Tex. Nat. Res. Code § 89.001

Policy

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Sec. 89.001. POLICY. The conservation and development of all the natural resources of this state are declared to be a public right and duty. It is also declared that the protection of water and land of the state against pollution or the escape of oil or gas is in the public interest. In the exercise of the police power of the state, it is necessary and desirable to provide additional means so that wells that are drilled for the exploration, development, or production of oil or gas, or as injection or salt water disposal wells, and that have been abandoned and are leaking salt water, oil, gas, or other deleterious substances into freshwater formations or on the surface of the land, may be plugged, replugged, or repaired by or under the authority and direction of the commission.

Acts 1977, 65th Leg., p. 2552, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1985–2025 · leading case: Exxon Corp. v. Miesch

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Exxon Corp. v. Miesch (2005) texapp “, Tex. Nat. Res.Code Ann. § 89.001 (Vernon 2001) (stating that the “conservation and development of all natural resources of this state are declared to be a public right and duty”).”

Emerald Oil and Gas, L.C. Ex Rel. Saglio Partnership Ltd. v. Exxon Corp. (2005) texapp “, Tex. Nat. Res.Code Ann. § 89.001 (Vernon 2001) (stating that the “conservation and development of all natural resources of this state are declared to be a public right and duty”).”

Railroad Commission of Texas v. Olin Corp. (1985) texapp “§ 89.041 (1978). The Commission in the instant case found that the well had not been properly plugged.”

In Re American Coastal Energy Inc. (2009) txsb “In the exercise of the police power of the state, it is necessary and desirable to provide additional means so that wells that are drilled for the exploration, development, or production of oil or gas, or as injection of salt water disposal wells, and that have been abandoned…”

R.D. Oil Co. v. Railroad Commission of Texas (1993) texapp “See Tex. Nat.Res.Code Ann. §§ 89.001 (West 1978) & 89.”

Railroad Commission v. Gulf Energy Exploration Corp. (2016) “Tex. Nat. Res. Code § 89.001. The statute and accompanying Commission rules' place primary responsibility on an inactive well’s 1 operator 2 to plug the well.”

Primexx Energy Opportunity Fund, LP and Primexx Energy Opportunity Fund II, LP v. Primexx Energy Corporation, M. Christo (2025) texapp “Tex. Nat. Res. Code § 89.001. The this case identified as 707S–5 and 708S–5.”

R.D. Oil Company v. Railroad Commission of Texas and Wallace H. Culpepper (1993) texapp “See Tex. Nat. Res. Code Ann. §§ 89.001 (West 1978) & 89.”

Lee Cain v. State of Texas (1994) texapp “On December 19, 1988, the Commission authorized the expenditure of State funds to pay the expense of plugging the wells. Timber Creek failed to file its franchise-tax report due March 15, 1989.”

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