RESOLUTION NO. 2026-4

AUTHORIZING THE ADOPTION OF AN EMERGENCY TEMPORARY MORATORIUM ON PROCESSING APPLICATIONS FOR DATA CENTER FACILITIES LOCATED WHOLLY OR PARTIALLY WITHIN UNINCORPORATED KIOWA COUNTY, COLORADO

WHEREAS, Kiowa County ("County") is a statutory county vested with the authority by the Colorado Revised Statutes to enact laws to govern and regulate the use of land within the County; and

WHEREAS, regionally, counties are experiencing a significant increase in Data Center Facility development, and the County has experienced an increase in questions regarding its regulations; and

WHEREAS, the Kiowa County Board of County Commissioners ("Board") is concerned about the potential land use and resource-intensive impacts to the County from Data Center Facilities; and

WHEREAS, existing County regulations may not sufficiently address the potential adverse impacts to the County of Data Center Facilities; and WHEREAS, the Board has directed County staff to consider revisions to County regulations to address impacts of such Data Center Facilities; and

WHEREAS, the County desires to institute a moratorium while undertaking revisions to the County regulations, during which time the County will not review and process applications for Data Center Facilities; and

WHEREAS, at its April 9th public meeting, the Board considered instituting a moratorium on the processing of applications for Data Center Facilities located wholly or partially in the County, pending the County revisions of its regulations regarding the same; and

WHEREAS, based on evidence presented at the public meeting and matters included in the record, the Board desires to adopt a six-month moratorium on processing Data Center Facility applications while it develops or revises its regulations; and

WHEREAS, the County has express and implied authority granted by the Colorado Revised Statutes and multiple Colorado and federal appellate decisions upholding temporary moratoria on land use applications while considering amendments to regulations.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF KIOWA, COLORADO:

1. Findings. The above findings are hereby incorporated by reference as specific findings and determinations of this Board.

2. Moratorium Enacted. The Board hereby enacts a six-month temporary moratorium (“Moratorium”) on processing applications for Data Center Facilities located wholly or partially within Phillips County. The Moratorium shall end on October 9th, 2026, unless terminated or extended by a resolution of the Board.

3. Definition. For purposes of this Moratorium, “Data Center Facility” means a facility consisting of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and all related components thereof, including without limitation all power and cooling equipment and interconnection lines.

4. Direction to Revise Regulations. The Board hereby directs County staff to review and revise the existing County regulations pertaining to data center facilities to ensure that the regulations will sufficiently protect public health, safety, welfare, and the environment.

5. Emergency Declared. The Board hereby finds that that passage of this Resolution is necessary for the immediate preservation of the public peace, health, and safety in order to prevent the filing of a Permit application for a Data Center Facility until the County has had a reasonable opportunity to determine what regulations should be imposed or revised to address impacts from such Data Center facilities. Failure to immediately impose the moratorium provided for in this Resolution will potentially allow acquisition of certain rights before the County has had the reasonable opportunity to consider appropriate regulation thereof. The Board further finds that adopting this Resolution as an emergency resolution is in the best interest of the County.

6. Effective Date. This Resolution shall take effect as of the date of the adoption of this Resolution by the Board.

THE ABOVE AND FOREGOING RESOLUTION WAS, ON A MOTION DULY MADE AND SECONDED, ADOPTED THIS 9th DAY OF APRIL, 2026, BY VOTE OF THE BOARD OF KIOWA COUNTY COMMISSIONERS.

BOARD OF COUNTY COMMISSIONERS

/s/Donald Oswald 4-9-2026

Commissioner Donald Oswald, Chairman

/s/Howard Robertson

Commissioner Howard Robertson

/s/Michael Lening

Commissioner Michael Lening

ATTEST

/s/Adrienne Yates

Adrienne Yates, Clerk & Recorder

Published April 17, 2026

In the Kiowa County Press.