water resources more effectively.

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HB0076S03 compared with HB0076 {Omitted text} shows text that was in HB0076 but was omitted in HB0076S03 inserted text shows text that was not in HB0076 but was inserted into HB0076S03 DISCLAIMER:
Enrolled Copy H.B.
This document is provided to assist you in your comparison of the two bills.
76 Data Center Water Transparency Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Sometimes this automated comparison will NOT be completely accurate.
Jill Koford Senate Sponsor:
Therefore, you need to read the actual bills.
Scott D.
This automatically generated document could contain inaccuracies caused by:
Sandall Cosponsor:
limitations of the compare program;
Jake Fitisemanu Stephanie Pitcher John Arthur Sahara Hayes David Shallenberger Jennifer Dailey-Provost Jason B.
bad input data;
Kyle Jason E.
or other causes.
Thompson James A.
Data Center Water {Policy } Transparency Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Dunnigan Trevor Lee Joseph Elison Clinton D.
Jill Koford Senate Sponsor:Scott D.
Okerlund 3 LONG TITLE General Description:
Sandall 3 LONG TITLE General Description:
H Money Appropriated in this Bill:
Money Appropriated in this Bill:
B None Other Special Clauses:
None Other Special Clauses:
7 HB0076 compared with HB0076S03 None Utah Code Sections Affected:
None Utah Code Sections Affected:
AMENDS:
H.B.
73-2-25 , as last amended by Laws of Utah 2014, Chapter 369 ENACTS:
76 Enrolled Copy AMENDS:
73-5-8.3 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
73-2-25, as last amended by Laws of Utah 2014, Chapter 369 ENACTS:
73-5-8.3, Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
73-2-25.
73-2-25 .
(2) (a) Except as provided in Subsection (2)(b), the state engineer may commence an enforcement action under this section if the state engineer finds that a person:
(2)(a) Except as provided in Subsection (2)(b), the state engineer may commence an enforcement action under this section if the state engineer finds that a person:
(viii) fails to submit a report required by Section 73-3-25;[ {[} or] (ix) engages in well drilling without a license required by Section 73-3-25[.] ;
(viii) fails to submit a report required by Section 73-3-25;[ or] (ix) engages in well drilling without a license required by Section 73-3-25[.] ;
- 2 - HB0076 compared with HB0076S03 (ii) does not interfere with an existing water right;
(ii) does not interfere with an existing water right;
(A) absorbs into the ground or is released for discharge;
- 2 - Enrolled Copy H.B.
76 (A) absorbs into the ground or is released for discharge;
(5) After issuance of a final order under rules made [pursuant to ] in accordance with Subsection (3) (c), the state engineer shall serve a copy of the final order on the person against whom the order is issued by:
(5) After issuance of a final order under rules made [pursuant to ] in accordance with Subsection (3)(c), the state engineer shall serve a copy of the final order on the person against whom the order is issued by:
(6) - 3 - HB0076 compared with HB0076S03 (a) The state engineer's final order may be reviewed by trial de novo by the [district{]} ]court with jurisdiction in:
(6)(a) The state engineer's final order may be reviewed by trial de novo by the [district ] court with jurisdiction in:
(b) A person shall file a petition for judicial review of the state engineer's final order issued under this section within 20 days from the day on which the final order was served on that person.
- 3 - H.B.
76 Enrolled Copy (b) A person shall file a petition for judicial review of the state engineer's final order issued under this section within 20 days from the day on which the final order was served on that person.
Section 2 is enacted to read:
Section 73-5-8.3 is enacted to read:
73-5-8.3.
73-5-8.3 .
(i) a land use authority, as defined in Section {10-9a-103} 10-20-102, of a municipality;
(i) a land use authority, as defined in Section 10-20-102, of a municipality;
or (ii) a land use authority, as defined in Section {17-27a-103} 17-79-102, of a county.
or (ii) a land use authority, as defined in Section 17-79-102, of a county.
(ii) consists of one or more buildings that in total equals or exceeds {50,000 } 10,000 square feet;
(ii) consists of one or more buildings that in total equals or exceeds 10,000 square feet;
- 4 - HB0076 compared with HB0076S03 (A) the operator of the data center facility;
(A) the operator of the data center facility;
(A) the operator of the data center facility;
- 4 - Enrolled Copy H.B.
76 (A) the operator of the data center facility;
(f){(g)} "Operator of {the } a large data center" means the owner or operator of {the } a large data center, or other person who has comparable rights of use over a large data center, including any person responsible for allocating space for external use of information technology and network telecommunications equipment within {a } the large data center.
(g) "Operator of a large data center" means the owner or operator of a large data center, or other person who has comparable rights of use over a large data center, including any person responsible for allocating space for external use of information technology and network telecommunications equipment within the large data center.
(g){(h)} "Water provider" means:
(h) "Water provider" means:
and (c) the relevant water {supplier} provider, if any.
and (c) the relevant water provider, if any.
(3) {Beginning January 1, 2027} On or after July 1, 2026, at least {180 } 90 days, but no sooner than days, before the operator of {the } a large data center {facility } begins construction activities related to a new large data center, the operator of the large data center shall:
(3) On or after July 1, 2026, at least 90 days, but no sooner than 360 days, before the operator of a large data center begins construction activities related to a new large data center, the operator of the large data center shall:
Show all 68 changed rows (28 more)
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(a) {communicate with } notify in writing the water provider that {will provide } provides water to the area where the new large data center {facility } will be located to {demonstrate from where } detail the anticipated water consumption needs of the new large data center {facility anticipates obtaining the } so that the water provider can determine whether the anticipated water {used} consumption of the new large data center is compatible with the location in which the new large data center is being located;
(a) notify in writing the water provider that provides water to the area where the new large data center will be located to detail the anticipated water consumption needs of the new large data center so that the water provider can determine whether the anticipated water consumption of the new large data center is compatible with the location in which the new large data center is being located;
and - 5 - HB0076 compared with HB0076S03 (b) report to the division:
and (b) report to the division:
(i) the municipality , if applicable, and county in which the new large data center will be located;
(i) the municipality, if applicable, and county in which the new large data center will be located;
{(ii) {the organization of the planned large data center as a single operator enterprise or managed data center, colocated facility, or a container or modular data center;} } (iii){(ii)} the {projected } estimated withdrawal amount of water that the new large data center will {divert } withdraw annually;
(ii) the estimated withdrawal amount of water that the new large data center will withdraw annually;
{(iv) {how the projected amount of water used will be used;} } {(v) {the projected annual discharges by type and amount;} } (vi){(iii)} {how } plans to treat discharges {will be treated} , if applicable;
(iii) plans to treat discharges, if applicable;
(vii){(iv)} whether and, if so, the estimated extent to which discharge temperature will be adjusted;
- 5 - H.B.
and (viii){(v)} whether and, if so, the planned extent to which the new large data center will engage in water reuse or activities to replace water used by the new large data center.
76 Enrolled Copy (iv) whether and, if so, the estimated extent to which discharge temperature will be adjusted;
(4) (a) Subject to Subsection (4)(b), after a new large data center begins operation, the operator of the large data center shall report to the divisionfor the calendar year being reported on:
and (v) whether and, if so, the planned extent to which the new large data center will engage in water reuse or activities to replace water used by the new large data center.
{(i) {updates, if any, to the information reported under Subsection (3);} } (ii){(i)} efforts made to reduce water consumption over the {past } calendar year;
(4)(a) Subject to Subsection (4)(b), after a new large data center begins operation, the operator of the large data center shall report to the division for the calendar year being reported on:
{(iii) {a comparison of:} } {(A) {projected water use for the calendar year previous to the year being reported on;} } (B){(ii)} actual {use } withdrawals for the calendar year {being reported on;
(i) efforts made to reduce water consumption over the calendar year;
and} ;
(ii) actual withdrawals for the calendar year;
{(C) {projected water use for the next calendar year;} } (iv){(iii)} efforts to protect the environment and public from polluted water , if applicable, in the {previous } calendar year;
(iii) efforts to protect the environment and public from polluted water, if applicable, in the calendar year;
and (v){(iv)} other information required by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
and (iv) other information required by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) {Beginning January 1, 2027, an } On and after July 1, 2026, the operator of a large data center that is a new large data center shall report to the division the information required by Subsection (4)(a):
(b) On and after July 1, 2026, the operator of a large data center that is a new large data center shall report to the division the information required by Subsection (4)(a):
and - 6 - HB0076 compared with HB0076S03 (ii) (i){(A)} annually by no later than {March } July 1;
and (ii)(A) annually by no later than July 1;
and (ii){(B)} for the previous calendar year.
and (B) for the previous calendar year.
(5) (a) The division shall publish water withdrawal data for each new large data center that is reported under Subsection (3)(b) or (4)(a) on the division's public website by no later than September 1 for the previous calendar year, and not in the aggregate.
(5)(a) The division shall publish water withdrawal data for each new large data center that is reported under Subsection (3)(b) or (4)(a) on the division's public website by no later than September 1 for the previous calendar year, and not in the aggregate.
(a){(b)} {The } Notwithstanding Subsection (5)(a), the division shall treat {the information reported to the division under Subsection (3) or (4) } information as proprietary information that may not be disclosed as a protected record under Subsection 63G-2-305(2) if {the operator of the large data center complies with Section 63G-2-309, except that the division shall annually disclose by no later than July 1 aggregated and anonymized data from the reports submitted under Subsection (3) or (4) for the previous calendar year} :
(b) Notwithstanding Subsection (5)(a), the division shall treat information as proprietary information that may not be disclosed as a protected record under Subsection 63G-2-305(2) if:
or (C) Subsection (4)(a)(iv), if at the time the division requires the information by rule, the division provides that the division will treat the information as a protected record in accordance with this Subsection (5)(b).
or (C) Subsection (4)(a)(iv), if at the time the division requires the information by - 6 - Enrolled Copy H.B.
76 rule, the division provides that the division will treat the information as a protected record in accordance with this Subsection (5)(b).
(i) on the division's {website} public website, organized by county;
(i) on the division's public website, organized by county;
and (ii) to each municipality or county in which is located a new large data center required to report under {this section} Subsection (4).
and (ii) to each municipality or county in which is located a new large data center required to report under Subsection (4).
(b){(d)} Notwithstanding {Subsection (5)(a)} the other provisions of this Subsection (5), the division shall provide non-proprietary information from a report under Subsection (3) or (4) to the Division of Water Quality and the relevant water provider, if any.
(d) Notwithstanding the other provisions of this Subsection (5), the division shall provide non-proprietary information from a report under Subsection (3) or (4) to the Division of Water Quality and the relevant water provider, if any.
(6) (a) The division may enforce the reporting requirements in accordance with this Subsection (6).
(6)(a) The division may enforce the reporting requirements in accordance with this Subsection (6).
- 7 - HB0076 compared with HB0076S03 (b) If the operator of a large data center fails to submit a report required under Subsection (3) or (4) or submits an incomplete report, the division shall notify the operator of the large data center of the failure or incompleteness.
(b) If the operator of a large data center fails to submit a report required under Subsection (3) or (4) or submits an incomplete report, the division shall notify the operator of the large data center of the failure or incompleteness.
(c) If the operator of the large data center fails to submit a complete report after receipt of notice under Subsection (6)(b), the division shall impose a fine in accordance with Section 73-2-25 of up to {$10,000 } $100 for each day the operator of the large data center fails to comply with this Subsection (6).
(c) If the operator of the large data center fails to submit a complete report after receipt of notice under Subsection (6)(b), the division shall impose a fine in accordance with Section 73-2-25 of up to $100 for each day the operator of the large data center fails to comply with this Subsection (6).
Effective date.
3-2-26 11:24 AM - 8 -
- 7 -
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How this bill changes current law

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Compared against the Utah Code as published AI-generated reading aid — verify against the official bill.

The bill adds new reporting requirements for large data centers regarding water use and establishes related enforcement mechanisms.

  • Utah Code § 73-2-25

    fails to submit a report required by Section 73-5-8.3; → fails to submit a report required by Section 73-5-8.3.

    Amends the list of violations that the state engineer can enforce against to include failing to report as required under Section 73-5-8.3.

  • 73-5-8.3. Reporting by large data centers.

    Enacts a new section requiring large data centers to report specified water usage information before and after construction.

  • Utah Code § 73-5-8.3

    On or after July 1, 2026, at least 90 days, but no sooner than 360 days, before the operator of a large data center begins construction activities related to a new large data center, the operator of the large data center shall:

    Establishes requirements for operators of new large data centers to notify water providers and report anticipated water consumption prior to construction.

  • Utah Code § 73-5-8.3

    After a new large data center begins operation, the operator of the large data center shall report to the division for the calendar year being reported on: efforts made to reduce water consumption over the calendar year; actual withdrawals for the calendar year; efforts to protect the environment and public from polluted water, if applicable, in the calendar year; and other information required by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    Mandates annual reporting by large data centers on water consumption and conservation efforts post-operation.

  • Utah Code § 73-5-8.3

    The division shall publish water withdrawal data for each new large data center that is reported under Subsection (3)(b) or (4)(a) on the division's public website by no later than September 1 for the previous calendar year, and not in the aggregate.

    Requires the division to publicly disclose water withdrawal data for transparency.

Amendments

1 amendment

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Action History

  1. Governor Signed

  2. House/ to Governor

  3. House/ received enrolled bill from Printing

  4. House/ enrolled bill to Printing

  5. Enrolled Bill Returned to House or Senate

  6. Draft of Enrolled Bill Prepared

  7. Bill Received from House for Enrolling

  8. House/ signed by Speaker/ sent for enrolling

  9. House/ received from Senate

  10. Senate/ to House

  11. Senate/ signed by President/ returned to House

  12. Senate/ received from House

  13. House/ to Senate

  14. House/ concurs with Senate amendment

  15. House/ placed on Concurrence Calendar

  16. House/ received from Senate

  17. Senate/ to House with amendments

  18. Senate/ passed 2nd & 3rd readings/ suspension

  19. Senate/ placed on 2nd Reading Calendar

  20. Senate/ motion to reconsider

  21. Senate/ to House

  22. Senate/ failed

  23. Senate/ uncircled

  24. Senate/ circled

  25. Senate/ 2nd & 3rd readings/ suspension

  26. LFA/ fiscal note publicly available for HB0076S03

  27. Senate/ placed on 2nd Reading Calendar

  28. Senate/ comm rpt/ substituted [Senate Natural Resources, Agriculture, and Environment Committee]

  29. Senate Comm - Favorable Recommendation [Senate Natural Resources, Agriculture, and Environment Committee]

  30. Senate Comm - Substitute Recommendation [Senate Natural Resources, Agriculture, and Environment Committee]

  31. LFA/ fiscal note sent to sponsor for HB0076S03

  32. LFA/ bill sent to agencies for fiscal input for HB0076S03

  33. LFA/ bill assigned to staff for fiscal analysis for HB0076S03

  34. Senate Comm - Not Considered [Senate Natural Resources, Agriculture, and Environment Committee]

  35. LFA/ fiscal note publicly available for HB0076S02

  36. Senate/ to standing committee [Senate Natural Resources, Agriculture, and Environment Committee]

  37. LFA/ fiscal note sent to sponsor for HB0076S02

  38. LFA/ bill sent to agencies for fiscal input for HB0076S02

  39. LFA/ bill assigned to staff for fiscal analysis for HB0076S02

  40. Senate/ 1st reading (Introduced)

  41. Senate/ received from House

  42. House/ to Senate

  43. House/ passed 3rd reading

  44. House/ 3rd reading

  45. LFA/ fiscal note publicly available for HB0076S01

  46. House/ 2nd reading

  47. House/ comm rpt/ substituted/ amended [House Economic Development and Workforce Services Committee]

  48. LFA/ fiscal note sent to sponsor for HB0076S01

  49. House Comm - Favorable Recommendation [House Economic Development and Workforce Services Committee]

  50. House Comm - Amendment Recommendation [House Economic Development and Workforce Services Committee]

  51. House Comm - Substitute Recommendation [House Economic Development and Workforce Services Committee]

  52. LFA/ bill sent to agencies for fiscal input for HB0076S01

  53. LFA/ bill assigned to staff for fiscal analysis for HB0076S01

  54. House/ to standing committee [House Economic Development and Workforce Services Committee]

  55. House/ 1st reading (Introduced)

  56. House/ received fiscal note from Fiscal Analyst

  57. House/ received bill from Legislative Research

  58. LFA/ fiscal note publicly available for HB0076

  59. LFA/ fiscal note sent to sponsor for HB0076

  60. LFA/ bill sent to agencies for fiscal input for HB0076

  61. LFA/ bill assigned to staff for fiscal analysis for HB0076

  62. Numbered Bill Publicly Distributed

  63. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

102 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HB 76?
HB 76 is sponsored by Scott D. Sandall (Republican) and Jill Koford (Republican).
What is the current status of HB 76?
This bill has been enacted into law. Introduced December 23, 2025. Enacted.
Where can I track HB 76?
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