Notwithstanding any other provision in this act, if oil and gas produced water and waste is utilized for the purpose of processing the produced water and waste by mechanical or chemical processes for the extraction of constituent elements for commercial purposes, the oil and gas produced water and waste shall be considered brine under the Oklahoma Brine Development Act. The operating activity and the ownership of the oil and gas produced water, including the constituent elements contained therein, including the entitlement to and sharing of proceeds from the extraction and sale of the constituent elements or effluent, shall be subject to the Oklahoma Brine Development Act and the operator or other person extracting or utilizing the oil and gas produced water and waste shall comply with the provisions of the act. The Oklahoma Brine Development Act shall not apply to oil and gas produced water and waste that is reused or recycled solely for the purpose of use in oil and gas operations.
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