Disposal Water Ruling in TX

With the recent court ruling in TX finding disposal water to be the property of the mineral estate, is anyone integrating lease terms around the sale or repurposing of these liquids? What about terms around rare earth elements (REEs) and/or hydrocarbons that may be found and potentially extracted & sold from the disposal water?

Appreciate any ideas around how to incorporate these new topics into standard lease termplates.

There will be several speakers at the NARO-TX convention July 23-26 discussing this very issue. We are honored to have the author of several papers referenced in the opinion, Ben Sebree, as a speaker at our conference. Please join us to learn more. NARO - National Association of Royalty Owners - 2025 NARO Texas Convention

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