Energy Law

From Waste to Valuable Resource?

Updates on Produced Water Regulation in New Mexico and Texas and the Implications from Whiting Petroleum on Gathering Agreements

Jun 3, 2021

Webinar begins at 12:00 pm CDT

Past Event

MCLE Credit available

Details for connecting to the webinar will be sent after you register. If you registered but did not receive a link to participate in the webinar, please email Ryan Frome.

Duration: 1 hour

IEL: +1.972.244.3422
Fax: +1.972.244.3401


The presentation will address the differences in regulatory schemes in New Mexico and Texas by which to obtain a water right for oil and gas production, focusing on how produced water does not fit neatly within such regulatory scheme in either New Mexico or in Texas, often creating novel legal issues. The presentation will analyze one of these novel legal issues, the treatment of a water gathering agreement for produced water as an executory contract in bankruptcy, as decided in Whiting Oil and Gas Corp. v. BNN Western, LLC matter, and how to avoid some of the Whiting pitfalls in gathering agreements in the “western water” States.

Webinar begins at 12:00 pm CDT
Duration: 1 hour


Cristina A. Mulcahy
Senior Associate
Stein & Brockman P.A.
Santa Fe, New Mexico

Cristina A. Mulcahy’s practice areas include Water, Oil and Gas, and Environmental Law.

Ms. Mulcahy regularly appears in general stream adjudications throughout New Mexico on behalf of municipal, State government agencies, energy companies, and private clients. She specializes in general stream adjudications and related matters involving aboriginal water rights and federal claims for water, which often involve defending and prosecuting novel issues of law. On the water rights front, she also frequently advises municipal clients on their use, lease, storage, and carryover of their privately owned San Juan-Chama Project Water. She aids clients on such matters with a keen eye towards beneficially using such water for inter-state water compact compliance.

Additionally, in her water practice, Ms. Mulcahy advises municipal clients on Safe Drinking Water Act, Clean Water Act, Comprehensive Environmental Response, Compensation, and Liability Act, and attendant water quality compliance matters unique to each municipality and the challenging hydro-geologic realities of water systems in New Mexico.

CLE Credit

Texas Course Number 174123802. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which no credit hours will apply to ethics/professional responsibility credit.

This online program has not been approved for MCLE credit in any other jurisdictions. If requested by attendees, CAIL will request accreditation in California, Louisiana, Oklahoma, New Mexico, Ohio, Pennsylvania and West Virginia. Accreditation has not been sought or approved in these jurisdictions at this time.  MCLE credit will not be requested in any other jurisdiction.

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