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UMRR blog

How to Comment on Proposed WOTUS Definition

12/21/2025

 
On November 15, the US Environmental Protection Agency proposed new rules clarifying the definition of Waters of the United States (WOTUS).  These proposed rules are based on the altered definition of the Clean Water Act in the US Supreme Court's 2023 Sackett decision.  Here, the Supreme Court found EPA's working definition of Waters of the US to be too broad, too vague, and that it exceeded the authority granted by the Clean Water Act (CWA) concerning the traditional balance between federal and state power over private property.

The proposed rules would significantly limit federal jurisdiction over wetlands and ephemeral streams, leaving these water bodies unprotected in states where there is not also state wetland regulation that would cover them.  Comments are due to US EPA by January 5.  ​
LWV UMRR's WOTUS Subcommittee has analyzed the proposed rule and identified ways it will impact the Mississippi River.   A comment letter was developed;  it was approved by LWV US and the state Leagues of Illinois, Iowa, Minnesota, Missouri and Wisconsin all added their signatures.  This letter was submitted to US EPA on December 29, 2025.​
This is the full comment letter as submitted to US EPA on December 29:
lwv_umrr_wotus_rule_response_12-29-25.pdf
File Size: 364 kb
File Type: pdf
Download File


​THE PROPOSED RULE WAS ANNOUNCED at 1pm ET 11/17/25. Public comments are now being accepted here.  The deadline for those comments is January 5, 2026.
Click here to access the comment site
New Guidance for Comment Periods Under Trump Administration 
During this comment period, it is critical that each group and individual provide its own unique comment tailored to the individual situation. The Trump administration is now flagging and discarding comments that appear too similar or duplicative, so the more personalized you and your organization can make your comment, the better.
​

Key principles for written and verbal testimony:
  • Make it personal - Share your relevant demographics- constituency, geographic, impacts, etc.
    • Why does clean water matter to you? Use your comments to add a personal face to this national problem. The more ways people use water the better
    • If you are making a connection to waters in your state/state impacts, you can use NRDC map and report to pull out examples: https://www.nrdc.org/resources/mapping-destruction
    • If there are any flooding, pollution, development issues (eg property got developed and now there are no birds)
    • If you have a farm, get water from wells for irrigation, drinking water, etc.
    • Any info on/ connection to impacts such as…flooding is worse in recent years, streams that used to flow all the time are now dry, etc.
  • Make a clear ask ​
On December 22,  LWV UMRR held a webinar to share our comments.  You can watch the 45-mnute recorded video by clicking the button below.  
Click here to view the recorded webinar

Comments on Changes to WOTUS Decision

12/14/2025

 
A team of scientist's from LWV Upper Mississippi River Region reviewed the draft changes to the definition of Waters of the US, and has drafted comments that were submitted to LWV US for review.  LWV US's approval was necessary before the comments can be submitted because it's a federal issue.   The approval was granted on  December 17, 2025, and the letter was submitted to US EPA on ...  

This is the comment letter in its entirety.  
umrr_wotus_rule_response_12-15-25_as_amended.pdf
File Size: 307 kb
File Type: pdf
Download File

​The comments are based on the LWV position on Environmental Protection and Pollution Control (Impact on Issues 2024-26, page 110.
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Summary of the Comment Letter:

What is the proposed 2025 USEPA WOTUS Rule?
  • It is the EPA and Army Corps of Engineers’ (ACE) effort to develop regulations to implement the 2023 Supreme Court Sackett decision to change the WOTUS, found to be too broad, too vague, and exceeded the authority granted by the Clean Water Act (CWA) concerning the traditional balance between federal and state power over private property, without clear language to implement this.
 
  • The “nexus” approach implemented in 2015 attempted to account for protection of the physical, chemical, and biological aspects of water and connectivity, was found to be inconsistent with the CWA's text and structure and a source of regulatory uncertainty for landowners.
 
What’s included in the proposed EPA 2025 WOTUS Rule?
Revisions to key definitions:
  • “Relatively permanent waters”: only includes bodies of surface water that are standing and continuously flowing
  • “Continuous surface connection” for wetlands: wetlands must physically touch a regulated water body to qualify
  • “Tributaries”: must connect to a navigable water body, directly or through other connected features
New and clarified exclusions proposed:
  • Intrastate lakes or ponds or interstate waters, unless otherwise jurisdictional
  • Groundwater
  • Waste treatment systems
  • “Prior converted” farmland and certain ditches
Comment Letter Comments
  1. Role and Significance of EPA to the Clean Water Act
This was provided in previous testimony, and we have indicated that in the letter.
      2 .Failure to Rely on the Significance of Connectivity and Ecosystem Function
  • proposed rule only recognizes physical connectivity of the hydrologic systems, ignoring chemical and biological
  • fails to follow the mandate of the Clean Water Act to the physical, chemical, and biological integrity of US waters.
  • removes water bodies from jurisdiction that continue to play a role in filtering pollutants, aquifer recharge, flood control, habitat and diversity, and other functions. Even if they don’t have a connection as defined in the proposed WOTUS, they are a part of the hydrologic system.  Ephemeral streams and intermittent streams act as natural buffers to prevent flooding.
  • the proposed definition of WOTUS focuses on permanence and what you can see with the naked eye of a farmer or developer
  • removal of protections from upstream waters in states that have no water protections now can negatively impact downstream waters with contaminants, our example is the dead zone in the Gulf of America
2. Consequences of Narrowing the Definition of WOTUS on the Upper Mississippi River Region
  • Losses and impacts due to the implementation of the amended WOTUS definition in the UMMR are discussed in this section. 
 
  • These include wetland quantity, water quality, drinking water, habitats and biota, extreme weather, geological complexity, agricultural concerns, increased mining pressure, increasing number of data centers, and impacts to states that rely on federal protection for waters in their states, Iowa and Missouri.
 
3, Alternatives Regarding the Proposed 2025 WOTUS Rule
  • Congress amend the CWA and with a statutory definition of WOTUS that explicitly includes wetlands and streams based on their physical, chemical, and biological connection to navigable waters, regardless of a continuous surface connection. 
 
  • legislation could 1) clarify that EPA and ACE have discretion to use the best available science, including connectivity of waters that are not permanent, when specifying jurisdiction, and 2) recognize state authority over land and water resources.
 
  • other alternatives include various ways to amend the CWA, including adding definitions of the significant nexus standard and continuous surface connection, and including rather than excluding ephemeral and intermittent waters.
 
  • All of these alternatives would address the clarity of scope and specificity of authority found lacking by the Supreme Court in the Sackett decision.
 
  • Use of a more integrated method with scientific data to confirm the hydrologic connection and state legislation that accounts for all aspects of connectivity to support waste and wetlands functions are two other alternatives

Data Center Gold Rush: Diving into Water Demands

11/23/2025

 
Most of the recent articles and webinars on data centers focus on their energy use, but there is another significant concern:  Water use.  The reality is, in this modern gold rush, there are more proposed hyperscale data centers than our water resources can support. These proposed projects don’t fit into our permitting and regulatory systems.  CURE is a leader on the rapidly emerging issues around data center development. 

As leaders on the rapidly emerging issues around data center development in the upper Midwest and nationally, CURE's Peg Furshong and Sara Mooradian will share lessons learned about how a lack of transparency harms communities across the country. The reality is, in this modern gold rush, there are winners and losers, and currently there are more proposed hyperscale data centers than our infrastructure and resources can support. These proposed projects don’t fit into our permitting and regulatory systems. We will look at why this matters for our communities, with a focus specifically on water.
​
Video now posted!  
Here's CURE's fact sheet on Data Centers.
20251108_data-centers-in-mn.pdf
File Size: 1082 kb
File Type: pdf
Download File

CURE is sponsoring a further series of webinars on a variety of topics relating to data centers - follow the link below to sign up!  

Data Centers - the 800 Megawatt Gorilla in the Room
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Peg Furshong and Sara Mooradian
Sarah Mooradian                                                                                        
Government Relations & Policy Director                                                                                                                                     
Sarah works on issues related to false climate solutions, rural electric cooperatives, siting and local power, clean transportation, and natural and working lands, participating in processes before state agencies like the Public Utilities Commission and at the state legislature. Previously, Sarah clerked for the Minnesota Court of Appeals. She has also worked on projects concerning tribal rights and land management, northern Minnesota mining, and New England’s surface water use.
Sarah is a graduate of the University of Minnesota with degrees in Journalism and Sociology and Vermont Law and Graduate School with a J.D. and a Master of Environmental Law and Policy. She is passionate about protecting the environment and believes that success comes, in part, from changing both public policy and societal attitudes about nature.
 
Peg Furshong
Constituent Relations & Special Projects
Peg is responsible for CURE’s Constituent Relations and Special Projects. These projects include water sustainability, landowner and community engagement for CURE’s NO Carbon Pipelines Campaign and coordinating outdoor engagement. Previously, Peg built the organization’s nature-based educational and experiential engagement programs, including initiatives like the Tallgrass Prairie BioBlitz and Freshwater Mussel Field Days. She also established CURE’s lasting partnership with the Minnesota Master Naturalist Program, where she continues to serve as a volunteer instructor.
Peg is a graduate from Montana State University-Billings with a Master of Science in Education Leadership with an emphasis in Information, Process & Communication (IPC).  She is a volunteer Commissioner for the Greater Minnesota Regional Parks and Trails Commission. In 2025, she was appointed to the Minnesota Attorney General’s Task Force on the Future of Minnesota’s Water.
 
CURE is a rurally based nonprofit that protects and restores resilient communities and landscapes by harnessing the power of the people who care.   Learn more about CURE here!

From Fields to the Gulf: How Agriculture Shapes the Mississippi River

11/23/2025

 
A conversation with Dr. Chris Jones
December 11, 2025 at noon, Via Zoom
What's really flowing down the Mississippi? From midwestern farm fields to the Gulf of Mexico, the story of water, agriculture, and the River's health affects us all. On December 11, LWV UMRR and One Mississippi hosted a fascinating conversation with author and research engineer Dr. Chris Jones, whose acclaimed book The Swine Republic pulls back the curtain on how modern agriculture drives water pollution—and what it will take to turn the tide.

Whether you're interested in farming and agricultural policy or simply care about water and our Mighty Mississippi, this program will leave you with a deeper understanding of how upstream actions ripple all the way to the Gulf.  
Click here to see the video
 Further Links and resources:
  • Bookshop: The Swine Republic by Dr. Chris Jones
  • Substack: The Swine Republic 
  • Become a River Citizen - invite your friends
  • Support Driftless Water Defenders
  • Support One Mississippi
  • Support League of Women Voters UMRR ​
Dr. Chris Jones bio:
Until recently, Chris Jones was a Research Engineer with IIHR-Hydroscience & Engineering at the University of Iowa. He holds a PhD in Analytical Chemistry from Montana State University and a BA in chemistry and biology from Simpson College. Previous career stops include the Des Moines Water Works and the Iowa Soybean Association. As an avid outdoorsman, he enjoys fishing, bird watching, gardening, and mushroom hunting in both Iowa and Wisconsin. While he spends most of his time in Iowa City, he is especially fond of the Upper Mississippi River and the Driftless Area of Iowa, Minnesota, and Wisconsin. He recently retired from the Univ. of Iowa, and in addition to his Substack and many speaking engagements, he has become executive director of Iowa Driftless Water Defenders (DWD).
Dr. Jones has over 5,000 subscribers on his Substack, which he describes as: "Writing about confluence of agriculture and environment from the heart of the big ag beast here in Iowa."                                                                           
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Subscribe to Chris's Substack here.

US EPA proposes new definition of Waters of the US - omitting wetlands and small streams

11/18/2025

 
On November 15, the US Environmental Protection Agency proposed new rules clarifying the definition of Waters of the United States.  These proposed rules are based on the altered definition of the Clean Water Act in the Sackett decision.   US EPA states that the proposed rule will "play a key role in EPA's Powering the Great American Comeback initiative"... 
From the US EPA WOTUS webpage:
Updated Definition of Waters of the United States
On November 17, 2025, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal implements the Supreme Court's decision in Sackett v. EPA. The proposed rule will play a key role in EPA’s Powering the Great American Comeback initiative by protecting water resources, strengthening cooperative federalism, and supporting American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners.

In developing the proposed rule, EPA and the Army reviewed and considered the extensive feedback and recommendations the agencies received from States, Tribes, local governments, and stakeholders throughout consultations and the pre-proposal recommendations docket and listening sessions. 

Here is the proposed rule 

Proposed Rule: Updated Definition of "Waters of the United States" (Pre-publication Version) (pdf) (1.12 MB)
These rules go further in removing Clean Water Act protections than was necessary under the Sackett decision, including fully excluding groundwater from the Clean Water Act and requiring that wetlands are only protected if they abut a jurisdictional water and have surface water at least during the wet season.    The excerpt to the right is from an US EPA factsheet prepared for the proposed rule release.

The current federal definition of Waters of the US, adopted on August 9, 2023, fully implemented the Sackett requirements.   

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The League of Women Voters supported the Clean Water Act's passage 50+ years ago - the following excerpt is from the LWV US Impact on Issues, page 108:
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LWV UMRR has covered the Sackett decision in meetings and blog posts: 

The Clean Water Act implementation after Sackett

What does the Sackett decision mean for our waters

Healthy Communities  - our water and watersheds

Sackett vs EPA Supreme Court decision limits extent of clean water act jurisdiction

And from the Mississippi River Ag and Water Desk:
Down the Drain - Wetlands in the Mississippi Basin


Data Center Conference brings together developers, local officials and environmental groups

11/15/2025

 
On November 12, the Southern Minnesota Initiative Foundation and Region Nine Planning Comission co-sponsored a conference on data centers.   The event, co-hosted by Benya Kraus, president and CEO of Southern Minnesota Initiative Foundation and Sabri Fair, environment and sustainability planner for the Region Nine Planning Commission, brought together legislators, local officials, researchers and utility leaders to discuss how communities can prepare for both the opportunities and the challenges of this fast-expanding industry.

The Mankato Free Press reports that 
Kraus opened the forum by outlining its purpose — to educate local leaders and residents about data center technologies, the infrastructure demands they bring and how to plan collectively for sustainable growth.  “We’re not holding this event to convince you of one way or another, but to expose intentionally a range of different perspectives,” Kraus said. “Today is the start of the conversation.”
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Senator Nick Frantz addresses the group. Standing in the background is Benya Kraus, and seated front is Sabri Fair. Photo - Mankato Free Press
One message was clear — as data centers expand across Minnesota, communities face a pivotal moment to define how this industry will grow, with an emphasis that communities need reliable data, proactive planning and strong local voices in decision-making.
Environmental groups engaged on the topic:

MCEA webpage on data centers

Coalition for Responsible Data Center Development

More to be added in this section
​

Text of MFP article: ​NORTH MANKATO — A packed auditorium at the South Central College North Mankato campus gathered Wednesday afternoon for a regional forum on the growing wave of conversations surrounding data center development across Minnesota.
The event, co-hosted by Benya Kraus, president and CEO of Southern Minnesota Initiative Foundation and Sabri Fair, environment and sustainability planner for the Region Nine Planning Commission, brought together legislators, local officials, researchers and utility leaders to discuss how communities can prepare for both the opportunities and the challenges of this fast-expanding industry.
Kraus opened the forum by outlining its purpose — to educate local leaders and residents about data center technologies, the infrastructure demands they bring and how to plan collectively for sustainable growth.
“We’re not holding this event to convince you of one way or another, but to expose intentionally a range of different perspectives,” Kraus said. “Today is the start of the conversation.”
The session was structured around two panels exploring technical foundations, environmental impacts and strategies for community benefit.
Mechanical engineer Thom Jackson defined data centers simply as “a room full of computers” that are essential facilities powering modern digital life — from streaming services and online banking to artificial intelligence. He explained the range of data center types, from small enterprise operations to massive hyperscale campuses, and the resources required to operate them, including large-scale energy and cooling systems.
Economic potential meets environmental concern
In a survey conducted at the beginning of the event, attendees were asked what potential benefits they saw data centers and artificial intelligence bringing to their communities. Responses highlighted employment opportunities, economic advancement and expanded tax revenue as top advantages.
When asked about concerns, however, the responses told another side of the story — water usage, energy demand and environmental impacts topped the list. That tension between growth and sustainability carried throughout the day’s discussions.
“Water in our area is a common-pool resource,” Andi Sutton, executive director of Southeast Regional Sustainable Development Partnerships said of the Zumbro River Watershed serving southeast Minnesota. “Right now, decisions about water use are very siloed. One of the questions that our city administrator leaders are bringing is, ‘how can we make better collective decisions about where and how data centers are sited?’”
Current legal debates were also discussed, including two lawsuits in Minnesota challenging the use of Alternative Urban Areawide Reviews for evaluating large industrial developments — one of them being against the city of North Mankato. Tom Hagen of North Mankato asked panelists how these processes can be more transparent to the public.
“I think the problem here that we’re seeing with data centers in particular, is how large they are. These are hyperscale data centers. When you add in this level of secrecy, that’s where people are struggling,” said Sarah Mooradian, government relations and policy director for CURE, an environmental advocacy group. “There’s an element that we’re seeing where there’s at least the perception of conflict.”
Carrie Jennings, research and policy director for the Freshwater Society, reminded attendees that water management is already a pressing issue. She referenced a 2009 report finding that the Mt. Simon aquifer, southern Minnesota’s primary water resource, was being used faster than it could recharge. Jennings also raised concerns about transparency, describing how some cities under non-disclosure agreements with high water-use companies excluded residents.
“There’s a tension here,” Jennings said. “How can we balance economic development with the need to ensure future water availability for our communities and ecosystems? Stakeholder participation is the piece that’s most often missing, especially in this development process.”
Legislative developments
Minnesota Senator Nick Frentz said Minnesota’s goal of 100% clean energy by 2040 means as data center growth accelerates, they must rely on renewable power.
“We have some of the toughest environmental regulations in the country, and we are proud of that,” Frentz said. “We also have these economic opportunities which are profound. As legislators, we have to balance the budget.”
Minnesota currently has 41 data centers operating across the state and Frentz said electricity demand could double within two decades. New legislation now requires these facilities to report water usage twice a year, with Frentz calling it “landmark legislation.”
“The water in the largest of data centers uses above 100 million gallons a year,” Frentz said. “But we have a long history in Minnesota of protecting water.”
He added that the Department of Natural Resources and the Public Utilities Commission now have stronger roles in permitting, with authority to require aquifer tests and to consider community and environmental impacts before approving projects.
Planning for growth and community benefit
Thomas Lambrecht with Great River Energy, Andy Wilke with Greater Mankato Growth along with Mooradian discussed how cities can navigate confidentiality agreements during early talks with developers, emphasizing that open communication can reduce public distrust and improve collaboration. Sustainable design was identified as essential to minimizing long-term environmental costs.
“We definitely promote and work with all customers to understand sustainability options. Water conservation is one of those things,” Lambrecht said, noting some of the “biggest challenges in data center development” include landowner control, public perception, regulatory issues and political support.

Minnesota Data Center Law became law June 14, 2025

11/15/2025

 
To begin to address the controversy over data centers, the Minnesota Legislature passed a new framework for data center incentivization, evaluation and regulation.  This bill (SSHF16) tries to balance economic goals with environmental protections. A summary of the bill is provided concluding this blog post.  

Minnesota Public Radio described reactions to the bill in this June 18 article:
​
​
State lawmakers extended a lucrative tax break that helps lure data centers to Minnesota in a compromise bill passed during a special session earlier this month.
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But they also added new regulations on the booming data center industry aimed at protecting the environment, including the state’s water supply and climate goals, as well as electricity customers.

The explosion of artificial intelligence and cloud computing has spurred a building boom of massive facilities that store computer servers and equipment. The largest “hyperscale” data centers can consume millions of gallons of water a year, and use as much electricity as the entire city of Minneapolis.

Some environmental and citizen groups who pushed for tougher rules on data centers don’t think the bill goes far enough.  “It represents just the start to actually effectively addressing the risk that data centers pose to Minnesotans,” said Aaron Klemz, chief strategy officer for the Minnesota Center for Environmental Advocacy.

The legislation will require data center developers to connect with the Minnesota Department of Natural Resources earlier to make sure a proposed location has an adequate water supply. 
​
State Sen. Nick Frentz said data centers will need to share more information about how much water they'll use.
"Nowhere in the country do Google, Meta, Amazon have to report on water in quite this way,” said Frentz, DFL-North Mankato. “So I think it is nation-leading, and I think rightly so.”  


Also in the bill: Utilities can’t pass the cost of supplying electricity to data centers onto other customers, or use the growth of data centers as an excuse to avoid meeting the state’s mandate for carbon-free electricity by 2040.  “That is the state’s standard for our clean energy goals. It’s really the bedrock rule that we want these data centers to understand,” Frentz said.

Large data centers will be required to pay $2 million to $5 million a year into an account to help low-income Minnesotans weatherize their homes and conserve energy.

State Rep. Patty Acomb, who pushed for tougher rules for data centers, said the bill includes about 80 percent of what she wanted. But she’s disappointed it doesn’t require an in-depth environmental review of new data centers.  "If you have a facility that big, you need to also be looking at the full environmental impacts,” said Acomb, DFL-Minnetonka.

The bill doesn’t include setback requirements, height limits or other protections for people living near large data centers, such as one proposed to be built on a former golf course in Farmington.  And it doesn’t stop cities from signing non-disclosure agreements that prevent them from sharing information about the projects, Klemz said.  “We think there needs to be much more rigorous and upfront disclosure to the public about what is being proposed in their community,” he said.

Environmental groups also say the water regulations largely reflect what's already in the law, rather than adding new protections.

Data centers that use more than 100 million gallons of water a year must consider using water conservation technology, such as closed-loop systems that recycle water for cooling. But those measures are not required, said Sarah Mooradian, government relations and policy director for the nonprofit Clean Up the River Environment, or CURE.

“There’s nothing in this bill that says a data center would have to employ any type of water conservation or efficient use of water, or even explain why they maybe chose one method over another,” Mooradian said.  CURE and other environmentalists also wanted the Legislature to prevent large data centers from avoiding scrutiny by using water provided by cities’ municipal systems, instead of seeking their own water-use permit. But the bill doesn’t stop this practice.

The compromise didn't entirely satisfy supporters of data centers, either.
Labor unions that view data centers as job creators are happy lawmakers extended a sales tax exemption on computer servers and other equipment for 35 years. It had been set to expire in 2042. 
But the legislation takes away another sales tax break on the electricity that data centers use.  That will make Minnesota less competitive for projects, said state Rep. Shane Mekeland, R-Clear Lake, who points out that Amazon recently suspended plans to build a large data center in his district.  “They’re literally going to the neighboring states that extended that sales tax energy exemption weeks before we killed it off,” Mekeland said.

Some lawmakers didn’t want to see any tax breaks extended to data centers, which are often owned by some of the world’s biggest technology companies.
“The reason that I’m going to be a no on this bill is because I am anti-tax breaks for billionaires,” said Rep. Athena Hollins, DFL-St. Paul, during the floor debate.  

Frentz said the question shouldn’t be whether the companies’ owners are benefitting, but rather, “what’s best for Minnesota.” Data centers provide thousands of well-paying jobs and pay millions in local taxes, he said.   “And with proper environmental protection — as every other state in the country is looking at — we want to encourage the development of these, just like we would any business,” Frentz said.

The debate over data centers is likely to continue at the state Capitol. Acomb said she plans to try again to pass tougher language.  

In the meantime, Minnesota’s cold climate, available renewable energy and financial incentives likely will continue to attract data centers. At least 11 major ones are proposed to be built in Minnesota, most in the southern Twin Cities suburbs.  “I think we have lots of reasons that data centers will look to come here, and the tax cuts [are] just one more,” Acomb said.
The following bill summary was prepared by Jim Stark, Director of the Legislative Subcommittee on Minnesota Water Policy:

Data centers house a technology company’s information technology hardware. They run the internet and mobile applications, and they are getting bigger and use more electricity,` and more water as a cooling agent for their equipment. With an influx of proposed data centers, and other water-intensive development in Minnesota, the siting and design of these facilities is critical to the future of drinking water supplies and aquatic ecosystems.
 
However, the Omnibus Environment Bill included funding for a GIS platform to identify sites with the least amount of conflict for complex development projects. Rep. Patty Acomb (DFL-Minnetonka) was a lead legislator focusing on data center issues as co-chair of the House Energy Finance and Policy committee. Rep. Acomb, Sen. Ann Johnson Stewart (DFLPlymouth) and others co-authored HF3007/SF3320, which proposed a suite of provisions for increased oversight of water-intensive projects and laid the groundwork for a data center bill that passed during the special session.
 
Data Center bill (HF16/SF19) – The special session agreement between leaders included a standalone data center bill, HF16. This bill included energy and water provisions, as well as definitional and policy provisions around hyperscale data centers, and it passed the House 85-43 and the Senate 40-6. In one of its final acts of the 2025 special session, the House passed a bill setting environmental and energy regulatory requirements for data centers and modifying their sales and use tax exemptions. Sponsored by Rep. Greg Davids (R-Preston), SSHF16 was passed 85-43 and sent to the Senate where it was passed 40-26 and was signed by the Governor. Among the bill’s provisions, it would:
 
• establish annual fees linked to a large-scale data center’s peak electricity demand of between $2 million and $5 million.
• extend the state’s sales tax exemption for software and information technology equipment to largescale data centers to 35 years.
• require pre-application evaluation of projects using more than 100 million gallons of water per year and setting permit conditions.
• institute prevailing wage requirements for laborers and mechanics constructing or refurbishing largescale data centers.
• require data center inquiries to be referred to the Department of Employment and Economic Development’s Minnesota Business First Stop program.
• allow the Public Utilities Commission to approve, modify or reject tariff or energy supply agreement with a data center.
• require each public utility to offer a clean energy and capacity tariff for commercial and industrial customers.
• include large-scale data centers in the state’s solar energy standard.
• exempts large-scale data centers from requirements under an energy conservation optimization plan; and
• establish that large-scale data centers must attain certification under one or more sustainable design or green building standards.
 
HF16 also created a formal DNR preapplication review process for data centers planning to use over 100 million gallons of water annually. The evaluation is required before a permit application is filed. HF16 establishes permit conditions for water use permits for data centers consuming more than 100 million gallons of water per year. These conditions include requiring protection for public welfare, water conservation practices, and conflict resolution for water use; an aquifer test can also be required as needed. 

Data Centers - background and resources

11/15/2025

 
Data Centers - just speaking these words draws a spectrum of reactions.  Necessary!  Necessary evil!  Economic gold mine!  Environmental disaster!  Depending on where you stand, your view of data centers will be different.

Maybe it's all true.  The data we use, that you are using now to read this, needs servers to house and transport it.    Construction of a data center takes lots of workers, so lots of jobs in construction, and then there will be workers needed to maintain the facility and equipment.  Community benefit agreements bring added funds into the community for a variety of needs like low-income power assistance, parks, schools and more.   Environmentally, data centers can use a lot of water and electricity, but they can be built to fully recycle water and use sustainable power.  Careful zoning can mitigate sound and visual issues.   

It's important that we are informed on this issue so we can participate fully in the discussion.  
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The 2025 Special Legislative Session included a stand-alone Data Center bill - HF16 -  which was signed into law on June 14.   This bill clarified a number of environmental and economic issues around data centers.  It was a negotiated bill and did not address all issues, but is a start. This post on the LWV UMRR blog provides links to the legislation and a summary both of the bill's provisions and people's reactions to it.  ​
This short video from AP give s a good overview:
MinnPost has run a series of articles on data centers in Minnesota.  The Minnesota Star Tribune has reported on current events as they unfold.  Some additional resources:

Data centers consume massive amounts of water - companies rarely tell the public exactly how much.  This article looks at water use in major data centers.  It's authored by Peyton McCauley,  water policy specialist, Sea Grant UW Water Science-Policy Fellow at the University of Wisconsin-Milwaukee and Melissa Scanlan, professor and director of the Center for Water Policy, School of Freshwater Sciences, University of Wisconsin-Milwaukee

Can data centers lead to higher energy prices?  This article gives a resounding YES and backs it up with data.  This is a Fact Brief from MinnPost.

When done right, data centers can be community assets.  In this opinion piece, authors 
Luke Gaalswyk ,CEO of Ever-Green Energy, and Gregg Mast, executive director of Clean Energy Economy MN, outline benefits that can accrue to communities that host data centers.  

Why local officials in Minnesota are signing non-disclosure agreements.  In this news article, author Brian Arola, looks at the use of non-disclosure agreements in economic development settings.  

What new rules for data centers mean for the environment and the industry’s future in Minnesota, an article by Walker Orenstein for the Minnesota Star Tribune.   This article reports on the new Data Center law passed in Minnesota.

Developer halts two Minnesota data centers over permits for backup generators, also by Walker Orenstein for the Minnesota Star Tribune.  

​

Poop to Clean Power

11/3/2025

 
In February 2023, LWV UMRR hosted Tracy Hodel, St. Cloud Public Works Director, talking about how St Cloud, Minnesota, is turning wastewater to energy and fertilizer and making their city more sustainable.  Now, their electrolyzer is about to come on line, and St. Cloud will have the first wastewater treatment plant in the world to produce green hydrogen and use the byproducts of oxygen and heat waste
Hodel's talk is posted on the LWV UMRR Blog at this link.  
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“I feel like energy is the sexy part of it, right? Nobody wants to talk about the solids part, but it is converting something that people think of as a waste product into something very, very valuable.”
This article, from the Minneapolis Star Tribune  on October 6, highlights St. Cloud's accomplishments!  

What's the big idea
The mission of St. Cloud’s wastewater treatment plan is simple: clean the water flowing in from toilets before it is released into the Mississippi River. But why stop there? After dreaming up — and finding the funding for — a few special projects, the city is now at the forefront of wastewater ingenuity. It is using waste to make fertilizer for farmers. It is using power harnessed from the breakdown of local manufacturers’ wastewater to create 100% renewable energy to power the treatment facility. And when the city’s new $3 million electrolyzer — a device that splits water into hydrogen and oxygen — is installed in the coming months, St. Cloud will have the first wastewater treatment plant in the world to produce green hydrogen and use the byproducts of oxygen and heat waste.
 
What makes it uniquely Midwestern
The innovation is built on lofty goals and cutting-edge science, and yet it’s practical and understated. The city’s science fiction-y projects started as a way to become more efficient and save operating costs by purchasing energy from solar gardens and installing solar panels on city buildings. The city then built its own small solar array at the wastewater treatment campus in 2016. With each successful innovation, leaders dreamt up more ambitious ideas.
 
About a decade ago, former Mayor Dave Kleis set a goal for the city to be 75% renewable by 2035. It exceeded that goal by becoming 100% renewable in 2020, and today, the city produces three times as much energy as it uses. Its energy initiatives save between $1 million and $2 million each year from the city’s budget.
 
The city sells its solid fertilizer product and gives its liquid fertilizer to area farmers for free. Meanwhile, the waste-to-energy program produces heat and power for the facility at a substantial savings. The plant is able to produce energy for about 3 cents per kilowatt-hour, while typical energy customers pay an average 14 cents.
 
St. Cloud City Administrator Tracy Hodel calls it “poop to power.” She’s made stickers with the phrase to get the word out.
 
“I feel like energy is the sexy part of it, right? Nobody wants to talk about the solids part,” she said. “But it is converting something that people think of as a waste product into something very, very valuable.”
 
How it will shape the future
City leaders hope the wastewater plant will be a model for other municipalities.
St. Cloud’s new 1-megawatt solar array will guarantee 100% green hydrogen, which can be used at the facility for heating and on-site renewable energy production, and will be sold for transportation and manufacturing. The plant will also use the oxygen byproduct in its existing treatment process in which microorganisms break down waste. And they’ll capture the heat from the electrolysis process, which could potentially put the facility in a position where it no longer needs to use natural gas for heating.
“Everything we’re doing is enhancing the receiving waters, the agricultural industry, the air with the carbon dioxide emission reductions,” Hodel said. “So we’re creating a cleaner, healthier world for our future.”
— Jenny Berg


https://www.startribune.com/from-ai-to-thc-these-midwest-ideas-will-change-the-future/601479532?utm_source=newsletter&utm_medium=email&utm_campaign=st_cloud_today&utm_term=St%20Cloud

Summary of Jim Larew's talk on October 28, 2028

11/2/2025

 
On October 28, LWV UMRR hosted a discussion on the protection of public waters through education, restorative action and litigation.  The video  of this program is available on the LWV UMRR Blog at this link.  

In this video, Jim Larew from Driftless Water Defenders talks about the litigation this organization is undertaking to put more teeth into protecting water.    His talk, informative and impassioned, is a call to action. 

Jim's talk begins at 31 minutes in the video.  
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​Exploring Environmental Challenges, Legal Strategies, and the Quest for a Constitutional Right to Clean Water

Jim Larew’s talk centers on the urgent need to protect clean water in the face of escalating environmental hazards caused by industrial agriculture. He introduces the subject by acknowledging past cooperative approaches between government agencies and communities but asserts that these have failed to adequately address the severe pollution and health risks, especially in Iowa. Larew positions the issue as not just theoretical but as a pressing public health crisis, framing the conversation in terms of both environmental protection and civil rights.

Industrial Agriculture’s Impact
Larew outlines how industrial farming in Iowa operates with minimal legal restrictions compared to other sectors, such as transportation. He explains that the dominance of large-scale row crop farming (corn and beans) and concentrated animal feeding operations (CAFOs) has resulted in an unprecedented saturation of the soil and groundwater with nitrogen, phosphorus, and manure. The scale of pollution is staggering, equating Iowa’s livestock waste output to that of a country with a population density similar to Bangladesh. Unlike human waste, which is processed, animal waste is simply spread on fields, further exacerbating water contamination.

He highlights alarming cancer statistics linked to environmental pollution: Iowa ranks second in the nation for cancer rates, with an increasing trend—most notably among young adults in the Corn Belt. These rising cancer incidences, documented by sources like the Washington Post, are attributed to the toxic agricultural mix and excessive use of fertilizers and manure, which leach into water supplies.

The Market and Policy Drivers
Larew discusses how federal agricultural policies and market incentives—such as those for ethanol production—encourage the overuse of fertilizers and expansion of livestock operations. He points out that farm programs remove economic risks for farmers, essentially incentivizing environmentally destructive practices. Much of the agricultural output is exported or used in fuel production, but the environmental residue remains local, worsening water quality and public health.


Legal Strategy and Civic Engagement
Recognizing the limitations of voluntary change, Larew advocates for legal intervention. He describes efforts to define a constitutional right to clean air and water, emphasizing the need for extra protections and state responsibility through the public trust doctrine. Litigation has played a key role, with lawsuits filed under the Federal Clean Water Act and challenges to state-issued water use permits that fail to consider environmental impacts.

He recounts successful civic engagement in Northeast Iowa, where community culture still values clean water. Local polling reveals near-unanimous support for government action to protect environmental resources, transcending political divides.

The Case for a New Civil Rights Movement
Larew frames the struggle for clean water as the next phase in America’s civil rights journey. Drawing parallels to historical movements prompted by social violence, he characterizes the current crisis as “environmental violence”—with children suffering in hospital wards due to pollution-induced diseases. He calls for a constitutional amendment to guarantee the right to clean water, citing existing state-level precedents and the urgent need for federal recognition.

Conclusion: The Path Forward
Larew concludes by reiterating the scale and urgency of the battle ahead. He argues that the right to clean water is fundamental to life and must be protected against the interests of powerful agricultural syndicates and corporate entities. The movement in Iowa, he suggests, could serve as a model for nationwide efforts to enshrine environmental rights and hold polluters accountable through law, advocacy, and civic mobilization. Ultimately, he calls for persistent, step-by-step action to secure a healthier future for all.


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