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“Produced” Water: The Intersection of Ownership, Disposal, Pore Space and Storage

Contains material from May 2024

“Produced” Water: The Intersection of Ownership, Disposal, Pore Space and Storage
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With the rise of water treatment technology and facilities capable of treating produced fracking water into a substance able to be used for beneficial purposes, the value of produced water has risen exponentially in recent years. The increase in value of produced water have allowed owners to benefit greatly in how they beneficially use that water. Owners now have a financial incentive when choosing the method of how they dispose of produced water. Whether by deep saltwater disposal wells, treatment for beneficial use, or treatment for storage in geothermal pore spaces, each method presents legal ownership issues. Texas statutory, RRC regulations, and recent Texas case law have given ownership of produced water new financial opportunities, but also new legal considerations. The intersection of the mineral estate, surface estate, and even the “geothermal” estate have the possibility to meet, and even conflict, in the arena of produced water. Discuss what practitioners should be mindful of with clients having interests related to produced water or its treatment.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 0.50
  • Credit Info
  • TX, CA, PA
  • TX MCLE credit expires: 5/31/2025

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1. “Produced” Water: The Intersection of Ownership, Disposal, Pore Space and Storage (May 2024)

Charles P. Hosey

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Session 1 —26 mins
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“Produced” Water: The Intersection of Ownership, Disposal, Pore Space and Storage (May 2024)

With the rise of water treatment technology and facilities capable of treating produced fracking water into a substance able to be used for beneficial purposes, the value of produced water has risen exponentially in recent years. The increase in value of produced water have allowed owners to benefit greatly in how they beneficially use that water. Owners now have a financial incentive when choosing the method of how they dispose of produced water. Whether by deep saltwater disposal wells, treatment for beneficial use, or treatment for storage in geothermal pore spaces, each method presents legal ownership issues. Texas statutory, RRC regulations, and recent Texas case law have given ownership of produced water new financial opportunities, but also new legal considerations. The intersection of the mineral estate, surface estate, and even the “geothermal” estate have the possibility to meet, and even conflict, in the arena of produced water. Discuss what practitioners should be mindful of with clients having interests related to produced water or its treatment.  

Originally presented: Apr 2024 Oil, Gas and Mineral Law Institute

Charles P. Hosey, Frost Bank - San Antonio, TX