Disposition pathways · HB 49 in effect

Beneficial Reuse

Current non-oilfield pathways, active sectors, and how to connect.

HB 49
In effect Sept 2025
Dust / land app
Practical near-term path
TCEQ 309/210
Comment closed · adoption pending
Cactus v. COG
Ownership clarity 2025
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Operators / leaseholders — volume available for offtake, reuse, or partnerships.

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Status that affects deals

Regulatory / legal notes

Texas HB 49 — Sept 2025

Beneficial reuse outside oilfield apps authorized. Liability framework for non-oilfield supply contracts. RRC/TCEQ oversight.

In effect

Cactus v. COG — 2025

Produced water belongs to the mineral lessee unless contract says otherwise. Reduces ownership ambiguity for contracting.

Court ruling

TCEQ Chapter 309/210

Land-application pathway for treated produced water. Comment period closed June 16, 2026. Adoption / response-to-comments in progress.

Pending adoption
Supply note

Who is closest to offtake

Large Permian water midstream / recycling companies (e.g. Select, WaterBridge, NGL, Renovo and peers) are the entities most often positioned for treated external offtake. Much capacity is still pilot or near-commercial; many land-application uses track TCEQ 309/210 adoption.

Not a liquid spot market. Typical path: pilot → LOI → term supply with treatment, logistics, and permits lined up.

Recycling / treatment → Midstream →

Deal shape today: mostly pilot → offtake LOI → term supply. Use sector specs below; confirm chemistry, contract, and compliance with your advisors.

Pathways

Active sectors & key specs

Data Centers

High urgency

AI infrastructure buildout in West Texas is creating massive cooling water demand. Data centers require large, reliable volumes of water for cooling towers — and the Permian Basin's abundant produced water supply makes it a natural fit, especially given the scarcity of freshwater in the region.

Key drivers: proximity to power generation, available land, and the economics of co-location with existing oil and gas infrastructure. Several projects are in active site selection and early water sourcing discussions in the Permian. Treatment infrastructure is scaling toward the volumes required — long-term supply agreements are being evaluated now. Gradiant, which built the first zero liquid discharge plant for Pioneer Natural Resources in the Midland Basin, is now actively marketing cooling water solutions for AI data centers using treated produced water — a direct commercial bridge between Permian produced water supply and data center demand.

Water quality targets
TDS<500 ppm (cooling)
Hardness<200 ppm
BacteriaNon-detect
Volume need100K–1M+ bbl/mo

Lithium Extraction

Active projects

Permian Basin produced water contains naturally occurring lithium at 15–200+ mg/L concentrations. Element3, LibertyStream/Select, and other companies have active commercial extraction projects — Element3 is commissioning the first commercial-scale unit in the Permian with deliveries targeted for 2026. Unlike other reuse categories, lithium companies are not purchasing water — they are seeking access to produced water streams to extract dissolved minerals.

Cactus v. COG (2025) clarified that dissolved minerals belong to the mineral lessee, making extraction access agreements possible to structure and finance. If you have a produced water stream with lithium potential, this is the connection to make now.

Source water specs
Lithium conc.50–200+ mg/L
TDS50,000–200,000 ppm
Volume (min)10,000+ bbl/day
Contract term5–20 year preferred

Power Generation

Emerging

Thermoelectric power plants (natural gas peakers serving data center load) and emerging hydrogen production facilities require significant cooling and process water. Co-locating with produced water supply sources in the Permian reduces freshwater dependency and offers cost advantages over trucking water from other sources.

Power generation at oilfield sites using produced water for steam injection and cooling is an area of growing interest. NGL Energy Partners and Natura Resources announced a collaboration in 2026 to explore using nuclear desalination technology to treat produced water for power generation and data center cooling simultaneously.

Water quality targets
TDS (cooling)<1,000 ppm
Silica<50 ppm
Suspended solids<10 ppm
Volume needVariable by plant

Agriculture & Dust Control

Regulatory dependent

Agricultural irrigation with treated produced water is technologically feasible but remains the most regulatory-constrained reuse pathway. TCEQ Chapter 309/210 (currently in public comment) will establish the formal permitting framework for land application, including irrigation.

Produced water for road dust suppression is already widely practiced in the Permian under existing RRC authority. However, this activity now falls under TCEQ's new permitting framework following the SB 1145 transfer. See our dust control compliance guide.

Regulatory status
Dust controlPermit required
IrrigationRules pending
FrameworkTCEQ Ch. 309/210
Connect

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Beneficial reuse updates

Sector and regulatory notes — monthly.