1. Texas Water Law and Oil & Gas Operations Professor Tracy Hester
Environmental Law in Oil & Gas
Sept. 25, 2017

2. If you’re interested in things that go boom…
Houston Local Emergency Preparedness Committee meeting
Sept. 27, 10 am – noon

3. Review Adlaw concepts: What’s an agency (APA)
Agency activities – rulemaking process, hearings, enforcement
Notice & comment rulemaking: record review, publication, final agency action
Judicial review – arbitrary & capricious; substantial evidence review; contested case hearings
Rules vs guidance; MOUs and agency coordination

4. Key questions for Texas water law and E&P operations

6. Key questions include:
Who owns Texas?
Above vs. below – links?
Where is Texas surface water located?
Where is Texas groundwater?
How is groundwater different from oil or gas deposits?
Water impacts of E&P?

7. Fracking and Federal Environmental Enforcement
Federal statutory exemption specifically for fracking materials injected into the ground (but diesel not protected)
Safe Drinking Water Act – potential contamination of drinking water sources
Clean Water Act – discharge of produced water into publicly owned treatment works (or to nearby intakes)
Range Resources enforcement action - dismissed

8. Surface water in Texas

9. Surface water in Texas
Map of surface reservoirs

10. Texas Watermasters

12. Texas Groundwater – Rule of Capture

13. Professor Tracy Hester
University of Houston Law Center
(office)