The Permian Basin in Texas is the largest oil and gas producing region in the United States. As such, hydraulic fracturing, or fracking - the extraction of natural gas or oil from rock using large quantities of water, chemicals, and sand - faces growing opposition as water resources dwindle. However, it is not only the quantity of water used in the extraction process that is under fire, but also the question of where to safely dispose of billions of barrels of toxic oil and gas wastewater while maintaining the health of water resources.

In January of 2024, the city of Midland, Texas will challenge permits secured by Pilot Water to inject oil and gas wastewater into the ground. Although the permits cover 18 disposal wells, only five are being contested as they are within 1,000 feet of water wells that supply the city with approximately 30% of its water.[1] Each well has the capacity to retain as much as 24,900 barrels of produced water per day.

The disposal wells are designed to prevent leaks; however, evidence of wastewater leaking into aquifers has been previously documented and is at the heart of Midland’s argument, whether due to well design or other circumstances.

Another risk to groundwater associated with disposal wells is earthquakes, which have dramatically increased in recent years with two 5.0 magnitude earthquakes occurring within the last year. In 2021, new regulations were enacted that restrict deep injection and place limits on locations called “Seismic Response Areas” due to evidence linking increased earthquakes in the region to disposal wells.”[2] The increased restrictions make it difficult for companies to dispose of produced water, and consequently, the introduction of new gas and oil wells has slowed.

Companies are incorporating more reuse of the produced water into their business practices, and the state is considering alternatives to disposal wells. That said, until an option becomes available that is more cost-effective than disposal wells, litigation protecting water sources is likely to surge.

[1] Pskowski, Martha. “Oil or Water? Midland Says Disposal Wells Could Threaten Water Supply.” Inside Climate News, 12 Nov. 2023, insideclimatenews.org/news/12112023/midland-texas-challenges-injection-wells-wastewater/.

[2] Seismicity Response, www.rrc.texas.gov/oil-and-gas/applications-and-permits/injection-storage-permits/oil-and-gas-waste-disposal/injection-disposal-permit-procedures/seismicity-review/seismicity-response/. Accessed 12 Dec. 2023.