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CACTUS WATER SERVICES v. COG OPERATING

No. 08-22-00037-CV.

676 S.W.3d 733 (2023)

CACTUS WATER SERVICES, LLC, Appellant, v. COG OPERATING, LLC, Appellee.

Court of Appeals of Texas, El Paso.

July 28, 2023.

Attorney(s) appearing for the Case

Joshua Katz , Austin, Civil — Amicus Curiae for Texas Farm Bereau.

Christopher Hogan , Civil — Amicus Curiae for Texas Oil & Gas Association.

Katherine Petroski , Macey Reasoner Stokes , Benjamin Gonsoulin , Houston, John A. `Jad' Davis , Ryan Clinton , Austin, for Appellee.

Roger Townsend , Houston, Dana Livingston , Austin, Marvin Jones , Amarillo, for Appellant.

Charles Hosey , Civil — Amicus Curiae for National Association of Royalty Owners-Texas, Inc.

Before Rodriguez, C.J., Palafox, and Soto, JJ.

OPINION

This case decides who owns produced water arising from a hydraulic fracturing operation: COG Operating, LLC (the existing mineral lessee) or Cactus Water Services, LLC (who later entered a produced water lease agreement with the surface owners). On cross-motions for summary...

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