{"data":{"id":"us-ok/okla.-stat.-tit.-52-52-86.7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 52, § 52-86.7","heading":"Definitions – Purpose – Property rights – Operator rights","body":"and responsibilities – Liability - Disposal.\n\nA. As used in the Oil and Gas Produced Water and Waste\n\nRecycling and Reuse Act:\n\n1. “Commission” means the Oklahoma Corporation Commission;\n\n2. “Constituent elements” means salts, metals, elements and\n\nother mineralized substances that are naturally occurring and\n\ndissolved, entrained or suspended in subterranean water in situ and\n\nafter extraction from the ground, suspended in the oil and gas\n\nproduced water and waste or as part of the brine, as defined in\n\nparagraph 4 of Section 502 of Title 17 of the Oklahoma Statutes;\n\n3. “Nonoperator” means persons, other than the operator,\n\ncontributing to the cost and expense of drilling and completing or\n\noperating a well for the intended development and production of oil,\n\ngas or other hydrocarbons, regardless of whether the well is\n\ncompleted or produces any oil or gas;\n\n4. “Oil and gas produced water and waste” means the fluid\n\ncontaining salt or other mineralized substances, hydraulic\n\nfracturing fluid, flowback water, formation water, injection water\n\nand any chemicals added downhole, associated with the drilling\n\ncompletion or production of an oil or gas well, incidental to or\n\nextracted from hydrocarbon-bearing strata during the drilling. Oil\n\nand gas produced water and waste shall also include hydrogen sulfide\n\nand carbon oxides emissions produced as a byproduct of natural gas\n\nproduction. Except as provided in Section 86.8 of this title, oil\n\nand gas produced water and waste, including its constituent\n\nelements, shall not be considered brine for purposes of the Oklahoma\n\nBrine Development Act;\n\n5. “Operator” means the person authorized by the Corporation\n\nCommission to drill, complete and operate a well for the intended\n\ndevelopment and production of oil, gas or other hydrocarbons,\n\nregardless of whether the well is completed or produces any;\n\n6. “Person” means any individual, partnership, corporation,\n\nlimited liability company or any type of association;\n\n7. “Recycled water” means oil and gas produced water and waste\n\nthat has been reconditioned or treated by mechanical, chemical,\n\nthermal, or any other commercially viable technological processes\n\navailable into a reusable form; and\n\n8. “Treated constituents” means any chemical, compound or other\n\nbyproduct naturally occurring in the subterranean water that is\n\nremoved from oil and gas produced water and waste through\n\nreconditioning or treating of the fluid by mechanical, chemical,\n\nthermal, or any other commercially viable technological processes\n\navailable.\n\nB. The Legislature finds that oil and gas produced water and\n\nwaste has minimal or no intrinsic value without substantial\n\nexpenditures to process, treat or recycle the oil and gas produced\n\nwater and waste and declares it desirable, necessary and in the\n\npublic interest to designate the parties who shall own and be\n\nresponsible for the handling, transfer and disposition of the oil\n\nand gas produced water and waste. The Legislature recognizes that\n\nit has imposed upon the operator of an oil and gas lease a duty to\n\nsafely dispose of oil and gas produced water and waste, as defined\n\nin the Oil and Gas Produced Water and Waste Recycling and Reuse Act.\n\nIt is further found to be in the public interest to foster,\n\nencourage and promote the development of methods and means to\n\neconomically process, treat and recycle oil and gas produced water\n\nand waste for beneficial uses, including the commercial extraction\n\nof constituent elements from the oil and gas produced water and\n\nwaste and to ensure appropriate disposal in accordance with\n\nCorporation Commission rules.\n\nC. Prior to its extraction from the ground, subterranean water,\n\nincluding its constituent elements, is the property of the owner of\n\nthe surface estate, as defined in paragraph 9 of Section 802 of this\n\ntitle and shall be subject to the right of the mineral owner or the\nthe oil and gas produced water and\n\nwaste and to ensure appropriate disposal in accordance with\n\nCorporation Commission rules.\n\nC. Prior to its extraction from the ground, subterranean water,\n\nincluding its constituent elements, is the property of the owner of\n\nthe surface estate, as defined in paragraph 9 of Section 802 of this\n\ntitle and shall be subject to the right of the mineral owner or the\n\noil and gas lessee of the mineral owner, or both, to extract the\n\nsubterranean water as part of the oil and gas produced water and\n\nwaste as is reasonably necessary for, or incident to, the\n\nexploration, exploitation or extraction of hydrocarbons. Nothing\n\ncontained in the Oil and Gas Produced Water and Waste Recycling and\n\nReuse Act shall be construed to:\n\n1. Prevent the owner of the surface estate from being\n\nconsidered the brine owner, as defined by paragraph 5 of Section 502\n\nof Title 17 of the Oklahoma Statutes, for purposes of Section 86.8\n\nof this title or the Oklahoma Brine Development Act; or\n\n2. Limit the ability of the owner or owners of the surface\n\nestate to enter into any legally binding contract with persons for\n\nthe payment of money or other valuable consideration for the\n\nextraction of subterranean water, including the constituent elements\n\ncontained therein, or brine, as defined in paragraph 4 of Section\n\n502 of Title 17 of the Oklahoma Statutes, from the property of the\n\nowner or owners. However, if said extraction of subterranean water\n\nor brine is to be done as part of oil and gas operations, the\n\ncontract shall be entered into prior to the filing of the drilling\n\npermit of the oil and/or gas well. If the contract is entered into\n\nafter the filing of the drilling permit of the oil and/or gas well,\n\nthe contract shall be with the operator, or with the consent of the\n\noperator, any other person or persons. The operator shall not\n\nwithhold consent unreasonably. Any such contract and the use or\n\ndisposal of oil and gas produced water and waste, shall be subject\n\nto the requirements and limitations set forth in Section 86.8 of\n\nthis title and subject to any and all applicable governmental laws,\n\nrules and regulations and subordinate to any preexisting, legally\n\nbinding, arms-length contracts relating to the use or disposal of\n\noil and gas produced water and waste. Provided, however, that the\n\ncontracts shall not result in additional costs or delays to the\n\nrights of the operator to extract subterranean water reasonably\n\nnecessary for, or incident to, the exploration, exploitation or\n\nextraction of hydrocarbons. Evidence, in the form of an affidavit,\n\nof any contract entered into under the terms of the Oil and Gas\n\nProduced Water and Waste Recycling and Reuse Act may be filed in the\n\noffice of the county clerk for the county in which the lands\n\ndescribed in the contract are located. The affidavit shall set out\n\nthe names and address of each party to the contract, the legal\n\ndescription of the lands covered by the contract and the effective\n\ndate of the contract. Once filed, the affidavit shall serve as\n\nconstructive notice of the contract under the Oil and Gas Produced\n\nWater and Waste Recycling and Reuse Act.\n\nD. 1. Subject to the requirements and limitations set forth in\n\nsubsection C of this section and Section 86.8 of this title and\n\nunless otherwise provided by Corporation Commission order, an oil or\n\ngas lease, brine lease, recycling agreement, surface use agreement,\n\ncontract, bill of sale or another legally binding document:\n\na. the operator or operators, and the nonoperator or\n\nnonoperators, of an oil and/or gas well shall be the\n\nowner or owners of the oil and gas produced water and\n\nwaste extracted from the ground through the borehole\n\nof the oil or gas well, and\n\nb. the operator or operators, and the nonoperator or\n\nnonoperators, shall have the right to use, possess,\n\nthe operator or operators, and the nonoperator or\n\nnonoperators, of an oil and/or gas well shall be the\n\nowner or owners of the oil and gas produced water and\n\nwaste extracted from the ground through the borehole\n\nof the oil or gas well, and\n\nb. the operator or operators, and the nonoperator or\n\nnonoperators, shall have the right to use, possess,\n\nhandle, dispose of, transfer, sell, convey, transport,\n\nprocess, recycle, reuse or treat the produced water\n\nand waste and shall also have the exclusive right to\n\nobtain proceeds for any of the uses of the oil and gas\n\nproduced water and waste or some portion thereof,\n\nincluding recycled water and treated constituents.\n\n2. Subject to the requirements and limitations set forth in\n\nsubsection C of this section and Section 86.8 of this title and\n\nunless otherwise provided by Corporation Commission order, oil or\n\ngas lease, brine lease, recycling agreement, surface use agreement,\n\ncontract, bill of sale or another legally binding document, until\n\nthere is a transfer to another person, the operator or operators,\n\nand the nonoperator or nonoperators, shall be responsible for the\n\nuse, disposition, transfer, sale, conveyance, transport, recycling,\n\nreuse, treatment or disposal of the transferred oil and gas produced\n\nwater and waste, recycled water and treated constituents or any\n\nother byproducts.\n\n3. Subject to the requirements and limitations set forth in\n\nsubsection C of this section and Section 86.8 of this title and\n\nunless otherwise provided by Corporation Commission order, an oil or\n\ngas lease, brine lease, recycling agreement, surface use agreement,\n\ncontract, bill of sale or another legally binding document:\n\na. when oil and gas produced water and waste is\n\ntransferred to a person for the purpose of processing\n\nor treating for subsequent beneficial use, disposal or\n\nboth, the transferred material, recycled water and\n\ntreated constituents shall be the property of that\n\nperson until such time that the person disposes of the\n\nproduced water and waste in accordance with Commission\n\nrules or there is a transfer of the material to a\n\nsubsequent person, and\n\nb. transferred oil and gas produced water and waste shall\n\nbe the property of such transferee and the transferees\n\nshall have control of and responsibility for the\n\nsubstance, including the right to use, possess,\n\nhandle, dispose of, transfer, sell, convey, transport,\n\nprocess, recycle, reuse or treat the produced water\n\nand waste and to obtain proceeds for any uses of the\n\nsubstance or any portion thereof, including recycled\n\nwater and treated constituents.\n\nE. Except as provided in paragraph 1 of subsection D of this\n\nsection, a person is not liable in tort for consequences of\n\nsubsequent use of recycled water or treated constituents if that\n\nperson:\n\n1. Processes oil and gas produced water and waste in order to\n\nproduce recycled water or treated constituents that are generally\n\nconsidered in the oil and gas industry to be suitable for use in\n\nconnection with drilling, completion or production operations of oil\n\nand gas or both;\n\n2. Transfers the recycled water or treated constituents, or\n\nboth, to another person for use in connection with oil and gas\n\ndrilling, completion or production operations; or\n\n3. Captures or sequesters hydrogen sulfides and carbon oxides\n\nin connection with natural gas production for the purpose of\n\nprotecting the environment.\n\nThis subsection shall not be construed to affect the liability\n\nof a person in possession of oil and gas produced water and waste,\n\nrecycled water or treated constituents, or both, in an action\n\nbrought by a person for damages for personal injury, death or\n\nproperty damage arising from a release of or exposure to any of\n\nthese substances.\n\nF. A person who acquires possession of oil and gas produced\n\nwater and waste for the purpose of recycling it for subsequent\nf a person in possession of oil and gas produced water and waste,\n\nrecycled water or treated constituents, or both, in an action\n\nbrought by a person for damages for personal injury, death or\n\nproperty damage arising from a release of or exposure to any of\n\nthese substances.\n\nF. A person who acquires possession of oil and gas produced\n\nwater and waste for the purpose of recycling it for subsequent\n\nbeneficial use may dispose of the oil and gas produced water and\n\nwaste, including recycled water, treated constituents or other\n\nbyproducts of the recycling process, in his or her permitted\n\ndisposal well or wells, regardless of the source or prior ownership\n\nof the oil and gas produced water and waste. The disposal shall not\n\nrequire a commercial disposal well permit from the Corporation\n\nCommission but shall otherwise be subject to any other permit\n\nrestrictions applicable to disposal wells.","path":["OK Code","Title 52"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os52.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c2cf31ae70958a0a5116ee74503549c9e657ab804691dc8d8af45acddaff018c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-52-52-86.6","next":"us-ok/okla.-stat.-tit.-52-52-86.8"},"notice":"GroundRules: Original legal text. Not legal advice."}