1. A. The Corporation Commission is hereby vested with jurisdiction over the following:

   1. 1. The drilling for or production of brine for commercial purposes;
   2. 2. Class V injection wells used for the injection or disposal of mineral brines as defined in the federal Safe Drinking Water Act and 40 CFR Part 146; and
   3. 3. Class V wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts as defined in 40 CFR Part 146.

2. B. The Commission may promulgate rules that:

   1. 1. Are reasonably necessary to effectuate the purposes of this act, including rules governing the drilling of production, injection or disposal wells and the injection of effluent into underground formations; and
   2. 2. Ensure that the drilling, casing and plugging of wells is done in such a manner as to prevent the escape of brine and effluent from one formation to another and to prevent the pollution of fresh water supplies throughout the state.
3. C. The enforcement and adherence to the Oklahoma Brine Development Act shall not apply to nor shall the Corporation Commission have jurisdiction over Class I, III, IV or V wells regulated by the Department of Environmental Quality pursuant to the federal Safe Drinking Water Act and 40 CFR Parts 144 through 148, inclusive, and the Oklahoma Environmental Quality Act.
4. D. Nothing herein shall be construed to obligate the oil and gas operator to engage in constituent mineral extraction.
5. E. A party who transfers produced water to another party for the commercial extraction and sale of one or more constituent elements, or to a recycler as defined in paragraph 22 of Section 502 of this title, shall not be liable in tort or otherwise, before or after custody transfer, for the use, handling, treatment, processing, or disposition by the receiving party or any subsequent party of such produced water or of any byproducts, residual materials, or waste derived therefrom. This limitation of liability shall apply regardless of whether the transferring party is the operator of the produced water unit, operator of the oil or gas well from which the produced water is derived, a transporter, or a disposal operator. Nothing in this subsection shall be construed to relieve the transferring party of liability for its own acts or omissions occurring prior to the point of custody transfer, including any obligation to comply with applicable environmental laws and regulations governing the handling, storage, and transportation of produced water prior to transfer.

Laws 1990, SB 263, c. 255, § 4, eff. September 1, 1990; Amended by Laws 2000, SB 1223, c. 364, § 3, emerg. eff. June 6, 2000 (superseded document available); Amended by Laws 2026, HB 4338, c. 341, § 4, emerg. eff. May 12, 2026 (superseded document available).