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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of reuse and recycling of produced water |
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from oil and gas activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Water Code is amended by adding Chapter |
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39, entitled "Use of Produced Water from Oil and Gas Activities", to |
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read as follows: |
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Sec. 39.001. DEFINITIONS. In this chapter: |
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(1) "Produced water" means water produced in connection |
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with activities associated with the exploration, development, and |
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production of oil or gas or geothermal resources. "Produced water" |
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is also referred to as "brine," "saltwater," "hydraulic fracturing |
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flowback fluid" or "formation fluid." |
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(2) "Produced water reuse" means to process and use either |
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treated or untreated produced water in connection with activities |
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associated with the exploration, development and production of oil |
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or gas or geothermal resources. For purposes of this chapter, |
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injection of produced water or other oil and gas waste into an oil |
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and gas reservoir for purposes of enhanced recovery does not |
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qualify as reuse. |
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(3) "Produced water recycling" means to process and use |
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treated or untreated produced water as a product. |
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(3) "Treated produced water" means produced water that has |
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been treated using water treatment technologies to remove |
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impurities. |
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Sec. 39.002. POLICY AND PURPOSE. It is the policy of this |
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state that water produced in the exploration, development and |
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production of oil or gas or geothermal resources is a potential |
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water source to address future water needs of Texas. The purpose of |
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the chapter is to encourage reuse and recycling of water produced in |
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connection with the exploration, development, and production of oil |
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or gas or geothermal resources |
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Sec. 39.003. PRODUCED WATER. Notwithstanding Section |
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26.131, produced water only becomes a waste if it is abandoned or |
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disposed of rather than reused or recycled. |
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Sec. 39.004. PRODUCED WATER REUSE. Notwithstanding Section |
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26.131, produced water may be transported between leases for |
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treatment or reuse. |
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Sec. 39.005. PRODUCED WATER RECYCLING. Treated produced |
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water may be used for any use to the extent it complies with |
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applicable state public health and water quality standards for the |
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intended use. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |