Beyond Produced Water: Extending Cactus Water to Lithium and Other Oilfield Waste

The Supreme Court of Texas addressed ownership of hydrocarbon waste in a typical oil and gas lease in Cactus Water Services, LLC v. COG Operating, LLC.Despite its importance, the holding was narrowly tailored to the issue before the court.The Court held that "produced water" and constituent water molecules belong to the producer absent express language otherwise.The majority opinion did not address the "product stream" theory or how this holding applies to other waste substances and constituent products.However, the reasoning the Court used to imply ownership of produced water and constituent water molecules is just as applicable to other waste products and constituents.This article will therefore argue that Texas courts should follow the same ownership framework applied to produced water and clearly establish the rule that other waste products-and substances entrained within-are property of the producer.* The University of Oklahoma College of Law, J.D. Candidate, Class of 2027.I would like to thank Professor Joseph A. Schremmer for his invaluable support and for sharing his incredible knowledge.I am