Failed P-13 Water Wells: The Real Orphan Wells and How Texas is Denying Ownership

Texas law recognizes there are environmental implications when drilling a well through freshwater aquifers, and legislation mandates various state agencies oversee wells based on the original reason the well was drilled. Wells drilled with the intent of discovering and extracting oil and gas are overseen by the Railroad Commission of Texas, while wells drilled for water supply are overseen by the Texas Department of Licensing and Regulation. Under current law, jurisdiction changes when a well that was originally developed for oil and gas purposes is converted to a water well. This is typically done by simply placing a plug at the base of usable water. Under these circumstances, jurisdiction over the well is transferred by the Railroad Commission of Texas to the Texas Water Development Board via Form P-13. Complications arise when well integrity fails—such as when the plug in a P-13 well fails—and poor-quality fluids from deeper formations flow into shallow freshwater reservoirs or even to the surface. Currently, both the Railroad Commission of Texas and the Texas Water Development Board disavow jurisdiction over these wells, meaning that Texas provides no regulatory oversight for failed P-13 wells. This paper reviews the current state of regulatory oversight of failed P-13 wells in Texas, with recommendations to clarify the regulatory dilemma.