In the dry landscape of West Texas, water, sometimes mixed with oil or other pollutants, seeps from aging wells to the surface. However, the more critical threat resides below, where hazardous substances like oil, salt, and toxic minerals might seep into vital aquifers that supply water to various communities, agricultural areas, and ranches.
The problematic wells are referred to as P-13 wells, named after a specific form used by the Railroad Commission, originating from extensive oil exploration efforts that have spanned almost a century. Over the past 150 years, oil prospectors, known as wildcatters, have created thousands of drill holes in pursuit of oil in Texas. In many cases where wells were unproductive or dried up, ownership was often transferred to landowners, who then repurposed these wells for water use.
Currently, Texas has documented 1,915 P-13 wells, yet many more may remain unrecorded and in disrepair. As time has passed, some of these wells have resulted in significant environmental hazards. For instance, a well in Pecos County has been leaking salty brine water for over two decades, leading to the formation of a 60-acre body of water, Lake Boehmer. This lake has been found to release hydrogen sulfide, a deadly gas at high concentrations, and contains heavy metals, including arsenic.
To tackle this escalating issue, Texas lawmakers introduced House Bill 4256 in 2023, establishing the Leaking Water Wells Grant Program under the Texas Commission on Environmental Quality (TCEQ) and allocating $10 million to assist in sealing leaking water wells in eligible rural areas. However, two years later, the funds have yet to be allocated as the TCEQ is still finalizing its rulemaking process. Grants are expected to be accessible by the summer, with public comments on the initiative accepted until midnight on February 4.
Critics express that while $10 million sounds significant, it is hardly enough compared to the magnitude of the situation. The cost to properly seal just one well can range into the hundreds of thousands of dollars, and extreme cases, like the environmental challenges posed by Lake Boehmer, may require millions to resolve.
Hawk Dunlap, a well control specialist who has spent years sealing wells, highlights the complexities involved in properly closing P-13 wells, emphasizing that simply filling them with concrete is insufficient. “There is not going to be an easy fix,” he noted, stressing the uniqueness of each well’s situation.
The expense of sealing a well is highly variable and depends on numerous factors, such as the depth of the well and the surrounding geology. Ricky Richter, a spokesperson for the TCEQ, noted the challenge in estimating the plugging costs, which hinders the determination of how many wells the grant could ultimately cover.
Texas is home to numerous orphaned oil and gas wells requiring closure. The Texas Railroad Commission, responsible for regulating these wells, classifies them as those inactive for at least a year without any owner. While the agency uses federal funding to address these orphan wells, it does not include P-13 wells since they no longer fall under the oil well definition.
This approach has led to a series of lawsuits, legislative discussions, and mounting frustration among local officials and environmental advocates. The Middle Pecos Groundwater Conservation District has urged the Railroad Commission multiple times to designate 40 wells, including some P-13s, as eligible for federal funding support, but the requests have consistently been declined.
Ty Edwards, manager of the groundwater district, expressed heartfelt concern regarding the lack of care for West Texas. “(Landowners) cannot utilize any federal funds to close the well unless it’s listed by the Railroad Commission,” he lamented.
Virginia Palacios, director of the oversight community Commission Shift, criticized the agency for evading its responsibility in addressing the issues stemming from Lake Boehmer and other P-13 wells. “It’s astonishing because these represent some of the most severe pollution cases in the state right now, yet they choose not to address it,” she stated.
R.J. DeSilva, speaking for the Railroad Commission, mentioned that the Boehmer well has been outside their jurisdiction since 1951, holding that their responsibility pertains only to active oil and gas wells they have previously plugged in the area. He referred to existing laws stating that the agency lacks authority over water wells, even those originating from oil exploration.
The groundwater conservation district has lodged a complaint against the Railroad Commission, asserting that the commission should be accountable for wells initially drilled for oil or gas, even when later converted to water wells. While they seek aid from the TCEQ’s program to seal the wells, Edwards fears that available funding might run out rapidly, impacting only a small number of wells.
To ensure proper closure of the wells, TCEQ will need to engage contractors from the Railroad Commission’s approved list and work together to create a definitive plan for each well’s permanent sealing.
Palacios, representing Commission Shift, called for a cohesive strategy to address these challenges. “There’s no ongoing blueprint for managing P-13 wells or orphaned wells statewide,” she noted. “Continuing with business as usual will only exacerbate the risk of water pollution.”
Moreover, sealing a leaking well is merely the first step, emphasized Adam Peltz, senior attorney and director for the Environmental Defense Fund’s Energy Program. “It’s not only about sealing. Remediation of contaminated land is equally crucial and typically very costly,” he noted. “Delaying action will invariably increase costs. The current timeline will not yield a more affordable resolution.”
