West Virginia House Bill HB5590

West Virginia 2026 Regular Session

• Introduced: 2/16/26
• Refer: 2/16/26

Caption

Create a limited and predictable water-quantity review framework for High Impact Data Centers (HIDCs) in West Virginia.

Summary

HB5590 creates a narrow water-quantity disclosure and review process for certified high impact data centers in West Virginia. Before construction, a covered data center would have to give public notice of its anticipated water use and submit projected withdrawal information to the Department of Environmental Protection, including sources of water, estimated daily and monthly volumes, and a general description of intended use. The bill also requires annual reporting of actual withdrawals and comparisons to the original projections, with an allowance for existing state or federal reports to satisfy that requirement. The measure is expressly limited to water quantity and does not create a new permitting program or expand water quality regulation. The Department of Environmental Protection could condition or deny approval only if the proposed withdrawals would materially reduce available water supply below levels needed to meet existing lawful demands, including during drought or low-flow conditions. The bill also states that it does not apply to microgrids, electric generation facilities, or other industrial development, and it preserves otherwise lawful economic development when sufficient water quantity exists.

Impact

HB5590 would add a new section to West Virginia Code governing certified high impact data centers and their water withdrawals. It would require pre-construction disclosure, DEP review of projected water use, and annual reporting of actual withdrawals, while limiting agency review to whether enough water quantity remains for existing lawful users. The bill would not authorize broader environmental review, water quality permitting, or a separate permitting program, and it would affect data center developers, the Department of Environmental Protection, and potentially public water systems and other water users that could be affected by large withdrawals.

Sentiment

The available context suggests generally favorable or at least pragmatic support for the bill’s goal of creating a predictable framework for data center water use, as reflected in the caption emphasizing a limited and predictable review process. The bill text is structured to reassure stakeholders that it is narrowly tailored, avoids creating new permitting burdens, and preserves development where water supply is adequate. No committee transcript or vote record is provided, so there is no direct evidence of formal support or opposition in the materials supplied.

Contention

The main point of contention is likely the scope of state oversight over large water users, especially whether the Department of Environmental Protection should be limited to quantity review rather than broader water quality, ecological, or environmental impacts. Another likely issue is the bill’s threshold for denial or conditioning, which turns on whether withdrawals would materially reduce supply below levels needed for existing lawful demands, including during drought conditions. Data center developers may favor the bill’s predictability and narrow review, while water utilities, agricultural users, downstream users, or environmental interests may be concerned that the bill constrains agency discretion and omits broader environmental review.