Executive Director's Message, Summer 2026

Navigating Transparency in Changing Waters

In the interest of remaining responsive to the evolving landscape surrounding data centers, we recently made a determination that will affect the public comment process for certain projects in the Susquehanna River Basin. We realize public interest will only continue to grow as data center development advances in our watershed.

At the same time, we are beginning to notice an increasing number of data center developers choosing designs that use water provided directly from existing public water supplies rather than pulling new water from rivers and streams or drilling new groundwater wells. Cases like these would not require a withdrawal approval from us because the water they’re using is already regulated through the public water supply system. We already account for that water through the public water supplier’s existing withdrawal approval.

However, this approach does require our approval for the consumptive use of water (water used but not returned to the basin) if the volume being used by the data center exceeds our threshold of 20,000 gallons per day over a 30-day average. Consumptive uses of water solely supplied by public water supply, stormwater, wastewater, or other reused or recycled water may receive a Commission approval known as an Approval by Rule, type (e), or “ABR(e)”. An ABR(e) is a type of general permit, and this process has been in place since 2007 for all large water users in the basin.

ABR(e) permits can be issued by the Executive Director after a staff review of the application. The process is simpler than a withdrawal application, because remember, the water quantity has already been thoroughly scientifically reviewed and approved at the withdrawal source, and determined to be sustainable for the public water supplier. The public water supplier has the discretion and responsibility of managing their allocation of water within approved limits.

This brings me back around to the determination I mentioned at the top of this message. According to our Code of Federal Regulations , ABR(e) applications are subject to a written comment period. But applications for this type of project are not required to be included in the Commission’s quarterly public hearing process. Given the heightened public interest and scrutiny involving data center development, under my authority as Executive Director of the SRBC, the Commission will now require any application for an ABR(e) filed for a data center to be included and subject to a quarterly public hearing before any determination is rendered.

The Commission has always had a very robust public participation and comment process. You could always submit written comments on an ABR(e) application. We are simply raising awareness of this opportunity and offering the additional option to orally submit as well through the formal hearing process for proposed consumptive water use by data centers using a public water supply. A more detailed explanation of this determination as well as an FAQ on ABR(e) projects can be found on our website.

Best regards,
Andrew D. Dehoff, P.E.
Executive Director