Pena had read about hyperscalers using potable water, even during major droughts, and the activism of communities like MOSACAT that had resisted the projects. But when he downloaded the details of the project, the water numbers were marked as confidential. After submitting a public information request, which he had successfully done around twenty times, the ministry continued to withhold the numbers, saying they were proprietary information. Pena wondered what they were hiding and worried about the precedent it would set for other cloud companies that would inevitably begin to eye Uruguay, following Google’s lead, for their own expansion. So he evoked the water clause in the constitution. With the help of a lawyer friend who was willing to work pro bono, he sued the ministry.
In March 2023, four months later, Pena won the case in a surprising victory. The environmental ministry revealed that Google’s data center planned to use two million gallons of water a day directly from the drinking water supply, equivalent to the daily water consumption of fifty-five thousand people. With much of Montevideo receiving salt water in their taps not long after, the revelations were explosive.