Austin, TX — A new Texas bill is stirring up both praise and concern as it clears the way for using treated oilfield wastewater—also known as produced water—in agriculture and other non-drinking applications. House Bill 49 (HB 49), passed by the Legislature this year and awaiting the Governor’s signature, aims to solve two problems at once: water scarcity and oilfield waste. But some scientists and environmental advocates are warning that the fix may come with long-term consequences.
What Is Produced Water?
Produced water is a salty byproduct of oil and gas drilling. It contains not just water, but also a mix of chemicals used in fracking, naturally occurring substances like heavy metals, radioactive materials, and, in many cases, harmful forever chemicals (PFAS). Every day, Texas oil fields produce over 1 billion gallons of this wastewater—most of which is injected underground. HB 49 hopes to turn that waste into a resource.
What HB 49 Does
HB 49 encourages the reuse of treated produced water outside of the oilfield—especially in agriculture and land development. It shields oil and gas operators, water sellers, and landowners from liability unless they act with gross negligence or violate environmental laws.
In simple terms: If a company follows existing guidelines, they won’t be held responsible for environmental or health damage caused by treated water—unless they break the law.
Pros: Why Supporters Say It’s a Win
- Addresses Texas’ Water Crisis: With droughts worsening and population booming, Texas needs new water sources. Supporters say this could help irrigate crops, reduce pressure on aquifers, and even support city landscaping.
- Reduces Waste: Instead of injecting billions of gallons underground, producers can recycle water, reducing pressure on disposal wells and decreasing earthquake risk in some regions.
- Boosts Innovation: The bill is seen as a green light for water-tech companies to invest in advanced treatment systems across Texas.
Cons: What Critics Are Worried About
- Unclear Safety Standards: The bill leaves safety guidelines up to the Texas Commission on Environmental Quality (TCEQ), which hasn’t finalized how treated water must be tested before reuse. There’s concern the water could still contain PFAS, benzene, or radioactive elements.
- No Long-Term Studies: While some short-term pilot projects show promise, experts say there’s not enough data to prove the water is safe for soil health, food crops, or nearby water sources in the long run.
- Limited Liability May Backfire: Opponents warn that shielding companies from lawsuits could encourage cutting corners in testing or transparency.
- Unknown Impact on Texas Farms: High salt and chemical levels could damage soil, affect plant growth, or taint food crops without rigorous oversight.
Could This Affect Your Food?
It might. If HB 49 moves forward and treated water is used to irrigate crops or pasture, it’s possible the food you eat—or the meat from animals raised on that land—could come from farms using recycled fracking water. While some water treatment firms insist their systems remove dangerous contaminants, the lack of clear, enforceable standards leaves consumers in the dark.
Expert Take
“This law could help Texas survive future droughts,” says Dr. Andrea Flores, a water policy researcher at UT-Austin. “But we need science-based safety thresholds, not just industry good intentions. Water reuse only works when people trust it.”
What Comes Next?
HB 49 now awaits Governor Greg Abbott’s signature. If signed into law, the TCEQ will begin rulemaking on what treatment methods and testing are required. Environmental groups are pushing for public hearings and independent reviews.
The Bottom Line
HB 49 could transform Texas’ water future—or leave it vulnerable to new, unseen risks. Whether it’s a smart reuse strategy or a premature leap depends on how the state handles regulation, testing, and transparency.
Texans may soon be asking a new question at the grocery store: Where did this water come from?
