THE CONTROVERSY

IMPERIAL DATACENTER

Special Edition No. 1 · September 2026

A public-record newspaper. Every claim carries its source.

Print edition, four 11×17 faces: download the broadsheet PDF

Edition 1 companion: open the edition front page.

Face 1 · Front: the record

NINE MONTHS, 282 SPEAKERS, ONE OVERTURNED APPROVAL

How Imperial County approved a 330-megawatt data center with a ministerial stamp, how the public found out, and what the record shows now that a court has read it.

On December 18, 2025, fifty-nine people signed up to speak at the Imperial County Planning Commission about a lot merger on Aten Road, outside the City of Imperial. The commission tabled it and asked for more workshops. It was the last time the process moved slower than the public's questions.

On April 7, 2026, the Board of Supervisors approved that merger, plus a road vacation, by a 4-1 vote. The approvals were handled as ministerial acts - routine paperwork that, in the County's reading at the time, did not require environmental review of the project they enabled: a hyperscale data center campus whose own published infrastructure page describes 132 natural-gas generators, 220 Tesla Megapack batteries and 330 megawatts of backup capacity. The outside-counsel analysis supporting that reading is dated April 2 and first appeared in the April 7 packet. Neighbors within roughly 200 feet of the site had learned of the project from a door flyer distributed by the City of Imperial, not from the County.

What happened next is the subject of this newspaper. The public did not leave. It built a record. Between December 18, 2025 and September 15, 2026, residents, unions, cities, environmental groups and landowners delivered 282 spoken comments across 13 public sessions of the Planning Commission, the Board of Supervisors, a county CEQA workshop and the Imperial Irrigation District, plus written submissions the County is still assembling. About 150 different people spoke. Roughly 110 of them spoke against the project or the process; about 35 spoke for it. The ten most frequent speakers account for a quarter of everything said. The other three-quarters came from people who mostly spoke once, about the meeting they came for.

The record they built now has a verdict attached. On August 26, the Superior Court set aside the County's moratorium for insufficient findings. On September 9, the same court overturned the April 7 approval itself, finding the County "prejudicially abused its discretion by approving the lot merger without first completing the CEQA review required for the whole project." The County did not oppose the tentative ruling. Nine months and two lawsuits after the first hearing, the court ordered the full environmental review the audience asked for on day one. The filings are in Court Records.

Into that opening stepped the body this edition is ultimately about: the Imperial County Data Center Advisory Committee, created June 16, seated in September, and charged with telling the Board, by January 1, 2027, where - if anywhere - data centers belong in this county, and under what rules. Its nineteen seats hold eighteen appointees. Seven of them appear anywhere in the public-comment record. That record is what this newspaper hands to them, and to you.

THE NUMBERS ON THE RECORD

  • 282 spoken public comments across 13 sessions, Dec 18, 2025 - Sep 15, 2026 (corpus as of Sep 25; speaker verification ongoing)
  • About 150 different speakers; 112 of 161 identified speaker labels appear exactly once
  • Recoded stance on data-center development itself: about 205 comments against, 52 for, 20 procedural (plus or minus a few rows; the raw sheet tags stance by agenda item, so "support" on a moratorium item means pro-pause)
  • 10 speakers account for 68 comments - a quarter of the record
  • 59 speakers each on Dec 18 and Apr 7 - the two biggest rooms
  • 4-1 the April 7 vote. 5-0 the June 16 vote to pause and form the committee
  • 2 court losses for the County in four weeks: the moratorium (Aug 26) and the approval itself (Sep 9)
  • 243 written comments on IID's large-load tariff; ~130 form letters from June 16 - both still being assembled into the public record

THE ROOM, SESSION BY SESSION

Spoken comments per session, stacked by recoded stance. The two 59-comment days are December 18 and April 7 - the day of the vote.

Dec 18Jan 14Feb 17Mar 26Apr 7Apr 14May 15Jun 2Jun 16Jul 14Sep 3Sep 15
AgainstForProceduralBar height = spoken comments that day

THE SESSIONS, WITH STANCE

DateBodyItem before itCommentsAgainstFor
Dec 18, 2025Planning CommissionLot Merger #00191 (tabled for more workshops)594315
Jan 14, 2026Board workshopData-center workshop1366
Feb 17, 2026Board of SupervisorsRatify letter to Sen. Padilla960
Mar 26, 2026Board of SupervisorsEvening data-center hearing30261
Apr 7, 2026Board of SupervisorsLot merger + road vacation (approved 4-1)594310
Apr 14, 2026Board of SupervisorsGeneral comment (Brown Act cure demand)321
May 15, 2026IIDLarge-load tariff110
Jun 2, 2026Board of SupervisorsGuidelines / by-right resolution40336
Jun 16, 2026Board of Supervisors45-day moratorium + advisory committee (approved 5-0)453312
Jul 14, 2026Board of SupervisorsExtension + committee appointments1181
Sep 3, 2026CEQA workshopCEQA appeal rules410
Sep 15, 2026IIDLarge-load tariff adoption330

Stance recoded from the raw sheet by rule and checked by hand; treat as plus or minus a few rows. A thirteenth session and new rows entered the corpus after this table was compiled; totals on this page use the Sep 25 count of 282.

THE COMMITTEE NOW HOLDING THE QUESTION

The Board of Supervisors created the Imperial County Data Center Advisory Committee on June 16 and seated it in September. Charge, from the establishing resolution: evaluate land-use and zoning rules, identify General Plan and ordinance gaps, decide whether specific plans should control siting, set proximity and compatibility standards for homes and schools, map suitable areas, determine how new rules can legally apply, and report to the Board by January 1, 2027.

Officers, per the County's September 18 release: Kristian Michelle Salgado, chair; Mike Goodsell, vice chair; John Grass, secretary. Eighteen of nineteen seats are appointed; the Westmorland seat is open. Next meeting: Monday, September 28. Meetings are public under the Brown Act.

Seven of the eighteen appointees appear in the public-comment record. Their statements, in their own words, are on Face 2. The other eleven have no attributable comment in the available corpus - which is itself a fact about how much of this process has happened off the public mic.

THE RECORD, IN ORDER

Dec 18, 2025The Planning Commission tables the data-center lot merger after 59 speakers and asks for more workshops. [KYMA, Dec 18, 2025]
Jan 14, 2026The Board of Supervisors holds a data-center workshop. Speakers raise SB 53 and Sen. Padilla's new ratepayer bill the day it is introduced. [Corpus, bos0114 recording]
Mar 20, 2026The County publishes its own Initial Feedback Summary. First-ranked concern: location near homes and schools. [County of Imperial]
Mar 26, 2026Evening hearing, 30 comments. Supervisors deny signing NDAs, but only when asked from the floor. [Corpus, bos0326]
Apr 7, 2026The Board approves the lot merger and road vacation 4-1 under a ministerial reading of CEQA. The outside-counsel analysis in the packet is dated April 2. [Calexico Chronicle, Apr 8, 2026]
Apr 8, 2026A CEQAnet exemption notice names Imperial Valley Computer Manufacturing (IVCM) as applicant. inewsource publishes its investigation. [CEQAnet; inewsource]
Apr 14, 2026Jake Tison files a Brown Act cure-and-correct demand over the April 7 vote. [Corpus, bos0414]
Jun 2, 2026Hearing on data-center guidelines and by-right treatment. The room calls the guidelines unenforceable. [Corpus, bos0602]
Jun 16, 2026The Board votes 5-0 for a 45-day urgency moratorium and creates the Data Center Advisory Committee. [inewsource, Jun 16, 2026]
Jul 14, 2026The moratorium is extended 10 months and 15 days; committee appointments are made. The same day, a judge strikes the developer's defamation suit against a KPBS reporter under anti-SLAPP. [Corpus; KPBS, Jul 14, 2026]
Aug 26, 2026The Superior Court sets aside the moratorium: the County had not made the findings state law requires. [Desert Review; County update] [ECU004800] [Judgment, Sep 4]
Sep 9, 2026The same court overturns the April 7 approval, finding the County "prejudicially abused its discretion by approving the lot merger without first completing the CEQA review required for the whole project." [KPBS, Sep 9, 2026] [ECU004457] [Decision and Order, Sep 9]
Sep 15, 2026IID adopts its Large Load Tariff after a public comment period that drew 243 written comments. [Corpus, iid0915]
Sep 17, 2026The Advisory Committee holds its first meeting: chairmanship, the Brown Act, procedure. [County release, Sep 18]
Sep 28, 2026Next committee meeting. Its recommendations to the Board are due January 1, 2027. [Desert Review committee coverage]

Face 2 · What the public said

WHAT 282 PEOPLE ACTUALLY SAID

The full shape of the public record, coded from the transcripts. Counts are keyword-coded sizes, checked by hand at the edges - read them as the shape of the room, not exact tallies.

Read the record straight through and a pattern emerges that neither side's slogans capture. The fight started over a site. It became a fight over process. It ended, for now, as a demand for a ban. Each phase has a signature quote, and the quotes come from different people - this was not one activist's escalation. It was the room's.

THE ARC IN FOUR PHASES

1 · The site fight (Dec-Jan)

"I live right across Aten Road where the data center is proposed to be built."

2 · The process fight (Feb-Apr)

"Why was the project of this intensity and scale granted an exemption for environmental review?"

3 · The rules fight (Jun 2)

"It does not slow anything down. It does not create a moratorium."

4 · The ban ask (Jun 16 on)

"Define what a hyperscale data center is - and then ban hyperscalers."

Phase one, the site fight (December-January). "I live right across Aten Road where the data center is proposed to be built." Homes within about 200 feet. Generators. The lot merger. The Planning Commission tabled it.

Phase two, the process fight (February-April). "Why was the project of this intensity and scale granted an exemption for environmental review?" The ministerial CEQA call, the road vacation, the NDA rumors, the April 7 vote. The asks shifted from "study it" to "stop it" within weeks of that vote.

Phase three, the rules fight (June 2). "It does not slow anything down. It does not create a moratorium." The County's guidelines resolution landed as too weak; the room had watched cities adopt actual moratoriums.

Phase four, the ban ask (June 16 onward). "Define what a hyperscale data center is - and then ban hyperscalers." The moratorium passed 5-0 that day, and the loudest part of the room now treats it as a first step, not a destination.

Reyna Adame's own words trace the whole arc in one person. December: "I live right across Aten Road." March: "I'm not anti-development." June: define hyperscalers, "and then ban hyperscalers." The site did not change in those six months. Her experience of the process did.

WHAT THE OPPOSITION TALKS ABOUT (194 opposition comments coded)

ThemeCommentsWhat it sounds like
CEQA, by-right approval, the lot merger94"Why was the project of this intensity and scale granted an exemption for environmental review?" - Reyna Adame, Feb 17
Health, air, generators78"Large banks of generators still produce nitrogen oxidized carbon monoxides." - Dianne Leal, Jan 14
Water75"Our communities should not shoulder their demands for electricity and water." - Jake Tison, IID, Sep 15
Scale of the project67"Industrial scale computing serves the world, not the neighborhood." - Jordan, Jan 14
Developer distrust66"Whispering promises of revenue, of recycled water for the Salton Sea." - Reyna Adame, Mar 26
Big tech and outsiders64"Billionaires can place their money mines while pricing up our energy and water bills." - Arvizu, Dec 18
Process, secrecy, betrayal59"A lot of this information is being done in secrecy." - Cooper, Dec 18
The site itself58"I live right across Aten Road where the data center is proposed to be built." - Reyna Adame, Dec 18
Moratorium and ban57"Protection means banning industrial scale data centers from Imperial County." - Jake Tison, Jul 14
Jobs skepticism55"These same promises were made about prisons, solar farms, detention centers, waste dumps." - Sesueta, Jun 16
IID power, grid, rates54"Our electricity and water bills are going to go up." - Salcedo, Dec 18
Noise39"There is a constant and incessant humming, vibration." - Aileen Tabor, City of Imperial, Apr 7

A majority of the comments under every theme except the site itself never mention the Aten location at all. The site lit the fight; process, water, health and rates carried it county-wide.

WHAT THE OPPOSITION TALKS ABOUT, BY SIZE

Comments per theme, of 194 opposition comments coded.

CEQA, by-right, lot merger94
Health, air, generators78
Water75
Scale of the project67
Developer distrust66
Big tech and outsiders64
Process, secrecy, betrayal59
The site itself58
Moratorium and ban57
Jobs skepticism55
IID power, grid, rates54
Noise39

WHAT THE SUPPORT SIDE ARGUES (69 raw support comments coded)

ArgumentCommentsWhat it sounds like
Economic diversification49"The county tax base cannot support needed infrastructure improvements." - IVEDC, Dec 18 (per KYMA)
Jobs, especially construction40"They had to go to other places in Los Angeles and San Diego to go to work." - Velador, Dec 18
Follow existing law26"As a landowner, we have property rights. I want to make sure that they are not overlooked." - Dickerson, Dec 18
Against a moratorium25"Not send developers the message that Imperial County is closed for business." - Kylie Cabral, Western Steel Council, Jun 16
Union labor and local hire22"With the project labor agreement in place, this project creates a clear pathway." - Gumbleton, LIUNA, Apr 7
Tax revenue20"A county analysis put the figure near $12 million a year." - KPBS reporting

The two sides mostly answered different questions: the support case was economic and legal ("it's zoned for this"), the opposition case was about impacts and process. No forum ever made them answer the same question. That is itself a process failure.

LABOR'S ACTUAL POSITION

Labor was never one voice, and never against review. LIUNA Local 1184 backed the project once a project labor agreement existed ("we're all here to support this project one hundred percent," December, after a PLA by April). IBEW 569 urged a no vote in December until local hire was guaranteed, then in June asked the County's own questions: "How will we ensure that there is local hire provisions? How will rate payers be protected? How is the county working with fire officials?" In July, IBEW's Hector Meza - 3,800 members - opposed extending the moratorium while supporting a requirement that data centers "bring their own clean generation and energy storage." The Building Trades Council backed both the committee and the pause on June 16: "Establishing clear guidelines, reasonable standards and a transparent process for future projects is good government." Read straight: labor wants a PLA, local hire, predictable rules, and no ban. No labor speaker ever defended the CEQA exemption on its merits. A standards-first county keeps that coalition; a finished-product county pushes it to choose between this project and a ban.

THE APPOINTED MEMBERS, IN THEIR OWN WORDS

Kristian Michelle Salgado (Environmental expertise - committee chair) - Reject piecemeal approval; pause new approvals while an open advisory committee and residents develop enforceable siting rules, meaningful CEQA review, and real public protections. "An advisory committee alone cannot prevent this from happening. That's all we're asking for is CEQA." (Mar 26)

Ann Michelle Hollinger (Community) - Supports responsible development; opposes the Aten-area lot merger and by-right path near Victoria Ranch. "I am pro-development, but it has to be responsible development." (Dec 18; 8 comments in the record)

Sheleah Kay Edwards (Healthcare) - Reject the site and merger without full environmental review; put residents' health before development near homes. "If one must be brought here, at least place it in a location away from residences." (Dec 18)

Gilberto Manzanares (City of Calexico) - No lot merger without CEQA and real public process; large-load developers should pay for the grid infrastructure they require, not ratepayers. (IID comments)

Flavio Grijalva Jr. (Community) - Pause large data centers while the County and community examine homes, air, water, power, and local returns. "Moratorium is not a rejection of economic development. It is a responsible pause." (Jun 16)

Dennis Morita (City of Imperial) - The City's challenge is about process, not a categorical ban: identify actual impacts, determine CEQA application, bring the public into a reasoned decision. "That petition isn't about whether the development can happen. It's really about the process." (Mar 26)

Andrew Schwartz (Organized labor) - Supported the June 16 committee-and-moratorium item and offered labor's help; the comment does not state a position on a ban. "We do support this agenda item." (Jun 16)

No attributable comment in the available corpus: Mark Hamby (unincorporated local government), Marjorie D. Marquez (education), Oli Bachie (nonprofit), Sandy Finnell (business), Jeffrey Nemeth (energy industry), John Grass (City of Brawley, committee secretary), Michael Luellen (City of Calipatria), Angel Hernandez (City of El Centro), Mike Goodsell (City of Holtville, committee vice chair), and Supervisors Peggy Price and John Hawk (whose six turns each are Board deliberations, kept separate from public comment). "No corpus comment" is not "has never spoken" - it means nothing attributable in the sessions transcribed so far.

Full per-member collections with every dated comment and recording link: committee members in the public record.

Face 3 · Sunlight: the Tison record

SUNLIGHT: THE COMPLETE JAKE TISON RECORD

Seventeen spoken turns across twelve sessions, twenty written objections, one ballot measure. The most prolific voice in the Imperial County record, aired in full: his grievances, in his words, with every date and recording attached.

Every public fight has one person who shows up every time. In this record, that person is Jake Tison. He says so himself, in the way he opens: "I'm not here by anybody's paycheck or anything like that. I have free will." (The official minutes and recordings render the name "Tyson"; planning commission minutes spell it Tison, and this newspaper uses the minutes.)

What the record shows is not a heckler. It is a resident who learned the Government Code citations, filed the cure-and-correct demand, submitted twenty numbered written objections to the County's CEQA rule changes, launched a ballot measure, and - when IID put an actual tariff document in front of him - responded with four page-numbered strengthening amendments, which IID's board heard on September 15 before adopting the tariff.

His position hardened as the process failed. In January he told the Board the county could lead "in responsible development... planning AI data centers that comply fully with the law." By June 2, after the April 7 vote: "The public is not asking the county to manage data centers better. But we are asking the county to ban them." On June 16 he demanded the resignation of four supervisors, the CEO, an assistant CEO and both planning directors. On July 14 he supported the moratorium extension "but I do not trust this process unless it ends with a permanent ban on industrial scale data centers."

His grievances, stated plainly, are these: that the County decided first and asked later; that a project of this scale was moved through a lot merger, a road vacation and a ministerial exemption - "the state of California calls it piecemeal, and it's against the law," he said April 7, five months before a judge agreed with the underlying point; that records requests go unanswered ("Your silence does not erase the Brown Act violation"); and that the burdens - water, air, generators, rates - land on families while the profits leave the valley. On the ballot measure he is direct: "When this passes, it will ban all data centers in the Imperial Valley." (The Imperial Valley Data Center Prohibition Act is now itself in court, challenged over voter overreach.)

Some of what he says on the record is accusation against named officials and candidates - claims of undisclosed meetings, of a candidate's qualifying address, of money unaccounted for. This newspaper prints his words because they are part of the public record, attributes them to him, and separately checks what filings exist (see "The money on the record," below). Where filings contradict a claim, the filing wins. Where no filing answers it, the claim stands as his, dated and sourced, for the agencies he named to answer in the same sunlight.

The reason to give him a full page is not that he is always right. It is that he is the record's stress test. When a body handed him a finished decision, he worked the people on the dais. When IID handed him a draft tariff with page numbers, he worked the document. The County's process produced the first Jake Tison. A visible process gets the second one.

HIS WORDS, BY DATE

"I'm not here by anybody's paycheck or anything like that. I have free will... If Imperial County intends to be a leader in lithium or renewable energy and advanced technology, then it must also be a leader in responsible development. That means planning AI data centers that comply fully with the law and do not drain the resources of farmers, the health and wellness of our families, and the future of this valley."

Jan 14, 2026 - Board workshop - official recording

"The IVDCPA, the Imperial Valley Data Center Prohibition Act, this was submitted last Thursday. It will be on the November ballot. And when this passes, it will ban all data centers in the Imperial Valley... Oddly enough, the next day, I was sued for protecting this community by the developer of the same dumb data center project in Imperial."

Apr 7, 2026 - Board, general comment - official recording

"The lot merger, for instance, later on this road. Okay. That grading permit that was already given. Those are all separate pieces. And the state of California calls it piecemeal. And it's against the law. And they're going to come in and shut this down."

Apr 7, 2026 - Board, street vacation item - official recording

"Guidelines are not enough. Imperial County needs enforceable ordinances, not suggestions, checklists, or voluntary promises from developers... You can remove data centers from by-right use everywhere. Require discretionary review for every data center. Require a conditional use permit... Require a full CEQA review on every data center coming into this valley. Every one of them... The public is not asking the county to manage data centers better. But we are asking the county to ban them."

Jun 2, 2026 - Board, item 18 - official recording

"Government Code section 54960.1 requires that legislative body within 30 days of receiving a cure and correct demand to either cure or correct the challenged action or notify me in writing of its decision not to cure and correct. Your silence does not erase the Brown Act violation. It shows the public exactly what we already know."

Jun 2, 2026 - Board, general comment - official recording

"This is not Data Center Alley. This is the Imperial Valley. Imperial Valley is our home. And we refuse to continue to be an industrialized sacrifice zone... Extend the moratorium. Ban these disgusting data centers in the Imperial Valley. Protect the people. Protect our water. Protect our health."

Jun 16, 2026 - Board - official recording

"I'm calling for the resignation of Supervisor John Hawk, Supervisor Ryan Kelley, Chair Peggy Price, Supervisor Jesus Escobar, County CEO Dr. Kathleen Lange, Assistant County Executive Officer Barry Beane, and Planning Directors Jim Minnick and Michael Abraham... Step aside so Imperial County can rebuild trust."

Jun 16, 2026 - Board, general comment - official recording

"I support extending this moratorium, but I do not trust this process unless it ends with a permanent ban on industrial scale data centers... A moratorium without a clear destination is only a delay. The destination must be protection, and protection means banning industrial scale data centers from Imperial County."

Jul 14, 2026 - Board, moratorium item - official recording

"The public will be watching every appointment, every meeting, every recommendation, and every vote. Anyone placed on this committee must be prepared to defend their position with facts, not slogans, promises, developer talking points, or fantasies about economic development."

Jul 14, 2026 - Board, committee item - official recording

"I oppose hyperscale AI data centers in Imperial Valley because our communities should not shoulder their demands for electricity and water or the pollution from their generators. This tariff must protect the people who pay the bills, depend on our water, and breathe our air... Page 44: prohibit energization until adequate water supplies are verified and required environmental reviews and permits are completed. Page 46: make these protections binding in every agreement with monitoring, public compliance reports and consequences for violations. Page 52: require security covering potential exit fee exposure. Do not leave that protection discretionary. Residents must not inherit a failed developer's unpaid obligations."

Sep 15, 2026 - IID, tariff adoption - official recording

Transcripts are automated speech-to-text from the official recordings, lightly cleaned; errors remain possible. One December 18 planning commission turn is attributed in the corpus to "James Tison," recorded as a distinct speaker and not merged. The twenty written objections (Planning Commission CEQA item, undated, recovered from the official packet) request: continuance, public legal analysis, a side-by-side explanation of changes, clarification of effects on pending projects, stronger notice and appeal protections, anti-piecemealing language, and inclusion in the administrative record.

THE MONEY ON THE RECORD

What the filings show, at the filings level:

IVCM to the Duran IID campaign: the Registrar's copy of IVCM's Form 461, filed May 22, records four contributions to Carlos Duran's campaign for the IID board: $10,000 on March 12, $10,000 April 9, $10,000 April 28 and $5,000 May 21 - $35,000 through that filing. KPBS documented Duran's role as IVCM's media contact and his candidacy; inewsource reported a statement of economic interests showing $10,000-$100,000 in IVCM income for media communications, while the Registrar's March 6 candidate Form 700 checks "None - No reportable interests." Those two documents conflict and the underlying filing has not been recovered. Campaign contributions are not personal income, and a donation is not a conflict of interest. The filings are printed so residents can read them, not so a conclusion can be assigned.

The developer's counsel: a viral video claimed developer Sebastian Rucci "sits as the lawyer for the county." The County's June 16 agenda identifies Geoffrey P. Holbrook as County Counsel; a court document identifies Rucci as counsel for the real parties in interest - the developer's side. The claim is not supported by those records.

The design on the developer's own page: IVCM's published infrastructure page lists 132 Caterpillar G3520 gas generators, 330 MW of backup capacity and 220 Tesla Megapacks. That is the company's published description, not approved equipment, and subsequent reporting says a reduction in backup generation was announced; the live application has not been reconciled.

THE RECORD ANSWERS BACK

Public statements age. The record does not. Six pairings - what was said, and what the record shows:

Said: May 7, 2026, candidate forum: "In this case of the data center, they followed the rules of the California Subdivision Map Act. They followed everything that was permitted for a data center. Whether I like it or not, I am obligated to follow the law." - Supervisor John Hawk [source]

Shown: September 9, 2026: the Superior Court overturned the April 7 approval, finding the County "prejudicially abused its discretion by approving the lot merger without first completing the CEQA review required for the whole project." The County did not oppose the tentative ruling. [source] [ECU004457 decision]

Said: First notice: residents near the site learned about the project from a City of Imperial door flyer, not from the County. [source]

Shown: The standard the record asks for: first notice comes from the deciding agency at intake, mailed to every address within a set radius, with a public project page - before anything is decided. [source]

Said: Water, answered from the dais: a countywide volume comparison - "water is not an issue" - in place of a project-specific supply analysis. [source]

Shown: What residents asked for instead: the project's actual gallons per day, the source, the drought position, and a will-serve letter, posted before the first hearing. [source]

Said: NDAs: rumors ran for months. Supervisors denied signing any on March 26, but only when asked from the floor. [source]

Shown: The standard: a standing, published list of any confidentiality agreement by any county official or staff on a land-use file - or a posted "none" - updated at intake, so no one has to ask. [source]

Said: The pause: the Board's June 16 urgency moratorium still let applications be accepted and processed during the pause. [source]

Shown: August 26, 2026: the Superior Court set the moratorium aside because the County had not made the findings state law requires. Even the pause was not built to hold. [source] [ECU004800 judgment]

Said: April 16, 2026, candidate forum: "There have been no permits, for construction or otherwise, issued for a data center in Imperial County." - Supervisor Jesus Escobar [source]

Shown: Literally true and beside the point the room was making: the approving acts were a lot merger and a road vacation handled as ministerial, and an April 8 exemption notice named the applicant. The court later ruled those acts could not substitute for review of the whole project. [source]

Face 4 · The way forward

STANDARDS FIRST, THEN PROJECTS

Twenty counties fought this same fight. The ones that wrote the rules before the application still host data centers on terms their residents helped write. The ones that did it last are in court. Here is what the record says Imperial County should adopt - each standard stated as what a resident would see, where, and when.

TEN STANDARDS FOR ANY FUTURE APPLICATION

1. Notice at intake, from the County, before anything is decided. Within 10 business days of any data-center pre-application or application, mail notice to every address within a set radius (for example 2,000 feet) and post a project page: applicant, end user if known, acreage, megawatts, water source and gallons per day, backup generation type and count, current stage, next decision date, and which body decides. Today, neighbors learned from a city door flyer. Farmington, Minnesota runs exactly this kind of page.

2. Decide the review pathway in public, before entitlement hearings. For any data center over a size threshold, make the CEQA determination (exemption, negative declaration, or EIR) at a noticed public item, with the legal analysis posted at least 30 days before any entitlement hearing. Imperial's ministerial analysis first surfaced in the April 7 packet, dated April 2. Prince William County lost a 2,100-acre approval on a notice defect.

3. End by-right and ministerial approval for large data centers. Require a conditional use permit with Planning Commission and Board hearings, and treat lot mergers, road vacations and grading permits for a data-center site as part of the whole project. Loudoun eliminated by-right approval in 2025; Prince George's is restoring the council review it removed in 2021. This is the single change most often requested in the Imperial record (94 comments).

4. Write siting standards and setbacks before the next site is chosen. Adopt minimum setbacks from homes, schools and parks for buildings, generators, substations and battery systems (Fairfax: 200 feet for buildings, 300 for generators; Imperial's site was within about 200 feet of homes), and publish a map of where data centers may and may not locate so any resident can check their own address.

5. Water and power thresholds with project-specific numbers. Above a threshold, require a supply analysis: source, peak and annual demand, drought-curtailment position, will-serve letter; plus a utility capacity letter and the on-site generation plan (fuel, count, run hours, testing schedule). Coweta's water figure fell from 9 million to about 300,000 gallons a day under pressure; Morrow County, Oregon paid $20.5 million over unmeasured cumulative groundwater impacts.

6. Ratepayer protection set in the tariff, not argued project by project. Ask the serving utility to confirm in writing, on the record, that large loads pay the full cost of the new generation, transmission and distribution they require, and that homes and farms keep priority on existing low-cost supply - then post that confirmation. IID adopted its large-load tariff on September 15; the County's job is to reference those terms in its own approvals and show residents what they say.

7. Standing disclosure instead of request-driven disclosure. A published policy: no elected official signs an NDA for a land-use applicant; any staff confidentiality agreement is listed on the project page with date and scope; a standing log of applicant meetings with officials; staff reports and applicant correspondence posted as received. Supervisors denied NDAs only when asked from the floor on March 26. Doña Ana County is in court over withheld emails.

8. Workshops before entitlement, with a written response. At least two public workshops in the affected community, in English and Spanish, at hours working people can attend - then within 30 days a posted response: what was asked, what changed, what did not, and why. Chandler requires noise-study results to reach residents before the neighborhood meeting. Caledonia's trustees said the lack of early direct engagement sank the project.

9. Use the Advisory Committee as the standards forum, visibly. Draft standards, the evidence behind them, and public comments on each draft posted before each meeting; recommendations go to the Board with a record of what the public said and how the committee answered. That is the opposite of how the IVCM project arrived. The Marion County and Prince George's task-force models held; pauses without that structure were struck down or ran out.

10. Pauses built to survive. If the County re-adopts a pause while standards are written, make the Government Code 65858 urgency findings on a full record and state plainly whether applications are accepted or held. Imperial's first pause was set aside for insufficient findings on August 26.

Condensed from the 20-county comparison commissioned for the committee record (Sep 23, 2026), with national examples; the full analysis is in the committee library at datacenter.munigraph.ai.

A WORD THIS NEWSPAPER USES DELIBERATELY

Visibility, not transparency. Transparency is a promise to show you the record if you ask. Visibility means the record is already in front of you without asking: the project page posted at intake, the legal analysis published before the vote, the meeting log on the web, the response document after the workshop. Every standard above names what a resident would see, where, and when - none of it requires a records request, a rumor, or three minutes at a podium.

RESOLUTION ONE: MAKE IMPERIAL COUNTY AN AUTONOMOUS-VEHICLE TESTING COUNTY

A proposal of this edition, drafted for the Board of Supervisors and the Advisory Committee. Precedent: Johnson County, Iowa passed the nation's first county resolution encouraging autonomous-vehicle testing on county roads in July 2014, explicitly as an economic-development and public-safety measure; Fayette County, Georgia followed the same year.

WHEREAS, Imperial County holds thousands of miles of rural county roads, some of the widest open testing geography in California; and WHEREAS, the County's own supervisors campaign on the need to "get jobs and industry back in our county"; and WHEREAS, the California DMV already licenses autonomous-vehicle testing through its permit programs, so the County's role is invitation and assistance, not safety certification; now therefore be it RESOLVED that Imperial County (1) invites companies holding valid California DMV autonomous-vehicle testing permits to test on county roads; (2) directs staff to publish a county testing-corridor map, a single point of contact, and a 30-day response commitment for testing proposals; (3) asks each participating company for a published test plan, insurance documentation, CHP coordination, and a public incident log posted on a county page, so residents can see what is being tested, where, and what has happened - visibility by default; and (4) directs staff to report back within 90 days on the economic-development commitments, local hiring and facility investment that should accompany any testing program.

RESOLUTION TWO: INVITE AND ASSIST SMALL MODULAR REACTOR DEVELOPMENT AND TESTING

A proposal of this edition. Honest constraint, stated up front: California Public Resources Code 25524.2 bars new nuclear fission plants as a permitted land use until federal waste-disposal conditions are met, and the Legislature has so far declined to change that (the latest attempt, AB 2647's advanced-reactor exemption, did not pass in 2026). A county resolution cannot repeal state law - so this one does what a county can actually do, and says plainly what it asks the State to do.

WHEREAS, Imperial County's grid cannot serve the loads now being proposed for it - IID's large-load threshold is 20 MW, and the county's adopted tariff puts data centers first in line for power cuts; and WHEREAS, the NRC issued its first small modular reactor design certification in January 2023 (NuScale's 50-MWe module) and granted standard design approval to NuScale's uprated 77-MWe design in May 2025, making factory-built nuclear a near-term technology rather than a drawing; and WHEREAS, Imperial County already brands itself an energy county - geothermal, solar, lithium - and an SMR in the 50-300 MW class is the scale of firm, clean power its own economic plans require; now therefore be it RESOLVED that Imperial County (1) formally invites SMR developers, national laboratories and test programs to consider Imperial County for development, manufacturing and testing sites, and promises assistance: a single county point of contact, expedited local permitting within the County's authority, site screening using the same published map the data-center standards produce, and coordination with IID; (2) urges the Governor and Legislature to modernize Public Resources Code 25524.2 so NRC-licensed advanced reactors can be permitted in California, and directs that a copy of this resolution be sent to the county's state and federal representatives; and (3) commits that any nuclear project in Imperial County will run under the same visibility standards this county owes every large project: notice at intake, published review analysis before any vote, and a written response to public workshops - the public at the front, not the end.

WHAT THIS NEWSPAPER DOES NOT KNOW

The record in this edition is the largest assembled, and it is incomplete, and the gaps are named rather than smoothed over: the County's June 16 bundle of roughly 130 form letters and unique written comments is not yet cataloged; IID's 243 written tariff comments are requested but not delivered; several session recordings and about three dozen transcript rows still await re-listening; some speaker identities rest on automated transcription spelling. Where this edition says "about," that word is doing honest work.

Source base

Public comment corpus and transcripts: datacenter.munigraph.ai/corpus.html (self-declared incomplete; gaps named on the corpus page). Court rulings: court library (ECU004800 judgment, September 4, 2026; ECU004457 decision and order, September 9, 2026, adopting the August 31 tentative). News accounts: KPBS, Sep 9; County, Aug 26; KPBS, Jul 14 anti-SLAPP. April 7 vote: Calexico Chronicle; KPBS. Committee: County officers release; roster, Sep 22. Filings: IVCM Form 461; Duran Form 700; IVCM infrastructure page; CEQAnet exemption notice. Candidate forums: Desert Review, May 7; Desert Review, Apr 16. Ballot measure challenge: IV Press. Nuclear: PRC 25524.2; NuScale 77-MWe approval, POWER magazine. AV precedent: Johnson County, 2014; NACo.

THE CONTROVERSY · Special Edition No. 1 · September 2026. A public-record newspaper published by Mark Hamby. Compiled September 25, 2026 from the public-comment corpus, official recordings and filings, and contemporaneous reporting. Every claim carries its source; where the official record differs, the official record wins.