Porter Hedges attorneys regularly handle joint ventures, acquisitions, divestitures, and greenfield development of projects to supply fresh and recycled water and offtake produced water from the oil patch, including transportation and disposal assets. Our practice capabilities include:

  • Private equity investments in fresh and produced water resources and infrastructure systems.
  • Negotiation and drafting of purchase and sale agreements in respect of fresh water and produced water supply storage, delivery, and offtake systems.
  • Negotiation and drafting of joint venture documents between producers and midstream oil, gas, and water service providers in respect of construction, buildout, and operation of water gathering and disposal facilities.
  • Negotiation and drafting of arrangements related to the acquisition of supply of fresh water and the underground disposal of produced water.
  • Negotiation and drafting of easements, agreements related to rights of way, subsurface usage agreements, etc. in connection with water infrastructure facilities.
  • Negotiation and drafting of water infrastructure agreements in an integrated context with the oil and gas upstream and midstream activities; for example, usage of multifunction easements among multiple service providers.


  • Representation of WaterBridge Resources LLC in the $325 million acquisition of existing water source, disposal and transportation assets in Texas from Halcón Resources Corporation. 

  • Representation of Noble Energy in connection with development of an integrated oil, gas, and water systems in the Marcellus, Permian and Niobrara. 

  • Representation of Carnelian Energy portfolio company in a joint venture with an Energy Spectrum backed-entity for the provision of gas gathering and processing, crude gathering, produced water gathering and fresh water supply services. 

  • Representation of Indigo Minerals and its affiliates in a large joint venture with Momentum Midstream for gas gathering and transportation, produced water gathering and fresh water supply and other related midstream matters. 

  • Representation of Salt Creek Midstream LLC in commercial agreements related to the build out of gas, crude and water systems, including gas purchase and processing agreements, crude gathering agreements, and water gathering and disposal agreements. 

  • Representation of Five Point Energy in the formation of a joint venture, San Mateo Midstream, LLC, with Matador Resources Company. San Mateo midstream will own, operate and expand natural gas, crude oil, and produced water midstream assets in the Delaware Basin. 

  • Representation of Five Point Energy in operational agreements entered into by its E&P joint venture partner with midstream companies, including gas gathering agreement, gas processing agreement, crude gathering agreement, water gathering agreement, and a joint development agreement with Plains All American Pipeline Company.

  • Representation of Elevate Midstream Partners, LLC in its formation and initial equity commitment of $100 million from Tailwater Capital LLC. Elevate’s services include natural gas gathering, compression, treating, processing and transportation; crude oil and condensate gathering, stabilization, transportation and storage; and produced water gathering and disposal. 

  • Representation of Management Team in the launch of Laser Midstream Energy, a midstream energy company backed by Energy Spectrum Capital seeking to acquire, build, and expand natural gas, oil, and water transportation and processing assets. 

  • Representation of Clear Creek Midstream, LLC in an initial venture capital commitment of $300 million from EnCap Flatrock Midstream. Clear Creek’s services include crude oil and natural gas gathering, compression, processing, transportation and storage, as well as produced water handling and disposal.

  • Representation of a significant private equity fund in a joint venture with a producer to form a captive midstream company that acquired the producer’s oil, gas and water midstream assets and entered into a series of oil, gas and water transport and service agreement with the producer in respect of the long term development of the areas of operation. 

  • Currently representing a global water management, construction and drilling company in midstream contracts and agreements that relate specifically to water assets (e.g., water leases, saltwater disposal wells, water pipelines and other infrastructure, etc.). 

  • Advised an upstream EnCap portfolio company in spinning off its water infrastructure assets to a midstream affiliate and preparing forms for water gathering, disposal, recycle and supply services. 

  • Advised a publicly-traded Oklahoma producer in spinning off $90 million in water infrastructure assets to a midstream affiliate and preparing forms for water gathering, disposal, and recycle services. 

  • Advised a publicly-traded Permian producer in selling its water infrastructure assets to a third-party midstream company and negotiating forms for water gathering, disposal, and recycle services.

  • Currently advising an EnCap-backed midstream company in a water supply agreement with an Apollo Global Management portfolio company focused on crude oil and natural gas exploration, development and production.