https://www.texastribune.org/2025/05/28/texas-fracking-water-reuse-legislative-protections/ Skip to main content Close this elementx Shape the future of Texas at The Texas Tribune Festival, Nov. 13-15! Presented by JPMorganChase Get tickets * Investigations * Guides * About * Events * Data * Newsletters * Donate * * Menu * Close [ ] [ ] * Donate * About * Investigations * Guides * Newsletters * Events * Data Key coverage * Donate * THC Ban * Texas Bill Tracker * Ten Commandments * Student Discipline * 2025 Legislative Session Running Out: Texas' Water Crisis Oil companies win protections from Texas Legislature ahead of selling fracking water At least four companies say they are prepared to treat the water well enough to be released into rivers in West Texas. Environmental groups say the state is moving too fast. By Carlos Nogueras Ramos May 28, 20255 hours ago Share * Copy URL * Republish * Twitter * Bluesky * Facebook * Reddit * LinkedIn * Email Republish Produced water ponds, constructed by Martin Water, in Lenorah, on Feb. 24, 2024. The Railroad Commission approved the construction of the ponds, used to treat and recycle produced water from fracking, next to the Circle 6 Baptist Camp in the Permian Basin. The Texas Railroad Commission approved the construction of produced water ponds to treat and recycle produced water from fracking, next to the Circle 6 Baptist Camp in the Permian Basin. Credit: Julian Mancha for The Texas Tribune/Inside Climate News Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give us feedback. Subscribe to The Y'all -- a weekly dispatch about the people, places and policies defining Texas, produced by Texas Tribune journalists living in communities across the state. --------------------------------------------------------------------- The Texas Legislature has given oil and gas companies legal cover to sell wastewater to be treated and released into the state's rivers, lakes and streams. State Rep. Drew Darby's House Bill 49 -- on its way to Gov. Greg Abbott -- marks a step the oil and gas industry has said is a key barrier to expanding the treatment of the brine it generates, known as produced water, and making it available for reuse. The bill protects landowners, oil, treatment and transportation companies from liability should consequences arise after they sell or treat the liquid. In Texas, record oil and gas production is only outmatched by the backwash that surfaces with the fossil fuels. There are five barrels of produced water for every barrel of oil. Texas oil companies are increasingly using this liquid, which is trapped in the rock where drilling and fracking occur, to frack more. Now, companies believe the water can help replenish the state's water supply, which is under strain due to a larger population, withering infrastructure and climate change. Four treatment companies applied for state permission to release the water into the state's waterways. "I think this will really free up some water transactions to start happening, where people will more freely exchange water," said Laura Capper, a produced water expert and oil and gas consultant. Technical Research & Development Manager Adrianne Lopez gives a tour of the Texas Pacific Water Resources' project site greenhouse on Friday, Feb. 14, 2025, outside of Midland. Related Story Can Texas clean up fracking water enough to use for farming? One company thinks so. May 1, 2025 Under Darby's bill, companies that sell the water can't be held responsible for the consequences if someone else uses the water. Treatment and transportation companies and landowners also qualify for protection, including in cases of personal injury, death, or property damage. Companies and landowners can only be sued when they are grossly negligent, commit intentional, wrongful acts of omission, break state or federal laws, or fail to satisfy standards set by the Texas Commission on Environmental Quality, which sets and enforces the state's environmental rules. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The bill directs the environmental quality commission to write rules around produced water research and reuse. Darby's bill also prohibits courts from issuing what are known as exemplary damages, or additional punitive measures, to deter companies from committing the same mistake. Cyrus Reed, a legislative and conservation director for the Sierra Club, an environmental advocacy organization, said the state is moving too fast. He said scientists and regulators should continue experimenting with treatment methods until they can be sure the water can be treated continuously. In 2021, lawmakers began to fund treatment research, putting $10 million toward the effort, called the Texas Produced Water Consortium. The environmental quality commission has said the consortium's findings will help decide whether to let companies release water into the environment. But Reed said the consortium should spend more years on pilot projects, experimenting on soil, before laws are introduced, adding that the water, even when treated, could still contain contaminants the environmental quality commission has not accounted for. "I understand why (lawmakers) want this," Reed said. "They're trying to make it work so that this water can be reused, but who's going to ultimately pay the price? It's going to be the public." Capper, the water consultant, said the law places the responsibility on the state's regulatory agencies to make sure the water is safe, which also gives the industry security to sell it. She said there is enough research through Texas and New Mexico, which has also funded produced water treatment research, to make the water safe to discharge. "We've studied this water to death," she said. --------------------------------------------------------------------- First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13-15 in Austin. Get your tickets today! Texans need truth. Help us report it. Independent Texas reporting needs your support. The Texas Tribune delivers fact-based journalism for Texans, by Texans -- and our community of members, the readers who donate, make our work possible. Help us bring you and millions of others in-depth news and information. Will you support our nonprofit newsroom with a donation of any amount? Support independent Texas news Become a member. Join today. Choose an amount or learn more about membership. $18 $20 $25 Other Donate now --------------------------------------------------------------------- Information about the authors Carlos Nogueras Ramos's staff photo Carlos Nogueras Ramos Permian Basin Reporter carlos.nogueras@texastribune.org @criacuervosvibe Learn about The Texas Tribune's policies, including our partnership with The Trust Project to increase transparency in news. Explore related story topics Economy Energy Environment Politics State government 89th Legislative Session Texas Legislature Latest Texas Tribune events and articles Upcoming events Loading content ... 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