Texas is facing a major water shortage. The state’s population is projected to grow 73% by 2070, while its water supply is expected to shrink by 18%. Already, aging infrastructure is leaking over 570,000 acre-feet of water each year, and officials warn that by 2030, Texas could face a severe shortage.
The state’s two main sources of water — groundwater in aquifers and surface water such as lakes, rivers and reservoirs — are susceptible to depletion from climate change.
To combat the state’s looming water shortage, Texas passed House Bill 49, a law that allows treated fracking wastewater to be used for agricultural and industrial purposes. But some farmers and environmental advocates are concerned that the law shields oil companies and landowners from liability if the treated wastewater causes contamination.
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Fracking wastewater may become Texas’ next water source
The water Texas wants to repurpose (known as “produced water”) comes from fracking, the process of injecting a high-pressure mix of water, chemicals and “proppants” like sand into underground rock to release oil and gas. For every barrel of oil extracted, wells can generate up to five barrels of this wastewater.
Once brought to the surface, produced water contains a complex mix of toxic chemicals, salts and other contaminants. Some companies say they now have the technology to treat it to a usable standard, but until recently, legal uncertainty kept them from investing in large-scale reuse.
Michael Lozano, who leads government affairs at the Permian Basin Petroleum Association, told The Texas Tribune that this new process could decrease reliance on fresh water, and that “without developing this field with legal certainty, Texas will miss out on millions of barrels a day of treated produced water.”
House Bill 49 aims to change that. Signed by Governor Greg Abbott and set to take effect September 1, 2025, the law allows treated produced water to be used for crops and industrial purposes. Supporters say the treated water could help stabilize supply without harming crops — if it’s properly cleaned.
“We need water,” Texas Agriculture Commissioner Sid Miller told WFAA 8 “We don’t really care what the source is as long as it’s good, clean water that we can grow crops with.”
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Some fear a repeat of a past disaster
Miller says “some farmers are open to the idea if the water is thoroughly cleaned and held to strict standards,” reports WFAA 8, but other farmers are worried they’ll face a similar experience as they’ve had with biosolids — sewage sludge that’s been treated to meet EPA regulations and then used as fertilizer.
Earlier this year, Johnson County declared a state of disaster after dangerous levels of “forever chemicals” were found in agricultural land and groundwater, leading to the deaths of fish and cattle.
According to county officials, these chemicals came from biosolids used as fertilizer in the area. Farmers are worried they may face a similar situation with fracking water, which can contain carcinogens.
Critics point to a controversial provision in House Bill 49: it limits liability for oil companies, haulers and landowners if contamination occurs, except in cases of gross negligence or violations of treatment laws. Some question how the state plans to regulate the chemicals in fracking water when it failed to do so in biosolids.
“We don’t even know all the chemicals that are used in oil and gas fracking because they’re proprietary,” said Dana Ames, a Johnson County landowner and advocate, in an interview with WFAA 8.
Some estimates have detected hundreds of chemicals in produced water, making it “complicated to treat,” and permits may not account for every contaminant, Nichole Saunders, senior attorney at the Environmental Defense Fund, told The Texas Tribune.
Dan Mueller, an engineer and produced water expert, told The Texas Tribune he doesn’t believe the treatment technologies have been tested thoroughly enough yet — and that without assurances, companies will need to be financially responsible for environmental issues.
“The responsibility to clean up any contamination that might occur is going to fall to the state, and ultimately that falls to the taxpayer, who will have to foot the bill,” he said. “That’s just not right.”
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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