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TCEQ to create new permitting program for land application of produced water under SB 1145

Texas Commission on Environmental Quality Water Quality Advisory Work Group · January 29, 2026
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Summary

Senate Bill 1145 transfers permitting for land application of oil-and-gas produced water from the Railroad Commission to the Texas Commission on Environmental Quality. TCEQ said it has received files from the Railroad Commission, will develop applications and guidance, and plans two rulemakings with public notice in mid-2026 and adoption actions in 2027.

The Texas Commission on Environmental Quality said Wednesday it is implementing Senate Bill 1145, which transfers authority to permit the land application of produced water from the Railroad Commission of Texas to TCEQ.

"The bill requires TCEQ to establish a new permitting program and application review process," Shannon Gibson, special assistant in the Water Quality Division, told the Water Quality Advisory Work Group. "We have received permit files from the Railroad Commission and pilot study files and are beginning to review those files."

Gibson said TCEQ has initiated two separate rulemakings to support the change. One will amend the memorandum of…

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