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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1930 By: Green
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6 AS INTRODUCED
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7 An Act relating to brine; amending 17 O.S. 2021,
7 Sections 501 and 502, which relate to the Oklahoma
8 Brine Development Act; expanding purpose; modifying
8 and adding definitions; amending 52 O.S. 2021,
9 Section 86.7, as last amended by Section 1, Chapter
9 249, O.S.L. 2024 (52 O.S. Supp. 2025, Section 86.7),
10 which relates to the Oil and Gas Produced Water and
10 Waste Recycling and Reuse Act; conforming statutory
11 references; updating statutory language; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 17 O.S. 2021, Section 501, is
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16 amended to read as follows:
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17 Section 501. The Legislature finds that it is desirable and
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18 necessary to authorize and provide for unitized management,
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19 operation, and further development of brine and associated solution
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20 gas, to the end that a greater ultimate recovery of brine and
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21 solution gas may be had, waste prevented, and the correlative rights
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22 of owners therein be protected. The Legislature also finds that it
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23 is desirable public policy to encourage reuse, recycling, and
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24 reclaiming of produced water. It is further found to be in the
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1 public interest to foster, encourage and promote the development and
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2 production in the State of Oklahoma of brine and solution gas in
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3 this state and to authorize and provide for the operation and
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4 development of unitized brine and solution gas properties, and to
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5 authorize the Corporation Commission to regulate brine and solution
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6 gas production.
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7 SECTION 2. AMENDATORY 17 O.S. 2021, Section 502, is
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8 amended to read as follows:
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9 Section 502. As used in this act the Oklahoma Brine Development
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10 Act:
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11 1. "Commission" shall mean the Corporation Commission of
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12 Oklahoma;
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13 2. "Person" shall include any individual, partnership,
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14 corporation or association of whatever character;
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15 3. "Common source of supply" shall include that area which is
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16 underlain, or which from geological or other scientific data, or
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17 from drilling operations, or other evidence, appears to be underlain
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18 by a common accumulation of brine; provided, that, if any such area
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19 is underlain or appears from geologic or other scientific data, or
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20 from drilling operations, or from other evidence to be underlain by
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21 more than one common accumulation of brine separated from each other
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22 by a strata of earth and not connected with each other, then such
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23 area, as to each said common accumulation of brine, shall be deemed
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24 a separate common source of supply;
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1 4. "Brine" shall mean means subterranean saltwater and all of
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2 its constituent parts and chemical substances therein contained,
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3 including, but not limited to, bromine, magnesium, potassium,
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4 lithium, boron, chlorine, iodine, calcium, strontium, sodium,
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5 sulphur sulfur, barium, or other chemical substances produced with
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6 or separated from such the saltwater. Brine produced as an incident
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7 to the production of oil or gas, unless such the brine is saved or
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8 sold for the purposes of removing chemical substances its
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9 constituent elements therefrom, as defined in the Oil and Gas
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10 Produced Water and Waste Recycling and Reuse Act, shall not be
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11 considered brine for the purposes of this act the Oklahoma Brine
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12 Development Act. Gas, whether found in solution or otherwise, shall
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13 not be included within the meaning of the term "brine";
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14 5. 2. "Brine owner" shall mean means any person entitled to
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15 share in the proceeds from the sale of brine production, the usable
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16 resources recovered from the brine, or the effluent;
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17 6. "Solution gas" shall mean all gas produced from brine wells
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18 from the brine common source of supply within the unit area;
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19 7. "Solution gas owner" shall mean any person entitled to share
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20 in the proceeds from the sale of solution gas;
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21 8. "Owner" or "owners", unless a more specific term is used,
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22 shall mean any person or entity who qualifies as either a brine
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23 owner or a solution gas owner;
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1 9. "Operator" shall mean a person who has the right to drill
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2 into and produce from any brine common source of supply and to
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3 appropriate that production, either for himself, or for himself and
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4 others, and is authorized by the Commission to drill;
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5 10. "Effluent" shall mean the liquid remaining after extraction
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6 of the chemical substances from brine;
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7 11. 3. "Brine production unit" or "unit" shall mean means each
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8 separate specific area of land so designated by order of the
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9 Commission for production of brine and associated solution gas and
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10 from brine wells including the injection of effluent;
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11 12. "Injection well" shall mean a well authorized by the
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12 Commission for the injection of effluent or other solutions; and
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13 13. "Manufacture" shall mean the complete process of drilling,
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14 completing, equipping and operating production and injection wells
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15 and of extracting and packaging brine
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16 4. "Brine well" means a well drilled or operated for the
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17 primary purpose of extracting brine and shall not include a well
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18 drilled or operated for the primary purpose of producing oil or gas;
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19 5. "Commission" means the Corporation Commission;
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20 6. "Common source of supply" means the area that is underlain
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21 or which, from geological or other scientific data, or from drilling
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22 operations, or from other evidence, appears to be underlain by a
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23 common accumulation of brine. If any area is underlain or appears,
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24 from geological or other scientific data, or from drilling
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1 operations, or from other evidence, to be underlain by more than one
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2 common accumulation of brine separated from each other by a strata
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3 of earth and not connected with each other, then the area, as to
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4 each such common accumulation of brine, shall be deemed a separate
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5 common source of supply;
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6 7. "Effluent" means the liquid remaining after extraction of
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7 the chemical substances from brine;
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8 8. "Injection well" means a well authorized by the Commission
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9 for the injection of effluent or other solutions;
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10 9. "Manufacture" means the complete process of drilling,
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11 completing, equipping, and operating production and injection wells
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12 and of extracting and packaging brine;
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13 10. "Oil or gas well" means a well drilled or operated for the
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14 primary purpose of extracting oil or gas as those terms are defined
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15 in Section 86.1 of Title 52 of the Oklahoma Statutes;
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16 11. "Operator" means a person who:
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17 a. has the right to drill into and produce from any brine
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18 common source of supply and to appropriate that
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19 production, either for himself or herself or for
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20 himself or herself and others, and is authorized by
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21 the Commission to drill, or
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22 b. is an operator of an oil or gas well that produces
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23 brine which is saved or sold for the purpose of
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24 extracting constituent elements from the oil and gas
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1 produced water as defined in the Oil and Gas Produced
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2 Water and Waste Recycling and Reuse Act;
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3 12. "Owner" means any person or entity who qualifies as either
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4 a brine owner or a solution gas owner unless a more specific term is
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5 used;
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6 13. "Person" means any individual, partnership, corporation, or
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7 association of whatever character;
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8 14. "Solution gas" means all gas produced from brine wells from
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9 the brine common source of supply within the unit area; and
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10 15. "Solution gas owner" means any person entitled to share in
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11 the proceeds from the sale of solution gas.
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12 SECTION 3. AMENDATORY 52 O.S. 2021, Section 86.7, as
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13 last amended by Section 1, Chapter 249, O.S.L. 2024 (52 O.S. Supp.
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14 2025, Section 86.7), is amended to read as follows:
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15 Section 86.7. A. As used in the Oil and Gas Produced Water and
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16 Waste Recycling and Reuse Act:
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17 1. "Commission" means the Oklahoma Corporation Commission;
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18 2. "Constituent elements" means salts, metals, elements and
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19 other mineralized substances that are naturally occurring and
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20 dissolved, entrained or suspended in subterranean water in situ and
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21 after extraction from the ground, suspended in the oil and gas
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22 produced water and waste or as part of the brine, as defined in
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23 paragraph 4 1 of Section 502 of Title 17 of the Oklahoma Statutes;
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1 3. "Nonoperator" means persons the person, other than the
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2 operator, contributing to the cost and expense of drilling and
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3 completing or operating a well for the intended development and
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4 production of oil, gas or other hydrocarbons, regardless of whether
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5 the well is completed or produces any oil or gas;
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6 4. "Oil and gas produced water and waste" means the fluid
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7 containing salt or other mineralized substances, hydraulic
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8 fracturing fluid, flowback water, formation water, injection water
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9 and any chemicals added downhole, associated with the drilling
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10 completion or production of an oil or gas well, incidental to or
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11 extracted from hydrocarbon-bearing strata during the drilling. Oil
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12 and gas produced water and waste shall also include hydrogen sulfide
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13 and carbon oxides emissions produced as a byproduct of natural gas
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14 production. Except as provided in Section 86.8 of this title, oil
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15 and gas produced water and waste, including its constituent
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16 elements, shall not be considered brine for purposes of the Oklahoma
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17 Brine Development Act;
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18 5. "Operator" means the person authorized by the Corporation
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19 Commission to drill, complete and operate a well for the intended
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20 development and production of oil, gas or other hydrocarbons,
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21 regardless of whether the well is completed or produces any;
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22 6. "Person" means any individual, partnership, corporation,
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23 limited liability company or any type of association;
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1 7. "Recycled water" means oil and gas produced water and waste
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2 that has been reconditioned or treated by mechanical, chemical,
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3 thermal, or any other commercially viable technological processes
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4 available into a reusable form; and
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5 8. "Treated constituents" means any chemical, compound or other
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6 byproduct naturally occurring in the subterranean water that is
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7 removed from oil and gas produced water and waste through
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8 reconditioning or treating of the fluid by mechanical, chemical,
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9 thermal, or any other commercially viable technological processes
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10 available.
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11 B. The Legislature finds that oil and gas produced water and
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12 waste has minimal or no intrinsic value without substantial
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13 expenditures to process, treat or recycle the oil and gas produced
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14 water and waste and declares it desirable, necessary and in the
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15 public interest to designate the parties who shall own and be
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16 responsible for the handling, transfer and disposition of the oil
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17 and gas produced water and waste. The Legislature recognizes that
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18 it has imposed upon the operator of an oil and gas lease a duty to
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19 safely dispose of oil and gas produced water and waste, as defined
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20 in the Oil and Gas Produced Water and Waste Recycling and Reuse Act.
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21 It is further found to be in the public interest to foster,
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22 encourage and promote the development of methods and means to
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23 economically process, treat and recycle oil and gas produced water
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24 and waste for beneficial uses, including the commercial extraction
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1 of constituent elements from the oil and gas produced water and
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2 waste and to ensure appropriate disposal in accordance with
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3 Corporation Commission rules.
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4 C. Prior to its extraction from the ground, subterranean water,
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5 including its constituent elements, is the property of the owner of
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6 the surface estate, as defined in paragraph 9 of Section 802 of this
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7 title and shall be subject to the right of the mineral owner or the
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8 oil and gas lessee of the mineral owner, or both, to extract the
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9 subterranean water as part of the oil and gas produced water and
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10 waste as is reasonably necessary for, or incident to, the
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11 exploration, exploitation or extraction of hydrocarbons. Nothing
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12 contained in the Oil and Gas Produced Water and Waste Recycling and
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13 Reuse Act shall be construed to:
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14 1. Prevent the owner of the surface estate from being
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15 considered the brine owner, as defined by paragraph 5 2 of Section
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16 502 of Title 17 of the Oklahoma Statutes, for purposes of Section
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17 86.8 of this title or the Oklahoma Brine Development Act; or
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18 2. Limit the ability of the owner or owners of the surface
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19 estate to enter into any legally binding contract with persons for
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20 the payment of money or other valuable consideration for the
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21 extraction of subterranean water, including the constituent elements
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22 contained therein, or brine, as defined in paragraph 4 1 of Section
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23 502 of Title 17 of the Oklahoma Statutes, from the property of the
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24 owner or owners. However, if said the extraction of subterranean
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1 water or brine is to be done as part of oil and gas operations, the
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2 contract shall be entered into prior to the filing of the drilling
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3 permit of the oil and/or or gas well. If the contract is entered
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4 into after the filing of the drilling permit of the oil and/or or
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5 gas well, the contract shall be with the operator, or with the
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6 consent of the operator, any other person or persons. The operator
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7 shall not withhold consent unreasonably. Any such contract and the
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8 use or disposal of oil and gas produced water and waste, shall be
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9 subject to the requirements and limitations set forth in Section
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10 86.8 of this title and subject to any and all applicable
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11 governmental laws, rules and regulations and subordinate to any
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12 preexisting, legally binding, arms-length contracts relating to the
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13 use or disposal of oil and gas produced water and waste. Provided,
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14 however, that the contracts shall not result in additional costs or
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15 delays to the rights of the operator to extract subterranean water
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16 reasonably necessary for, or incident to, the exploration,
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17 exploitation or extraction of hydrocarbons. Evidence, in the form
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18 of an affidavit, of any contract entered into under the terms of the
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19 Oil and Gas Produced Water and Waste Recycling and Reuse Act may be
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20 filed in the office of the county clerk for the county in which the
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21 lands described in the contract are located. The affidavit shall
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22 set out the names and address of each party to the contract, the
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23 legal description of the lands covered by the contract and the
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24 effective date of the contract. Once filed, the affidavit shall
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1 serve as constructive notice of the contract under the Oil and Gas
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2 Produced Water and Waste Recycling and Reuse Act.
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3 D. 1. Subject to the requirements and limitations set forth in
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4 subsection C of this section and Section 86.8 of this title and
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5 unless otherwise provided by Corporation Commission order, an oil or
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6 gas lease, brine lease, recycling agreement, surface use agreement,
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7 contract, bill of sale or another legally binding document:
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8 a. the operator or operators, and the nonoperator or
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9 nonoperators, of an oil and/or or gas well shall be
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10 the owner or owners of the oil and gas produced water
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11 and waste extracted from the ground through the
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12 borehole of the oil or gas well, and
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13 b. the operator or operators, and the nonoperator or
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14 nonoperators, shall have the right to use, possess,
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15 handle, dispose of, transfer, sell, convey, transport,
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16 process, recycle, reuse or treat the produced water
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17 and waste and shall also have the exclusive right to
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18 obtain proceeds for any of the uses of the oil and gas
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19 produced water and waste or some portion thereof,
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20 including recycled water and treated constituents.
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21 2. Subject to the requirements and limitations set forth in
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22 subsection C of this section and Section 86.8 of this title and
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23 unless otherwise provided by Corporation Commission order, oil or
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24 gas lease, brine lease, recycling agreement, surface use agreement,
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1 contract, bill of sale or another legally binding document, until
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2 there is a transfer to another person, the operator or operators,
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3 and the nonoperator or nonoperators, shall be responsible for the
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4 use, disposition, transfer, sale, conveyance, transport, recycling,
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5 reuse, treatment or disposal of the transferred oil and gas produced
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6 water and waste, recycled water and treated constituents or any
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7 other byproducts.
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8 3. Subject to the requirements and limitations set forth in
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9 subsection C of this section and Section 86.8 of this title and
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10 unless otherwise provided by Corporation Commission order, an oil or
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11 gas lease, brine lease, recycling agreement, surface use agreement,
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12 contract, bill of sale or another legally binding document:
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13 a. when oil and gas produced water and waste is
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14 transferred to a person for the purpose of processing
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15 or treating for subsequent beneficial use, disposal or
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16 both, the transferred material, recycled water and
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17 treated constituents shall be the property of that
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18 person until such time that the person disposes of the
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19 produced water and waste in accordance with Commission
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20 rules or there is a transfer of the material to a
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21 subsequent person, and
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22 b. transferred oil and gas produced water and waste shall
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23 be the property of such transferee and the transferees
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24 shall have control of and responsibility for the
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1 substance, including the right to use, possess,
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2 handle, dispose of, transfer, sell, convey, transport,
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3 process, recycle, reuse or treat the produced water
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4 and waste and to obtain proceeds for any uses of the
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5 substance or any portion thereof, including recycled
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6 water and treated constituents.
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7 E. Except as provided in paragraph 1 of subsection D of this
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8 section, a person is not liable in tort for consequences of
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9 subsequent use of recycled water or treated constituents if that
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10 person:
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11 1. Processes oil and gas produced water and waste in order to
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12 produce recycled water or treated constituents that are generally
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13 considered in the oil and gas industry to be suitable for use in
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14 connection with drilling, completion or production operations of oil
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15 and gas or both;
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16 2. Transfers the recycled water or treated constituents, or
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17 both, to another person for use in connection with oil and gas
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18 drilling, completion or production operations; or
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19 3. Captures or sequesters hydrogen sulfides and carbon oxides
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20 in connection with natural gas production for the purpose of
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21 protecting the environment.
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22 This subsection shall not be construed to affect the liability
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23 of a person in possession of oil and gas produced water and waste,
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24 recycled water or treated constituents, or both, in an action
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1 brought by a person for damages for personal injury, death or
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2 property damage arising from a release of or exposure to any of
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3 these substances.
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4 F. A person who acquires possession of oil and gas produced
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5 water and waste for the purpose of recycling it for subsequent
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6 beneficial use may dispose of the oil and gas produced water and
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7 waste, including recycled water, treated constituents or other
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8 byproducts of the recycling process, in his or her permitted
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9 disposal well or wells, regardless of the source or prior ownership
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10 of the oil and gas produced water and waste. The disposal shall not
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11 require a commercial disposal well permit from the Corporation
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12 Commission but shall otherwise be subject to any other permit
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13 restrictions applicable to disposal wells.
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14 SECTION 4. This act shall become effective November 1, 2026.
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16 60-2-3003 CN 1/15/2026 8:53:02 AM
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