Okla. Stat. tit. 52, § 52-86.8: Compliance with the Oklahoma Brine Development Act

Notwithstanding any other provision in this act, if oil and gas

produced water and waste is utilized for the purpose of processing

the produced water and waste by mechanical or chemical processes for

the extraction of constituent elements for commercial purposes, the

oil and gas produced water and waste shall be considered brine under

the Oklahoma Brine Development Act. The operating activity and the

ownership of the oil and gas produced water, including the

constituent elements contained therein, including the entitlement to

and sharing of proceeds from the extraction and sale of the

constituent elements or effluent, shall be subject to the Oklahoma

Brine Development Act and the operator or other person extracting or

utilizing the oil and gas produced water and waste shall comply with

the provisions of the act. The Oklahoma Brine Development Act shall

not apply to oil and gas produced water and waste that is reused or

recycled solely for the purpose of use in oil and gas operations.