Texas
Why Midland, Texas’ oil capital, is challenging wastewater drilling permits
Attorneys for the city of Midland, the oil capital of Texas, made an unusual request to state regulators this year: Could they please be allowed to challenge drilling permits?
The Railroad Commission of Texas, which regulates oil and gas drilling and disposal wells, agreed in June to give Midland standing to challenge the permits. The case will go before a Railroad Commission administrative judge in January 2024. The dispute highlights two rising challenges in West Texas: where to dispose of billions of barrels of toxic oil and gas wastewater and how to get enough freshwater to keep the taps flowing.
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Midland Mayor Lori Blong, herself the co-owner of the oil and gas company Octane Energy, traveled to Austin in June to appeal to the Railroad Commission in an open meeting.
“Midland has an independent and friendly relationship with the oil and gas industry,” Blong told the commissioners, adding disposal wells are “essential” to that industry.
“However, I also understand that all SWD (saltwater disposal) well construction procedures and applications are not created equal, and across Texas, they must demonstrate that groundwater is protected,” Blong said.
Zachary Neal, Pilot Water Solutions’ executive vice president, said the company has introduced multiple layers of protection in the proposed wells and will take groundwater samples to monitor the safety of the community’s water supply. Neal said these steps “exceed regulatory requirements.”
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Demand and Disposal
Midland’s water woes are nothing new. In 1965, the city bought the 20,229-acre T-Bar Ranch in Winkler County, a rural part of the Permian Basin near the New Mexico state line, for future water supply.
That decision proved prescient after the drought of 2011 in the Permian Basin. That year reservoirs dipped lower and lower and Midland and Odessa introduced water restrictions for the first time. Midland, the quintessential oil boom town, acknowledged that development would grind to a halt if there wasn’t enough water to go around.
After squeaking through 2011, Midland decided it was time to tap into the T-Bar Ranch water. A 67-mile pipeline was completed by May 2013 at a cost of over $200 million to connect the T-Bar Ranch to Midland. The T-Bar Ranch was also designated as Midland’s emergency water supply.
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That’s why a series of permit applications to drill wastewater wells adjacent to the ranch caught the attention of Midland officials. According to Midland’s protest letter, the city owns the groundwater under Sections 15 and 16, Block C-23, which are adjacent to the T-Bar Ranch and where Pilot intends to drill the wells.
Between June and November 2022, Pilot Water Solutions applied for permits to drill 18 disposal wells there with a combined capacity of up to 567 million gallons of produced water per month. Disposal wells, also known as injection wells, receive the huge volumes of produced water that come up alongside oil and gas in the drilling process.
Fracking a single oil or gas well can require tens of millions of gallons of water. According to its website, Pilot operates 126 disposal wells and more than 850 miles of water pipelines.
On Dec. 2, 2022, attorneys for the city of Midland protested the applications for five of the wells with the Railroad Commission. Pilot was proposing to inject up to 24,900 barrels of produced water per day, per well, within 1,000 feet of Midland’s water wells, according to the city.
The lawyers wrote that the city had completed 42 water wells in the T-Bar Ranch area that provide between 30% and 35% of the city’s freshwater supply.
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“The City of Midland is entitled to protest as an affected person in order to protect its critical water supply and long-term investment of the water supply distribution system,” they wrote.
The Railroad Commission at first rejected Midland’s request for standing in the case. But after Blong appealed to the commissioners in June, the city was allowed to challenge the permits.
The City of Midland and its attorneys declined to comment on the pending case.
A Railroad Commission spokesperson said that its permitting rules protect ground and freshwater and make sure that wells are properly constructed “to ensure that the fluid is confined to the proposed injection or disposal interval.”
Neal of Pilot Water Solutions said that the proposed wells were designed with three strings of steel casing, which are each protected by cement to the surface. Pilot would also install wellhead automation to monitor for leaks and shut in injection if any leaks are detected.
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“Pilot is continuing to do its part and working with the City of Midland and the surrounding communities to address any concerns they may have,” he said in a statement.
Neal said Pilot identified and studied all wellbores within a half-mile radius of the proposed disposal wells, including abandoned or plugged wells. He said the Railroad Commission verified “there were no concerns that any abandoned wells within a 1/4 mile radius were not adequately plugged.”
The Railroad Commission spokesperson did not confirm whether or not abandoned wells have been identified within a quarter mile radius of the proposed Pilot disposal wells but acknowledged any such wells must be “properly plugged.”
The administrative hearing for Midland’s challenge to Pilot’s permit applications is scheduled for Jan. 8-11 in Austin. Two Railroad Commission administrative judges will decide whether to deny or modify the permits or approve them as is.
Texas
Texas AG sues Dallas for decriminalizing marijuana
Texas Attorney General Ken Paxton announced a lawsuit Thursday targeting the blue city of Dallas over a ballot measure that decriminalizes marijuana.
Paxton alleges that Proposition R, which “prohibits the Dallas Police Department from making arrests or issuing citations for marijuana possession or considering the odor of marijuana as probable cause for search or seizure,” violates state law.
The attorney general argues in the lawsuit that the ballot measure is preempted by Texas law, which criminalizes the possession and distribution of marijuana. Paxton also claims the Texas Constitution prohibits municipalities from adopting an ordinance that conflicts with laws enacted by the state legislature.
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“Cities cannot pick and choose which State laws they follow,” Paxton said in a statement. “The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them.”
Paxton called the ballot measure “a backdoor attempt to violate the Texas Constitution” and threatened to sue any other city that “tries to constrain police in this fashion.”
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The lawsuit comes after interim Dallas Police Department Chief Michael Igo directed Dallas police officers not to enforce marijuana laws against those found to be in possession of less than 4 ounces.
Ground Game Texas, a progressive nonprofit group that campaigned in favor of the ballot measure, argued it would help “keep people out of jail for marijuana possession,” “reduce racially biased policing” and “save millions in public funding.”
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“It’s unfortunate but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone’s time and money by filing yet another baseless lawsuit against marijuana decriminalization,” said Catina Voellinger, executive director for Ground Game Texas.
“Judges in Travis and Hays counties have already dismissed identical lawsuits filed there. The Dallas Freedom Act was overwhelmingly approved by 67% of voters — this is democracy in action.”
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Since January 2024, Paxton has filed lawsuits against five Texas cities that decriminalized marijuana possession, arguing these policies promote crime, drug abuse and violence.
Texas
Tre Johnson, Texas Longhorns Scrape Past Saint Joseph’s to Win Legends Classic
The Texas Longhorns are heading back to Austin with some early-season tournament hardware in hand.
Tre Johnson battled through another poor shooting night but closed the game out for Texas once again, scoring a game-high 17 points to lead the Longhorns to a 67-58 win over Saint Joseph’s at the Legends Classic championship round in Brooklyn Friday night.
Transfer guard Julian Larry sparked the Longhorns late, scoring all 12 of his points in the second half. Arthur Kaluma added 14 points, four rebounds and four assists while Kadin Shedrick had 10 points and six rebounds.
The Hawks were led by Rasheer Fleming, who stuffed the stat sheet with 16 points, 20 rebounds, three assists, two blocks and three steals. Xzayvier Brown added 15 points on 4 of 7 shooting.
The Longhorns jumped out to an 11-6 lead after seven early points from Kaluma. St. Joe’s started out cold from the field but controlled the game with hard-nosed defense and the occasional press while dominating the offensive glass. This was highlighted by a possession where the Hawks got four consecutive offensive rebounds but only scored one point as a result.
Johnson stayed aggressive on offense for Texas but was off on his shot and was impacted by the on-ball defense of St. Joe’s.
Mark, Pope and Johnson all hit a triple for Texas in about a two-minute span ahead of halftime to give the Longhorns their biggest lead at 32-26 but the Hawks responded with a free throw from Haskins 3-pointer from Brown before halftime to cut the lead to 32-30.
The defense from the Hawks ramped up even more, as the Longhorns were stuck in the mud on offense and had little to no ball movement. St. Joe’s was hardly much better, but its defense continued to set the tone and eventually swung the momentum.
Larry then hit back-to-back triples as the two teams traded buckets on five straight possessions. Consecutive dunks from Ajogbor and Fleming but the Hawks in front 50-46 with 8:25 to play, but Larry continued to take over. He hit 1,000 career points with a driving layup before finding Kaluma for a corner triple to put Texas back in front at 51-50.
It didn’t stop there for Larry, who found a cutting Shedrick for a dunk before diving on a loose ball down at the other end to secure possession for Texas, which had built a 55-52 lead with 3:13 left. The Longhorns used the momentum to put together an 8-0 run, which essentially sealed the win in a game where scoring felt hard to come by.
Johnson then closed the game out with six points in the final 4:11 of action, including a pullup jumper at the foul line to put Texas up 63-55 with 1:19 left.
Texas will host Delaware State on Nov. 29.
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Texas
UT System’s free tuition plan sparks resistance from some Texas lawmakers
WASHINGTON — State Rep. Brian Harrison, R-Midlothian, said Friday he plans to meet with top University of Texas System officials after they announced a plan to provide free tuition and waived fees to students whose families make $100,000 or less.
While many elected officials have praised the initiative, Harrison criticized it as an “abuse of power” that makes Texas higher education “more socialist than California.”
Harrison said Friday he’s unswayed by statements from the system and supporters who say the move will be funded from university endowments, not taxpayers.
Harrison compared such statements to someone saying they’re removing water from the shallow side of a pool, not the deep end. It’s all the same water.
“Money is fungible, so that doesn’t satisfy me in the slightest,” Harrison said.
The new initiative is an expansion of the Promise Plus Program, a needs-based financial aid initiative, and comes amid widespread concerns about the impact of inflation and college costs on families. Gov. Greg Abbott recently prohibited Texas colleges and universities from raising tuition for the next two years.
UT System Chancellor James B. Milliken hailed the expansion as a “game changer” that will make “enormous, real difference” to improve college access for all Texans.
Not everyone is a fan.
Harrison and like-minded House colleagues have compared it to President Joe Biden’s student loan forgiveness plan that drew intense blowback from conservatives and was largely struck down by the courts. They also said such a consequential change in policy should come from the elected lawmakers serving in the Legislature.
“There must be consequences,” Harrison said on X. “UT’s budget must be cut, and bureaucrats should be fired.”
He led 10 Republican lawmakers, most of them incoming freshmen, in a letter to the regents demanding answers to a litany of questions, including the price tag of the expansion and the source of that money.
“What specific statutory authority did the regents rely on to make a decision this consequential, which will have direct financial consequences for our constituents, many of whom are already struggling to put gas in their tanks and food on their tables?” the lawmakers wrote.
UT System spokesman Paul Corliss has said the program is not funded through taxes or any kind of public subsidy.
“Rather it is funded through existing UT System endowments,” Corliss said.
Rep. Donna Howard, D-Austin, hammered that point in a response to Harrison on social media.
“There are no tax dollars involved,” Howard said on X. “Higher Ed institutions are already helping families afford college. This expands philanthropic endowments and helps meet affordability goals of [Abbott and the Texas Higher Education Coordinating Board].”
Harrison and his colleagues will have to contend with many members of the public embracing a plan that already is encouraging young people to adjust their higher education aspirations.
Frank Whitefeather, a high school senior, stayed up until 2:30 a.m. Friday working on his college application essay.
He was freshly motivated after the announcement that students whose families make less than $100,000 annually will get free tuition and waived fees at the University of Texas at Austin and other schools in the UT System.
“I wouldn’t be in debt,” said Whitefeather, 17. “I wouldn’t have to have student loans.”
Whitefeather, who attends Dallas ISD’s Sunset High School, thinks the UT news also could change many of his peers’ lives. It’s already changing his plans. Whitefeather hopes to study engineering and be his own boss one day. Texas A&M and UT Austin were his top two choices, but the free tuition announcement has pushed UT ahead.
Harrison said the university system is being contradictory by simultaneously saying it has enough money to offer tuition-free education, but also that a tuition freeze could leave it cash strapped and require more funding from the Legislature.
“I guarantee you they’re going to be requesting more tax money from the Legislature next session,” he said.
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