Big Tech Is Trampling Native Treaty Rights to Build Data Centers

Native American tribes' treaty rights regarding land and water use are being bypassed by tech companies building data centers.

In New Mexico, major tech companies like Oracle and OpenAI are proceeding with data center construction, notably Project Jupiter, without fully engaging with Native American tribes regarding treaty rights and water usage. The New Mexico Supreme Court has temporarily halted construction for air quality review and ordered a reduction in water use, a critical issue given Oracle's forecast of significant water consumption. Despite ESG commitments, these companies, along with Google and Microsoft, are accused of sidestepping tribal consultation, which is legally required. Even when consultation occurs, as with Amazon and the Confederated Tribes of the Umatilla Indian Reservation (CTUIR), it often happens late in the process, after key decisions are made, and broader treaty obligations related to land use may not apply to privately owned parcels. This approach raises concerns about the erosion of Indigenous rights and the true meaning of corporate sustainability pledges.

The development of hyperscale data centers by tech giants like Oracle and OpenAI in New Mexico is proceeding without adequate consultation with Native American tribes, potentially infringing upon their treaty rights and impacting crucial water resources. Companies are leveraging complex leasing structures to distance themselves from direct responsibility for environmental and tribal impacts, while their sustainability reports appear to function as shields rather than genuine commitments to community well-being. The New Mexico Supreme Court's intervention highlights the contentious nature of these projects and the ongoing disputes over water rights and air quality, particularly concerning the Ysleta del Sur Pueblo in Texas, which has not been consulted despite its proximity to the Project Jupiter site.

The current practices suggest a systemic issue where ESG principles are being interpreted narrowly or circumvented by corporations, even in cases like Amazon's, where some level of consultation exists, it is initiated late in the planning process. This approach challenges the fundamental obligations of corporations to sovereign nations and highlights a gap between stated corporate values and actual operational conduct. The industry's current engagement models fail to establish a clear standard for respecting Indigenous rights, leaving tribes in a precarious position as development continues rapidly across potentially sensitive territories.