Produced Water Ownership Survey
The Legal and Regulatory Affairs Committee conducted a survey of the member states and provinces in order to provide a summary on how individual states are legally and regulatorily addressing produced water. This summary is available to the public as a learning tool for how individual states and provinces are regulating, handling or otherwise managing produced water as a by-product of oil and gas exploration and production.
Water laws are broadly differentiated by region, due to the surplus of the resource in the east and the scarcity of the resource in the west. Accordingly, the same appears to be true with produced water laws, as the survey results highlight a similar geographical delineation for how produced water is regulated based on the region. Click on the states and provinces below to review their produced water laws, regulations and rules as they pertain to oil and gas exploration and production.
Disclaimer: Reasonable efforts have been taken to ensure that the information provided on this site is accurate. However, due to the evolving nature of regulatory development, no guarantees for the currency or accuracy of information can be made. This disclaimer applies to both isolated and aggregated publications of information.
Committee Projects
- 2020 Committee Project: Produced Water Ownership Survey
- 2018 Joint Committee Project: Transfer of Infrastructure and Liabilities
- 2017 Committee Project: Idle Well Toolbox for State and Provincial Regulators
- 2016 Committee Project: State Financial Assurance Requirements
- 2015 Committee Project: Horizontal Well Development Pooling, Spacing and Unitization
State/Provincial Summaries of Produced Water Ownership
Below is a summary table of the member states and provinces produced water ownership.
Click each state/ province for a complete review of their survey responses
* = States with no response
Produced Water Ownership Survey
What States and Provinces holds the right to water that has not yet been produced?
| States | Landowner | Operator | Government | Other (specify) |
|---|---|---|---|---|
| Alabama | Possession, Use | |||
| Alaska | Possession, Use | |||
| * Arizona |
|
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| Arkansas | Possession, Use | Possession, Use | Use | See full review for detailed water rights |
| * California | ||||
| * Colorado | ||||
| * Florida | ||||
| * Georgia | ||||
| * Idaho | ||||
| Illinois | ||||
| * Indiana | ||||
| * Kansas | ||||
| Kentucky | Possession, Use | |||
| Louisiana | ||||
| * Maryland | ||||
| Michigan | Use | By lease agreement | Only as a landowner | |
| Mississippi | Possession, Use | |||
| * Montana | ||||
| Nebraska | ||||
| Nevada | Possession, Use | All water within the boundaries of the state, whether above or beneath the surface of the ground, belongs to the public and is subject to appropriation for beneficial uses. | ||
| New Mexico | ||||
| New York | Possession | Use | Use | The mineral lease holder has access to use of the water. |
| * North Carolina | ||||
| North Dakota | Rights by the mineral lease. | Possession, Use | ||
| Ohio | Possession, Use | |||
| Oklahoma | Possession, Use | |||
| * Oregon | ||||
| Pennsylvania | ||||
| * South Carolina | ||||
| South Dakota | ||||
| * Tennessee | ||||
| Texas | Possession | |||
| Utah | Use - to the extent that underground water is kept in the industrial process and is not yet appropriated by the State Engineer. | Possession | Use - other rights subject to adjudication and appropriation by the State Engineer. | |
| Virginia | Public has the right to use and possess. | |||
| * Washington | ||||
| West Virginia | ||||
| Wyoming | Possession, Use | |||
Provinces |
||||
| Alberta | ||||
| British Columbia |
Possession, Use |
Can also store and dispose. |
||
| Northwest Territories | ||||
| * Nova Scotia | ||||
| Saskatchewan | Possession, Use | |||
| * Yukon |
Who holds the right to water after it has been brought to the surface?
| States | Landowner | Operator | Government | Other (specify) |
|---|---|---|---|---|
| Alabama | ||||
| Alaska | Possession, Use | |||
| * Arizona | ||||
| Arkansas | Possession, Use | Possession, Use | Possession, Use | See full review for detailed water rights |
| * California | ||||
| * Colorado | ||||
| * Florida | ||||
| * Georgia | ||||
| * Idaho | ||||
| * Idaho | ||||
| Illinois | ||||
| * Indiana | ||||
| * Kansas | ||||
| Kentucky | Possession, Use | |||
| Louisiana | Possession, Use | |||
| * Maryland | ||||
| Michigan | Possession and Use by agreement only transferring liability |
Possession, Use | ||
| Mississippi | Possession, Use | |||
| * Montana | ||||
| Nebraska | Possession, Use | |||
| Nevada | Possession, Use The holder of a water right is the owner of the water. Does not grant access or easement to use of the water. |
|||
| New Mexico | Possession, Use | |||
| New York | Possession, Use | Use | The mineral lease holder has access to possess and use the water. | |
| * North Carolina | ||||
| North Dakota | Possession, Use | Possession | ||
| Ohio | Possession, Use | |||
| Oklahoma | Possession, Use | |||
| * Oregon | ||||
| Pennsylvania | ||||
| * South Carolina | ||||
| South Dakota | ||||
| * Tennessee | ||||
| Texas | Possession, Use Operator also has |
|||
| Utah | Use - to the extent that produced water is kept in the industrial process and is not yet appropriated by the State Engineer. | Possession | Use - other rights subject to adjudication and appropriation by the State Engineer. | |
| Virginia | ||||
| * Washington | ||||
| West Virginia | ||||
| Wyoming | Possession, Use | Possession, Use | ||
| PROVINCES | ||||
| Alberta | ||||
| British Columbia |
Possession, Use | |||
| Northwest Territories | ||||
| * Nova Scotia | ||||
| Saskatchewan | Possession, Use | |||
| * Yukon |