Data centers in Wyoming

📜 State laws

Governor's order: 'Data Centers the Wyoming Way' (Executive Order 2026-03) · June 3, 2026
Gov. Mark Gordon signed Executive Order 2026-03 on June 3, 2026. It welcomes data centers and sets up a 'Wyoming Data Center Development Framework'. It asks state agencies to work together so data centers pay the cost of the extra power they need, hire Wyoming workers, protect water and wildlife, and are open with the public. Agencies had 60 days to suggest policy changes and possible new laws. The order itself does not change any rules. Source

Water study bill for data centers died (HB 90, 2026) · Feb 23, 2026
House Bill 90 would have given the State Engineer $500,000 to study how big water users, such as data centers and carbon capture, affect Wyoming's water, with a report due Nov. 1, 2026. Two House committees backed it in February 2026, but the full House did not take it up before its Feb. 23 deadline, so it died. Source

Ban on secret deals (NDAs) by public officials failed (HB 135, 2026) · Feb 11, 2026
House Bill 135 would have barred public officials from signing secret deals (NDAs) that hide things like public money, land use, water or power impacts. In the 2026 budget session a bill needs two-thirds of the House just to be introduced. It got 36 yes and 25 no votes on Feb. 11, 2026, which was not enough, so it was never debated. Source

Draft bill: tax data centers as industrial property (for 2027) · Sept 2026
Lawmakers on the Joint Revenue Committee are working on a draft (27LSO-0111) that would count data centers as 'industrial' property for property tax. Wyoming taxes commercial property at 9.5% of value and industrial property at 11.5%, so data centers would pay more (about 20% more, the Wyoming Taxpayers Association estimated). In early September 2026 the committee voted not to move it forward yet. It plans to take it up again on Nov. 19, 2026, after defining which data centers it should cover. The same committee asked for a new draft that would make companies report what they save from sales tax breaks. Source

💡 Who pays for the power

State law: big customers on special contracts must not raise others' costs · 2019
Since 2019, Wyoming law (W.S. 37-3-116) lets an electric utility sign a special service deal with a customer expected to use more than 5 megawatts, such as a data center. The deal must bring in more money than it costs to serve that customer. It must not make other customers pay for any power plants, power lines or other costs tied to that customer. Any profit or loss stays with the utility's owners. Utilities must report to the Public Service Commission at least every 3 years on how these deals affect other customers. Source

Cheyenne: Black Hills Energy's 'Large Power Contract Service' for data centers · July 2016
In the Cheyenne area, Black Hills Energy (Cheyenne Light, Fuel and Power) serves data centers through a special plan approved by the Public Service Commission in July 2016. It covers new loads of 13 megawatts or more. Customers must have their own on-site power plants that Black Hills can run for backup. Black Hills says the plan is built so data centers pay the full cost of serving them, without raising regular customers' rates. The state's Office of Consumer Advocate has said it does a good job keeping data center costs separate from other customers. Source

Public Service Commission writing rules for private power plants that serve one customer · July 2026
Some developers want to build their own power plants to serve data centers directly, outside the regular utility. In July 2026 the Public Service Commission voted 2-1 against an Anschutz company request to be declared 'not a public utility' for a planned Carbon County project with 3,200 MW of gas power and 1,000 MW of solar. The Commission said it was too early because it is writing new rules (Chapter 6) for these 'non-utility generators'. Docket 90000-193-XO-26 (Record No. 18121). A public hearing was set for Aug. 5, 2026; no final rule found yet. Source

Rocky Mountain Power asks for an 8.8% base rate increase · May 13, 2026
In May 2026 Rocky Mountain Power asked the Public Service Commission for $70.5 million more a year, an 8.8% increase in base rates (Docket 20000-710-ER-26, Record No. 18134). With a separate fuel-cost cut, the company says homes would see a net increase of about 3.9%, mostly from March 2027. The review takes about 10 months. The company says none of its recent increases, including this one, are because of data centers. Its last approved increase, in 2025, was 10.2%. Source

💵 Tax breaks

Sales tax break on data center computers and equipment · 2011
Wyoming does not charge sales or use tax on servers, computers, storage, racks, cabling, software and shipping containers for equipment at a data center, once the center buys more than $2 million of them in a year (W.S. 39-15-105(a)(viii)(S)). To qualify, the owner must invest at least $5 million in a Wyoming site. A second tier also exempts backup generators, battery backup (UPS) and special cooling and air equipment, but needs at least $50 million invested. The Wyoming Business Council must certify that the company created or will create a fitting number of Wyoming jobs. A 2023 state report on two Cheyenne data centers found about $22.6 million in sales and use tax was not collected because of the break. Data centers are currently taxed as commercial property (9.5% of value); see the draft bill in Laws. Source

🤐 Secret deals and public records

Anyone can ask for public records · Oct 8, 2026
Wyoming's Public Records Act says public records are open to 'any person'. Send your request to the agency's designated public records person. If the agency does not have the records, it must tell you within 7 business days. Records must be released within 30 calendar days unless there is 'good cause'; then you agree on a date. If there is a problem, you can complain to the state Public Records Ombudsman or ask the district court. Agencies can charge a reasonable fee for copies, but not for just looking. Trade secrets and private business financial data given to the government are kept secret by law (W.S. 16-4-203). Source

Secret deals (NDAs) with data centers · July 9, 2026
No Wyoming law bans local officials from signing secret deals (NDAs) with data center companies; a 2026 bill to limit them (HB 135) failed. In July 2026 the heads of Cheyenne, Laramie County, Uinta County, Lincoln County, Converse County, Casper and Afton said they had never signed one with a data center. Cheyenne's mayor signed one with Cheyenne LEADS, the private economic development group, as a board member. A lawyer told Cowboy State Daily such deals are legal but 'not unlimited'. Source

💧 Water

Water: the State Engineer approves water rights; cities supply water inside town · May 8, 2026
A data center that drills wells or takes river water needs a water right permit from the Wyoming State Engineer's Office, like any other industrial user. Wyoming's Constitution says a water right can be denied only when 'demanded by the public's interest', so approval is the default. Permits over 50 gallons a minute or 20 acre-feet a year must meter and report use. Projects under the state Industrial Siting Act that use more than 800 acre-feet a year must send the State Engineer a water supply study. Inside Cheyenne, data centers buy water from the Board of Public Utilities, and the mayor says the city does not allow evaporative (water-hungry) cooling. A 2026 bill for a state study of data center water use (HB 90) failed. Source

🌫️ Air and generators

Air: DEQ permits for backup generators and gas power plants · May 2025
The Wyoming Department of Environmental Quality (DEQ) Air Quality Division issues permits for data center backup diesel generators and gas engines. It posts a proposed decision and takes public comments. It holds a public hearing only if an 'aggrieved party' asks for one. Example: in 2025 DEQ proposed approving Microsoft's permit for 128 diesel generators southeast of Cheyenne (comments closed May 21, 2025). You can look up permits on DEQ's openair.wyo.gov site. Source

🙋 How to have your say

Who decides a data center near you · Oct 8, 2026
Wyoming has no townships. Cities and towns zone land inside their limits (city council or town council), and they decide annexations, which is how many Cheyenne data center sites got approved. Outside towns, the Board of County Commissioners decides, with advice from a county planning and zoning commission. Some counties, such as Converse County, have no county zoning at all. Very large projects may also need a state Industrial Siting permit (see below). The Public Service Commission handles power rates, the State Engineer handles water rights and DEQ handles air permits. Source

Hearings and the 'protest petition' in cities and towns · Oct 8, 2026
Cities and towns must publish a notice in the newspaper at least 15 days before a zoning hearing. If owners of 20% or more of the land in a proposed zoning change, or of the land within 140 feet of it, sign a protest, the change needs a three-fourths vote of the whole council. Counties publish notice 30 days before a planning commission hearing on the zoning plan and 14 days before the county commission's hearing; a majority of commissioners must vote yes. Source

Put a city or town ordinance to a public vote · Oct 8, 2026
Residents can force a public vote on an ordinance passed by a city or town council. A petition signed by 10% of the town's registered voters must be filed with the town clerk within 20 days after the ordinance is first published. If the clerk finds it valid, the ordinance is put on hold until the council repeals it or voters decide. In 2026 Cheyenne residents filed such a petition against the Microsoft 'Highlands' annexation, and the council asked a court whether an annexation can be put to a vote at all. Source

State Industrial Siting permit for the biggest projects · Oct 8, 2026
Projects estimated to cost about $283 million or more need a permit from the state Industrial Siting Council (run by DEQ's Industrial Siting Division); projects from about $227 million to $283 million need a letter saying the state has no jurisdiction. The Council has 165 days to decide. The public can send comments or become a formal party in the hearing. Big exception: 'nonmineral processing facilities' in existing industrial parks designated by local governments are exempt (W.S. 35-12-119), so many data centers skip this permit. In May 2026 Converse County, which has no zoning, dropped its plan to designate industrial parks after the Attorney General's office said the county lacked authority to do so. Source

Challenge a decision in court: 30 days · Oct 8, 2026
Anyone 'aggrieved or adversely affected in fact' by a final decision of a county board or other agency can ask the district court to review it (W.S. 16-3-114). Under Wyoming Supreme Court Rule 12.04, the petition for review must be filed within 30 days after the decision is served on all parties. A judge can add up to 30 more days only for 'excusable neglect'. Act fast and consider talking to a lawyer. Source

Comment at the Public Service Commission · Oct 8, 2026
The Public Service Commission lists open cases on its 'Hot Topics' and 'Public Notices' pages. Each case has a docket number and a Record No. Public comments are posted in the Commission's online Docket Management System (search by Record No.). Contact the Commission at wyoming_psc@wyo.gov or 2515 Warren Ave., Suite 300, Cheyenne. Hearings are held under the Wyoming Administrative Procedure Act and anyone interested may attend; some cases also have public comment hearings in affected towns. Source

🧾 Help with your bills

LIEAP heating help and free weatherization · Oct 2026
Wyoming's Low Income Energy Assistance Program (LIEAP), run by the Department of Family Services, pays part of winter heating bills (gas, electric, propane, wood and more) and helps with heating emergencies. Apply online Oct. 1, 2026 to April 30, 2027, at mylieapwyo.org, or call (800) 246-4221 for help applying by phone. Email: lieapinfo@wyo.gov. You must apply again each season. Approved households are also considered for free home weatherization. Source

📞 Who to contact

Wyoming Public Service Commission (PSC) · Oct 8, 2026
Regulates Rocky Mountain Power, Black Hills Energy and other utilities, sets rates and approves special tariffs for big customers. Open cases: Rocky Mountain Power rate case (Record No. 18134); non-utility generator rules (Record No. 18121). Source

Office of Consumer Advocate · Oct 8, 2026
Independent office inside the PSC that speaks for regular utility customers in rate cases. Source

DEQ Industrial Siting Division / Industrial Siting Council · Oct 8, 2026
Reviews and permits very large industrial projects. 200 West 17th Street, Suite 400, Cheyenne; 307-777-7174. Source

DEQ Air Quality Division · Oct 8, 2026
Issues air permits for backup generators and gas power plants; permit search at openair.wyo.gov. Source

Wyoming State Engineer's Office · Oct 8, 2026
Issues water rights and well permits; monitors groundwater levels. Source

Wyoming Business Council · Oct 8, 2026
State economic development agency; certifies jobs for the data center sales tax break. Source