By Julie Tomascik
Editor

Protecting private property rights and identifying additional water sources for agriculture were among Texas Farm Bureau’s priorities outlined before state lawmakers this week.

The Texas House Committee on Energy Resources considered carbon capture and the potential use of produced water during an interim hearing Sept. 14.

Carbon capture projects could provide an economic opportunity for landowners by storing carbon dioxide in underground pore space.

That pore space, TFB Associate Legislative Director Blake Roach told lawmakers, belongs to the surface estate owner, and an agreement with the landowner is needed to use it for carbon storage.

TFB supports voluntary carbon storage projects that allow landowners to decide whether to participate.

“We don’t oppose carbon storage projects, but our policy is clear that these projects must respect private property rights and maintain the right of a landowner to hold the entity responsible for any negative impacts from storing the carbon,” Roach said.

TFB also supports protecting the rights of mineral owners to produce oil and gas that may underlie pore space used for carbon storage. The organization calls for permitting authority to remain with the Railroad Commission and environmental oversight with the Texas Commission on Environmental Quality.

In his testimony, Roach discussed the potential for reclaimed produced water from oil and gas operations to supplement water supplies for agriculture.

The need for additional water sources continues to increase across the state. Roach noted reduced rice acreage along the Lower Colorado River and water shortages in the Rio Grande Valley. The Ogallala Aquifer also is being depleted in many areas.

Those challenges increase the need for additional water sources. Reclaimed produced water from oil and gas operations could provide another option for agriculture.

“Utilizing produced water may benefit farmers in two ways: 1) Depending on the economics it could be a new source of water for agricultural irrigation; and 2) It could be utilized by other groundwater users to reduce the demand on the Ogallala Aquifer,” Roach said.

Affordability, however, remains a major obstacle.

“Farmers cannot afford to pay the costs associated with new water supplies. The math simply doesn’t work,” he said.

About 80% of the water used to irrigate crops in Texas is privately owned groundwater, according to TFB. For reclaimed produced water to become a viable option, companies would have to offer it at a price farmers can afford.

Some farmers have reported positive discussions with companies looking at potential partnerships with irrigated agriculture.

“Texas Farm Bureau will do whatever we can to facilitate the use of produced water for agriculture,” Roach said.