Water, More precious than Diamonds or Gold

In Texas, when buying or selling a home, a seller must disclose what is known pertaining to water. Water Rights and the existence of wells. Is the water safe, is the system working and can you use the water? This must now be part of disclosure in Texas. Water becomes valuable as it becomes scarce.

There is a new TREC Water Notice (Form 61-0) and what a home inspector actually evaluates on private water wells is especially useful for the Central Texas / Hill Country market.

1. What is TREC Form 61-0?

Official name: Seller’s Disclosure about Groundwater and Surface Water Rights Effective: July 1, 2026 Purpose: Requires the seller to disclose what they know about groundwater and surface water rights associated with the property. It is a standalone form (separate from the regular Seller’s Disclosure Notice).

Key points the form covers:

• Whether any portion of the property is in a Groundwater Conservation District (GCD) — and if so, which one and its website.

• Whether the seller is aware of one or more water wells on the property.

  • Total number of wells known.

  • How many are currently in use.

  • How many are not in use (capped, covered, plugged, or abandoned).

• Ownership/operation of the wells (solely for the benefit of the property or shared?).

• Whether groundwater rights have been severed, sold, or leased.

• Any Surface Water Rights (TCEQ permits, certified filings, or certificates of adjudication).

• Presence of ponds, lakes, or water tanks on the property.

• Definitions of key terms (Groundwater, Surface Water, Surface Water Rights, etc.).

Important limitations: The form is based only on the seller’s knowledge. It is not a warranty, not a title opinion, and not a substitute for inspections or professional research. Sellers can answer “Unknown.”

It is generally required unless the property is solely on municipal / MUD / water-supply-company water and the seller is unaware of any wells, ponds/tanks, surface-water rights, or severed groundwater rights.

2. What Home Inspectors Actually Check on Wells

TREC Standards of Practice treat private water wells as an optional system. When an inspector includes the well (common on Hill Country properties), here’s what is typically evaluated:

A. Visual / Accessible Components (Standard Scope)

• Wellhead & casing

  • Height above grade (generally should be ≥ 12 inches; higher in flood-prone areas).

  • Condition of the sanitary seal / well cap (must be tight and intact).

  • Visible casing condition (cracks, corrosion, damage).

  • Site drainage around the wellhead (should slope away).

  • Clearances from potential contamination sources (septic systems, livestock areas, etc.).

• Pressure tank

  • Condition, signs of corrosion or leakage.

  • Pre-charge pressure (when measurable).

  • Proper cycling.

• Pressure switch, gauge, and controls

  • Cut-in / cut-out settings.

  • Visible condition and proper operation.

• Pump performance (basic)

  • Operate at least two fixtures simultaneously.

  • Observe water pressure and flow at fixtures.

  • Note type of pump and storage equipment if identifiable.

• Proximity to septic system (report if known).

B. Common Additional / Recommended Items (Beyond Minimum SOP)

Many experienced inspectors in the Hill Country go further (or recommend specialists) because the minimum SOP is limited:

Item	What is checked	Why it matters
Flow / Yield test	Gallons per minute over time (often 1–2 hours)	Confirms the well can support household demand
Pump amperage / electrical	Current draw under load	Detects failing or overloaded pumps
Static & pumping water levels	Depth to water before and during pumping	Shows aquifer health and recovery
Water quality testing	Lab samples for coliform, E. coli, nitrates, pH, TDS, hardness, iron, etc.	Safety of drinking water
Well log / State Well Report	Review existing records if available	Construction details, original yield, depth
Pressure tank integrity	More thorough evaluation	Waterlogged or failing tanks are common

TREC limitations (what the inspector is not required to do):

• Open, uncover, or remove the pump, screens, or other internal components.

• Determine the long-term reliability or adequacy of the water supply.

• Locate or verify underground leaks.

• Perform full water chemistry or extensive bacteriological testing (though recommending or arranging coliform testing is expected).