Texas High Court Says Fracking Operator Gets Rights To Produced Water

( July 9, 2025, 8:54 AM EDT) -- AUSTIN, Texas — In a case of first impression, the Texas Supreme Court has ruled that a hydraulic fracturing lease “using typical language to convey oil-and-gas rights” gives the fracking operator rights to what is referred to as produced water.  The court said that if the surface owner wants to retain ownership of that water, the reservation or exception from the mineral conveyance “must be express and cannot be implied.”...