All Roll Calls
Yes: 321 • No: 2
OklahomaHB 4338Oklahoma 2026 Regular SessionHouseWALLET
Oklahoma Brine Development Act; modifications; modifying definitions; defining terms; Corporation Commission; emergency.
Sponsored By: Anthony Moore (Republican)
Signed by Governor
Senate Committee
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 2 benefits, 0 costs, 5 mixed.
Notice and talks with surface owners
Before drilling a brine well, the operator must send the surface owner a certified letter with the site and target date. Within five days after notice, both sides must start good‑faith talks on surface damages. If the owner cannot be found after reasonable effort, special notice steps apply. These notice and negotiation rules do not apply to forming a produced‑water unit.
Payments to owners: deadlines, details, penalties
Payments to owners must start no later than six months after the first sale, then follow shorter deadlines, often within 60 days. Small sums may be grouped: under $25 paid semiannually; $10 or less may be held until production ends; $25–$100 may be paid annually unless you ask for monthly. If title is not marketable, the money earns 6% annual interest until fixed. Each check must include unit, volumes, prices, your decimal share, and a list of all deductions and taxes. Violations owe unpaid proceeds plus 15% annual interest, and the winner in court can recover lawyer and expert fees; electronic payment is allowed with written consent.
Forming and approving brine or water units
To form or expand a brine or produced water unit, you must file with the Corporation Commission and attach a map and a full unit plan. The plan must name an operator, cover injection and effluent, set cost and payout shares, and explain takeover and wind‑down. The Commission must find a common brine source and that unitization is needed to prevent waste and protect rights; solution gas is unitized too when required. A brine unit plan takes effect only after signatures from at least 55% of right‑to‑drill owners and 55% of royalty owners within six months; this 55% rule does not apply to produced water units. The Commission can expand or shrink a unit when fair and needed to improve recovery or prevent waste.
Process produced water before final order
Operators who meet the statute’s criteria may start taking and processing produced water before a final unit order. They must file to create the produced water unit within 60 days and may get emergency relief when needed to prevent waste. They can sell extracted elements or reclaimed water and collect proceeds. Unless a contract says otherwise, they must hold a royalty share for any unleased brine owners in suspense until the Commission’s final order; the Commission sets the fair‑market royalty and can adjust it.
Clear authority and liability for brine projects
The Corporation Commission now oversees drilling and production of brine for commerce and certain Class V injection wells. Wells that DEQ regulates under the Safe Drinking Water Act stay with DEQ. Oil and gas spacing orders do not govern brine wells or solution gas from a brine unit. If you transfer produced water for commercial extraction or to an authorized recycler, you are not liable for how others later handle it; you remain liable for acts before transfer and must follow environmental rules before transfer.
When new brine rules apply
The new rules apply to unitization applications filed on or after the law’s effective date. Existing brine or solution‑gas units created on or before September 1, 1990 keep their original terms, but they may expand under this law. The emergency clause makes the law effective immediately upon passage and approval.
Brine owners’ sale right and buying duty
A participating brine owner has a one‑time right to sell brine from the unit. Any brine owner in the unit who has refining equipment must buy the brine at the price the Commission sets. That buying duty does not apply if the buyer is not producing brine from the unit for its own account.
Sponsors & Cosponsors
Sponsor
Anthony Moore
Republican • House
Cosponsors
Steve Bashore
Republican • House
Grant Green
Republican • Senate
Carl Newton
Republican • House
Roll Call Votes
House vote • 5/6/2026
Top_of_Page
Yes: 85 • No: 0
Senate vote • 5/4/2026
THIRD READING
Yes: 0 • No: 0
Senate vote • 4/16/2026
emergency
Yes: 0 • No: 1
Senate vote • 4/16/2026
emergency
Yes: 0 • No: 1
House vote • 3/25/2026
Top_of_Page
Yes: 93 • No: 0
House vote • 3/25/2026
Top_of_Page
Yes: 93 • No: 0
House vote • 2/25/2026
DO PASS
Yes: 14 • No: 0
House vote • 2/25/2026
DO PASS
Yes: 14 • No: 0
House vote • 2/11/2026
DO PASS
Yes: 11 • No: 0
House vote • 2/11/2026
DO PASS
Yes: 11 • No: 0
Actions Timeline
Approved by Governor 05/12/2026
5/12/2026HouseSent to Governor
5/6/2026HouseEnrolled measure signed, returned to House
5/6/2026SenateEnrolled, signed, to Senate
5/6/2026HouseReferred for enrollment
5/6/2026HouseFourth Reading, Measure and Emergency Passed: Ayes: 85 Nays: 0
5/6/2026HouseSA's read, adopted
5/6/2026HouseSA's received
5/5/2026HouseEngrossed to House
5/5/2026SenateReferred for engrossment
5/4/2026SenateMeasure and Emergency passed: Ayes: 48 Nays: 0
5/4/2026SenateGeneral Order, Amended by Floor Substitute
5/4/2026SenatePlaced on General Order
4/21/2026SenateReported Do Pass Energy committee; CR filed
4/16/2026SenateSecond Reading referred to Energy
4/1/2026SenateFirst Reading
3/30/2026SenateEngrossed, signed, to Senate
3/30/2026HouseReferred for engrossment
3/25/2026HouseThird Reading, Measure and Emergency passed: Ayes: 93 Nays: 0
3/25/2026HouseEmergency added
3/25/2026HouseAmended by floor substitute
3/25/2026HouseGeneral Order
3/25/2026HouseCR; Do Pass, amended by committee substitute Energy and Natural Resources Oversight Committee
2/25/2026HouseAuthored by Senator Green (principal Senate author)
2/16/2026HouseCoauthored by Representative(s) Newton, Bashore
2/16/2026House
Bill Text
Enrolled (final version)
5/6/2026
Amended And Engrossed
5/5/2026
Floor (Senate)
4/20/2026
Senate Committee Report
4/16/2026
Engrossed
3/30/2026
Floor (House)
3/2/2026
House Committee Report
2/25/2026
House Committee Substitute
2/25/2026
House Policy Committee Report
2/16/2026
Introduced
1/15/2026
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