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In Landmark Decision, Texas Supreme Court Holds That Produced Water Belongs to the Mineral Estate Lessee

July 21, 2025

By Paul R. Genenderand Craig Stanfield

Texas Commercial Litigation practice chair and Complex Litigation and Arbitration practice co-chair Paul Genender and partner Craig Stanfield co-authored an article in The Texas Lawbook on a recent Supreme Court of Texas ruling that answered who owns produced water.

In the article, they discuss Cactus Water Services, LLC v. COG Operating and how the court unanimously held that, absent express contractual language to the contrary, produced water belongs to the mineral estate lessee, not the surface estate owner.

Associate William Mahoney also contributed to the article.

Click here for a PDF of the full text

Practice Areas

Complex Litigation and Arbitration

Litigation


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Image: Paul R. Genender
Paul R. Genender

Partner, Litigation Department

Image: Craig Stanfield
Craig Stanfield

Partner, Litigation Department