Water Protection

Summary

This practice note discusses water protection rules using Texas as a model for other jurisdictions looking to protect their waterways. The Texas rules are rather lengthy—the definitions section alone contains 48 unique terms, discussion of which is outside the scope of this note. Rule 3.8(c) effectively states that all oil, gas and geothermal wells, or wells drilled for exploratory purposes, are to be governed by the Railroad Commission of Texas’s rules. Keep in mind that water protection rules are likely to vary considerably from state to state, even as the overall objectives will be similar. Key provisions of the sample Texas rule are detailed in this practice note.