Lithium Ownership

Who owns the lithium under your oil and gas lease? It’s not settled law.

Texas is sitting on a lithium gold rush—especially in produced brine. But your oil and gas lease may not say a word about it.

And that silence? It might cost you everything.

Why it matters:

Lithium isn’t oil.

Or gas either.

Courts haven’t decided.

Most leases don’t mention it.

Brine rights may be disputed.

Surface owners may claim it.

Lessees may assume it’s theirs.

It may fall outside the “minerals” grant.

Title language from the 1940s won’t help.

And a multimillion-dollar wellsite may turn into a lawsuit.

Here’s what you can do:

Read your lease.

Search for “brine.”

Check grant language.

See if lithium is excluded.

Ask about surface rights retained.

Get a legal opinion before producing.

Don’t assume “produced water” means free lithium.

Negotiate fresh language if exploring lithium specifically.

Because Texas courts will likely decide this soon—and in a way that may conflict with your business plan.