Second water rights application for Box Elder County data center withdrawn

SALT LAKE CITY — A second water rights application related to the massive data center in Box Elder County has been withdrawn after about 700 formal protests were filed against the application.

This change of water use application was for 11 acre feet of water, which equates to about 3.5 million gallons of water. The first water rights application, which was asking for 1,900 acre feet of water, was withdrawn after nearly 4,000 protests were filed. In that case, the company behind the data center project said they intend to re-file the application because the project is still moving forward.

Protesters have to pay a $15 processing fee to file a letter of protest with the Division of Water Rights (DWRi). When an application is withdrawn, DWRi no longer looks at the protests tied to that application, even if a new application is filed for the same set of water rights. They also do not offer refunds.

Center for Biological Diversity Senior Campaigner Deeda Seed says those that paid the fee were willing to spend that money to have their voices heard.

“The protests reflect the enormous concern that we have with this project based on its scope, its scale, its questionable leadership, its poor vetting, the lack of information, transparency, etc,” Seed explained.

General Counsel for Friends of Great Salt Lake Rob Debuc says a second application withdrawal feels like a game of cat and mouse.

“Unless they’re going to totally back off of this ridiculous proposal, then we have to assume that this is just another way of toying with the public and just say, ‘Well we’ll just submit it later, just like with the first one.'” Debuc said.

In the most recent withdraw request, there is no reason provided, and no indication of whether the company intends to re-file.

Debuc says it is unclear what the company behind the data center plans to do next, but they will have to apply for water rights to support their operation. He says Friends of Great Salt Lake is going to be vigilant in watching for any new application so they can protest those as well.

“We will continue to watch every single application that’s filed with the state engineer that relates to this project…and continue to encourage our members to continue to protest and file letters of concern going forward,” Debuc stated.

The company and other advocates for the data center have continued to reiterate that the data center will not use as much water or land as people think; however, Seed says no specific numbers have been provided. 

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