1. A. If, after proper application and notice, the Corporation Commission in its hearing shall find by substantial evidence that:

   1. 1. There exists a brine common source of supply or prospective brine common source of supply for brine or produced water;
   2. 2. Unitized management, operation and further development of the brine common source of supply for brine or produced water from oil or gas wells is reasonably necessary in order to effectively develop the brine and allow for the extraction of its constituent elements;
   3. 3. Unitized operation as applied to such brine common source of supply or produced water is feasible and will prevent waste and, with reasonable probability, will result in greater ultimate recovery of brine and its constituent parts;
   4. 4. Such unitization is for the common good and will result in the general advantage of the owners of the brine rights within the proposed brine production unit or produced water unit and will protect the correlative rights of the owners within the brine common source of supply or produced water; and

   5. 5. The creation of a brine production unit or produced water unit will accomplish one or more of the following:

      1. a. avoid the drilling of unnecessary wells,
      2. b. prevent waste,
      3. c. protect correlative rights,
      4. d. increase the ultimate recovery of brine from the brine common source of supply and unit covered by the application, or

      5. e. allow recovery and extraction of constituent elements from produced water,

         the Commission shall make a finding to that effect and enter an order creating the brine production unit or produced water unit, and requiring unitized operation of the prospective brine common source of supply or portion thereof described in the order.

2. B. If the Commission in its hearing shall find by substantial evidence that:

   1. 1. The proposed unit is a brine production unit, and not a produced water unit;
   2. 2. Solution gas exists within the brine common source of supply or prospective brine common source of supply;
   3. 3. The production of brine is impossible or impractical without also producing the solution gas; and

   4. 4. The unitization of the brine common source of supply is impractical or impossible without also unitizing the associated solution gas,

      the Commission shall make a finding to that effect and shall further provide in its order for the unitization of the solution gas within the brine production unit area.

3. C. Orders of the Commission entered pursuant to Section 87.1 of Title 52 of the Oklahoma Statutes establishing drilling and spacing units for the production of oil, gas or oil and gas shall not be applicable to the drilling of brine wells or the production of solution gas from a brine production unit established by an order issued pursuant to this act. However, such drilling and spacing orders shall remain applicable to oil or gas wells and associated oil and gas production, and shall serve as general nonmandatory guidelines for establishing the size, shape, and common source of supply of any produced water unit established under this act.

Laws 1990, SB 263, c. 255, § 7, eff. September 1, 1990; Amended by Laws 2026, HB 4338, c. 341, § 6, emerg. eff. May 12, 2026 (superseded document available).