Guide for Completing Water Notice

How to Complete the Water Notice: Seller’s Disclosure About Groundwater and Surface Water Rights

Completing the Water Notice: Seller’s Disclosure About Groundwater and Surface Water Rights requires property owners to identify certain groundwater and surface water information associated with their property. The resources and steps below can help sellers locate the information needed to complete the notice.

Thank you to Dr. Charles Porter of St. Edward’s University and Dr. Blake Bennett of the Texas A&M AgriLife Extension Service for preparing this guide.

Helpful Online Resources

The following websites may be useful when researching the property:

Texas Alliance of Groundwater Districts – Groundwater Conservation District Index
https://texasgroundwater.org/resources/gcd-index/

Texas Water Development Board – Groundwater Data Viewer
https://www3.twdb.texas.gov/apps/WaterDataInteractive/GroundWaterDataViewer

Texas Commission on Environmental Quality – Water Rights Viewer
https://www.tceq.texas.gov/gis/water-rights-viewer

Section 1: Review the Definitions Carefully

The definitions included in the notice are important and should not be overlooked.

For purposes of this notice, “surface water” applies only to water in lakes, rivers, creeks, streams, bays, estuaries and arms of the Gulf of Mexico.

“Surface water rights” refer only to rights granted through a permit, certified filing or certificate of adjudication administered by the Texas Commission on Environmental Quality, or TCEQ.

A seller may have a pond, lake or water tank on the property that does not require special-use documentation. However, those features may still need to be disclosed in another portion of the notice.

Section 2(A): Identifying the Groundwater Conservation District

To determine whether the property is located within a Groundwater Conservation District:

1. Visit the Texas Alliance of Groundwater Districts’ interactive map:
   https://texasgroundwater.org/resources/gcd-index/
2. Search for the property address.
3. If the property is within a Groundwater Conservation District, select the district on the map.
4. Select the district’s name in the pop-up window.
5. The district’s information page will provide its name and website.

Not every property in Texas is located within a Groundwater Conservation District.

Sections 2(B-F): Researching Water Wells on the Property

Sellers can generally confirm or locate registered or permitted water wells by using:

• The Groundwater Conservation District website identified in Section 2(A). Some districts provide interactive maps showing registered or permitted wells.
• The Texas Water Development Board’s Groundwater Data Viewer:
  https://www3.twdb.texas.gov/apps/WaterDataInteractive/GroundWaterDataViewer

To research a well:

1. Search the interactive map for the property.
2. Select a water well located on the property.
3. Review the pop-up window or linked documentation for permit information and the owner’s name.

Unregistered wells will not appear on these websites. Sellers may also contact the applicable Groundwater Conservation District directly to request information about wells on the property.

Groundwater rights that have been severed from the property should appear in the deed records if the severance was recorded. Property owners may also find it helpful to understand how easements and other recorded property rights can affect Texas land.

Real estate professionals may help clients locate the appropriate district and its resources, but they should not interpret district rules unless they are licensed to practice law. Texas Farm Credit also provides resources for real estate professionals working with rural property buyers and sellers.

Section 3: Identifying Surface Water and Surface Water Rights

Part A: Surface Water Rights

Remember that, for purposes of the notice, “surface water” applies only to water in lakes, rivers, creeks, streams, bays, estuaries and arms of the Gulf of Mexico.

“Surface water rights” refer only to rights granted through a permit, certified filing or certificate of adjudication administered by TCEQ.

To research surface water rights:

1. Visit the TCEQ Water Rights Viewer:
   https://www.tceq.texas.gov/gis/water-rights-viewer
2. Search for the property address.
3. Review the map for highlighted surface water rights associated with a permit, certified filing or certificate of adjudication.
4. If a surface water right is identified on the property, select the applicable icon.
5. Follow the link to view the additional documentation.
6. Review the linked document for the required information, including the owner of the surface water right.

Part B: Ponds, Lakes and Water Tanks

Part B refers to any pond, lake or water tank located on the property, including features that were constructed either recently or in the past.

Only include ponds, lakes or water tanks located within the property’s boundaries.

For buyers researching rural property, our First-Time Land Buyer guide covers additional considerations to investigate before purchasing Texas land.

Improving rural property? Texas Farm Credit offers land improvement financing for eligible projects, including wells, ponds and other property improvements.

Important Information: This guide is intended to help sellers locate information that may be needed to complete the notice. It does not guarantee the completeness or accuracy of information obtained from the referenced sources or the accuracy of a seller’s answers.