A view of an oil well adjacent to the Red Bluff Reservoir in Reeves County, Texas on Feb. 24, 2020. NGL Water Solutions Permian has proposed to discharge treated produced water into the reservoir. Credit: Justin Hamel

These days the Pecos River barely fills its dry, sandy bed where it crosses West Texas, but the river could be poised to flow again — with treated oilfield wastewater.

Companies are racing to figure out what to do with the tremendous volume of noxious water that comes up from underground during oil and gas drilling in the Permian Basin, but a growing cohort of companies say they’ve developed a means to purify that fluid and release it in the Pecos and other watersheds.

“This is new ground for all of us and we know it’s got to be done the right way,” said Robert Crain, executive vice president of Texas Pacific Water Resources, a company seeking to discharge treated water. “We’re not the only folks that are chasing this.”

For decades, oil drillers have injected their wastewater, known as “produced water,” back underground for disposal. But an intensifying spate of earthquakes tied to produced water injection wells in recent years has prompted the Railroad Commission of Texas, which regulates drilling and injection, to tighten restrictions on injection disposal, spurring a search for alternatives.

After two years of studies, the company is applying for a state permit to discharge up 840,000 gallons per day of treated oilfield wastewater into a tributary of Salt Creek, which feeds into the Pecos River. That volume won’t turn the Pecos into a roaring river but it could open doors for larger projects that could transform the river.

The Texas Commission on Environmental Quality issued a permit for a company to discharge produced water in Atascosa County, southeast of San Antonio in the Eagle Ford Shale basin, earlier this year and is reviewing another application near Eagle Pass. A second company has also applied to discharge into the Pecos River watershed.

But scientists and environmental advocates have raised questions about the impacts of introducing this new waste stream into rivers. Federal regulations for these discharges are limited, delegating individual states to oversee their environmental and health impacts. Now responsibility lies with TCEQ to set requirements for these new discharges and the myriad pollutants found in produced water.

Everything from naturally occurring radioactive material, to dozens of toxic drilling lubricants, to “forever chemicals” known as PFAS have been detected in produced water. Existing water quality standards do not cover many of these constituents, leaving regulators to evaluate the risk of these discharges with limited toxicity data.

Texas joins states like Pennsylvania and Wyoming that are among the few that have permitted produced water discharges. Pollution problems related to produced water discharges have been documented in both states. In neighboring New Mexico, regulators have decided to wait for more scientific study before issuing permits for discharges.

“Let’s make sure that, as they develop their plans, they keep the best interest of the river in mind and not just some nebulous idea that it’s a place to dump water anytime you want to.”

When it comes to produced water reuse, some companies are putting in serious effort to do it safely, said Ira Yates, founder of Friends of the Pecos and heir to a West Texas oil fortune. But he worries that if the gates are opened on discharges, other startups won’t be as thoughtful.

“All people are really trying to do is get rid of their water so they can pump more oil,” said Yates. “Let’s make sure that, as they develop their plans, they keep the best interest of the river in mind and not just some nebulous idea that it’s a place to dump water anytime you want to.”

A TCEQ spokesperson, Richard Richter, said the agency’s water quality standards “comply with state and federal water quality rules” and are “protective of surface water quality, human health, and the environment.” He said the agency will set limits on specific pollutants in produced water and that these limits could include both pollutants that are currently regulated and those that are not.

Texas Ramps Up Discharge Permit Program

Produced water is typically injected underground through thousands of disposal wells around the state. But restrictions have been tightened on disposal wells since they have been linked to earthquakes in West Texas. Chevron CEO Mike Wirth said last year that disposal capacity in the Permian Basin “is becoming an issue.” The company had to reduce deep injection by 75 percent in one of the seismic areas, according to the Permian Basin Petroleum Association magazine.

Oil and gas producers recycle a small portion of produced water. Treating the water, which can be ten times saltier than seawater and is often laced with leftover fracking chemicals, has been uneconomical so far, especially compared with the low cost of injection disposal.

An oil drilling operation on the banks of the Red Bluff Reservoir in Reeves County, Texas on May 27, 2020. Credit: Justin Hamel