Production of oil and gas is often accompanied by production of water from the same formation. In recent years, water has been injected into wells in the process known as hydraulic fracturing, or “fracking.” Much of the frac water returns with oil and gas during the initial production of the…
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Fifth Circuit Upholds Takings Claim Against Groundwater District
The Fifth Circuit Court of Appeals has held that a landowner has stated a judiciable claim against the Brazos Valley Groundwater Conservation District (BVGCD) for an unconstitutional taking of his groundwater rights. David Strata, et al. v. Jan A. Roe, et al., No. 18-60994. Fascinating facts. Groundwater Districts were created…
Produced Water Supersystems
H2O Midstream recently announced its acquisition of “produced water infrastructure” from Sabalo Energy in Howard County – 37 miles of pipeline, nine salt water disposal wells, four Ellenburger salt water disposal well permits, and other assets. This brings H2O Midstream’s produced water network up to a combined “supersystem” for handling…
Can Surface Owner force Lessee to Buy his Groundwater?
A recent opinion from the El Paso Court of Appeals, Harrison v. Rosetta Resources, illustrates how important groundwater has become in oil and gas development in the Permian Basin. Harrison signed a lease on Relinquishment Act land, as agent for the State. The lease provided that the Lessee has the…
Water Wars in the Permian?
Solaris Water Midstream announced last month that it is building an 11-mile water supply line from Loving County to Eddy County, New Mexico that will be able to transport about 150,000 barrels of day to supply water for completion operations in Eddy County. The water comes from wells in Loving…
Protest Camps in Reeves County?
The protest movement over the Dakota Access pipeline in North Dakota has moved to West Texas. According to the Houston Chronicle, three camps are taking shape – two camps to protest the proposed Trans Pecos pipeline, near Alpine, and one camp in Toyahvale, home to the famous spring and pool…
Coyote Lake Ranch v. City of Lubbock: Accommodation Doctrine Applies to Groundwater
The Texas Supreme Court last week handed down its opinion in Coyote Lake Ranch v. City of Lubbock, holding, in a case of first impression, that the accommodation doctrine applies to govern the City’s right to use the surface of the Ranch to develop its groundwater. Coyote Lake Ranch covers…
Texas Supreme Court Agrees to Hear Coyote Lake Ranch vs. City of Lubbock
The Texas Supreme Court yesterday granted Coyote Lake Ranch’s petition to review the Amarillo Court of Appeals’ opinion holding that the accommodation doctrine does not apply to severed groundwater. View my previous post on the case here.
New White Paper on Use of Water by Texas Exploration Industry
The Atlantic Council, a Washington-based think tank, has published a draft white paper on the exploration industry’s use of water in Texas. The draft paper, “Sustainable Water Management in the Texas Oil and Gas Industry,” was written by John Tintera, of the Austin firm Sebree & Tintera. Tintera, formerly executive director…