Part 3 Texas Disclosure
If you've bought or sold Texas real estate before, you're probably familiar with the Seller's Disclosure.
But in 2026, there's a new disclosure you may encounter—and this one is all about water.
Starting July 1, 2026, the Texas Real Estate Commission began mandatory use of Form 61-0, Seller's Disclosure About Groundwater and Surface Water Rights, for applicable transactions. The new notice was created to give prospective buyers information about groundwater and surface water rights associated with a property.
And let me tell you something…
This one is new enough that even real estate agents are still learning it.
I know I am.
That's why I took additional classes on the new groundwater and water-rights disclosure. And I've already had it come up in two of my current transactions—one where we initially thought the disclosure was needed when it wasn't, and another where we initially thought it wasn't needed when it actually was.
And here's what made that second one interesting:
There was a well on the property—but it wasn't being used.
Yep. That's why we need to talk about this.
First Things First: This Isn't Just About Having a Well
When people hear groundwater disclosure, they naturally think:
“Does the house have a well?”
That's certainly part of it.
But the new disclosure goes further.
It can involve:
- Groundwater districts
- Water wells
- Whether wells are currently being used
- Water coming from a well located on another property
- Groundwater rights
- Groundwater rights that have been sold or leased
- Surface water rights
- Ponds, lakes and water tanks
- Certain permits, certificates and filings involving surface water
The form is designed to disclose the seller's knowledge about groundwater and surface water rights associated with the property as of the date the seller signs it. It is not a warranty about the property or its water rights.
And that's an important distinction.
💧 The Unused Well That Almost Got Overlooked
This is where my recent transactions really brought the issue home for me.
In one transaction, the initial thought was that the groundwater disclosure was required.
After looking more closely at the requirements, we determined that it wasn't.
In another transaction, the initial thought was that it wasn't required.
Then we discovered there was a water well on the property.
It just wasn't being used.
And that's where this new form gets interesting.
The disclosure specifically asks whether the seller is aware of one or more water wells on the property whether the well is currently in use or not.
So:
“We don't use the well anymore” does not automatically mean “there is no well.”
That's an important distinction.
And it's a great example of why we shouldn't make assumptions about a brand-new form.
Check the requirements. Look at the property. Then make the determination.
So When Is the Groundwater Disclosure Required?
This is probably the biggest question I've been getting.
The answer isn't simply:
“If there's a well, you need it.”
There is an exemption in the applicable TREC residential contract language, but the exemption requires all of the specified conditions to be met.
Among those conditions are that the seller is not aware of:
- A water well on the property, whether in use or not
- A pond, lake or water tank
- Certain surface-water rights, permits or related filings
- Groundwater rights that have been severed, sold or leased
And the property must receive water only from specified public or private water providers, such as a municipality, MUD, special district, water supply corporation or private water supply company.
All of the applicable conditions have to be satisfied.
That's why this isn't something I want buyers or sellers—or agents—to reduce to one simple rule.
The actual property and the seller's knowledge matter.
What Exactly Does the New Form Ask About?
The new disclosure can ask about several things that a buyer might never think to investigate on their own.
💧 Groundwater Districts
Is the property located in a groundwater district?
If so, which one?
Groundwater districts can have rules affecting wells and groundwater use, so knowing whether a property falls within one can be important.
💧 Water Wells
Is there a well on the property?
And remember our example:
It counts even if it isn't currently being used.
The form also addresses information about the well's registration or permitting and other details the seller may know.
💧 Water From Somewhere Else
Does the property receive water from a well located on another property?
That is something many buyers would probably never think to ask.
💧 Groundwater Rights
Have groundwater rights associated with the property been sold, leased or otherwise severed?
This can get complicated quickly, especially when you're talking about older transactions, acreage and properties where water rights may have been addressed separately from the land.
💧 Surface Water
The disclosure also addresses certain surface water rights, including applicable permits, certificates or other filings.
And it asks about ponds, lakes and water tanks—even if one doesn't currently contain water.
Why Does This Matter to a Buyer?
Imagine you find a beautiful piece of Texas property.
It has acreage.
It has a pond.
Maybe there's a well.
Maybe the property is in a groundwater district.
You might be thinking:
“This is perfect!”
And it might be.
But before you buy, don't you want to know what rights and restrictions come with that water?
That's where the disclosure becomes important.
You may want to know:
- Who owns the well?
- Who has the right to use it?
- Is it registered?
- Is the property in a groundwater district?
- Are there restrictions on groundwater use?
- Are groundwater rights still attached to the property?
- Have any rights been sold or leased?
- Are there surface water rights?
- Are there agreements involving water from another property?
The disclosure doesn't answer every possible question.
But it can help you know which questions you need to ask next.
And Sellers—Don't Guess
This is something I said in our Seller's Disclosure article, and it applies here too.
Answer based on what you know.
Don't guess.
Don't assume.
And don't feel like you have to become a water-rights expert overnight.
The new form is specifically a disclosure of the seller's knowledge as of the date it is signed. TREC also makes clear that the disclosure isn't a warranty and doesn't replace a buyer's own due diligence.
If you genuinely don't know something, that's different from knowing the answer and trying to make it sound better.
And if the question involves complicated legal ownership of water rights, severed rights, leases, reservations or other legal issues, that's when you may need an attorney.
I'm a real estate agent—not an attorney—and I will never pretend otherwise.
So What Does Your Real Estate Agent Do?
This is another part I think is important.
Because this disclosure is new, your agent needs to understand it too.
I've taken additional classes specifically because I wanted to understand the new requirements and be able to help my clients navigate them.
And I can help with the research and process.
For example, I can help identify the applicable groundwater district, find information about the property and locate resources that may help the seller answer the questions.
But there is a line.
I don't answer the seller's disclosure for the seller.
Just like with the Seller's Disclosure Notice, the seller is the one providing information about what they know.
My job is to help my client find the information and understand the process.
And if something crosses into a legal question?
That's when I tell my client:
“This is one we need to ask an attorney.”
That's not me avoiding the question.
That's me knowing where my expertise ends.
New Forms Mean We Have to Keep Learning
I think this is probably my biggest takeaway from this new disclosure.
I've been in real estate since 2011.
I've seen contracts and forms change a lot over the years.
And here's the thing:
Just because you bought or sold a house five years ago doesn't mean the process is the same today.
Just because an agent has been in real estate for 20 years doesn't mean they've already seen every form that will come along.
Real estate isn't stagnant.
The laws change.
The forms change.
The market changes.
And sometimes we get a brand-new disclosure about something as important—and sometimes as complicated—as water.
That's why I took the extra classes.
That's why I researched these transactions.
And that's why I think it's important for all of us to be willing to say:
“Let's make sure we have this right.”
Is Groundwater Good or Bad?
Here's where I'm going to repeat something from my MUD blog.
It's neither.
Groundwater isn't automatically good.
A well isn't automatically good.
A groundwater district isn't automatically good.
And none of them are automatically bad.
They're facts about the property.
The question is what those facts mean for you.
Maybe you love the idea of having a well.
Maybe you don't want to deal with one.
Maybe you're buying acreage and water rights are extremely important to you.
Maybe you're buying a home in a subdivision with municipal water and groundwater isn't something that concerns you much at all.
That's your decision to make.
My job is to help make sure you have the information you need to make it.
The Bottom Line
The new Texas groundwater and surface water disclosure is important because water can be much more complicated than turning on the faucet.
The new TREC Form 61-0 became effective July 1, 2026, and is now part of the applicable TREC contract process.
And because it's new, there is still plenty for real estate professionals to learn about it. TREC's own Broker-Lawyer Committee has continued receiving questions about the new water disclosure, including questions about terms such as “water tank” and what it means for a property to “receive” water.
So if you're buying or selling Texas real estate, don't be afraid of the new form.
Understand it.
Ask questions.
Check the information.
And when something is beyond the scope of your real estate agent's expertise, get the appropriate professional involved.
Because sometimes the best answer isn't:
“I know.”
Sometimes it's:
“Let's make sure we find out.”
A Note From Jacque
I am a Texas real estate professional, not an attorney. This article is intended for general informational and educational purposes only and is not legal advice. Texas laws, regulations, groundwater district rules, water rights and real estate forms can change, and individual circumstances vary.
If you have questions about ownership of water rights, severed or leased rights, reservations, permits, or the legal effect of a particular water-right arrangement, consult a qualified Texas real estate attorney.
For all your real estate needs, get Jacque!
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