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Board of Water Supply warns HB 17-99 could exempt projects from water regulations

House Committee on Housing; House Committee on Water & Land ยท February 7, 2026
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Summary

The Board of Water Supply asked lawmakers to preserve chapter 54 authority after a measure would expand counties' experimental-project authority to commercial projects; BWS warned certain exemptions could affect safety standards and water rates for high-demand customers like data centers.

HB 17-99 would expand counties' experimental-and-demonstration project authority to include development of commercial projects. The Board of Water Supply testified with concerns that, as written, the bill might inadvertently exempt projects from chapter 54 oversight and from water departments' tariffs and safety standards.

A BWS representative urged express language preserving chapter 54 authorities and cited the potential impact of high-demand commercial users such as data centers. "This exemption could actually, in in inadvertently exempt, these types of projects from BWS or other water department requirements, and that that's a concern," the speaker said. The committee accepted the Board of Water Supply's recommended amendment language for the committee report and moved HB 17-99 forward with that amendment noted for inclusion.