If you are selling a Texas property with a water well, a new disclosure requirement is coming. TREC Form 61-0 goes mandatory on May 4, 2026. Agents are already getting trained on it. Title companies are watching it. And if your property has a well, you need to be ready before it hits the market.
This is not a legal breakdown of the form. Your agent and attorney can walk you through the legal side. This is the practical side: what you actually need to know about your well before you fill out that form.
What Is TREC Form 61-0?
TREC Form 61-0 is a new seller’s disclosure form proposed by the Texas Real Estate Commission on February 9, 2026. It covers water-related disclosures that were not previously captured in a single standardized form. Under Texas Administrative Code 22 TAC §537.068, it becomes mandatory for use on May 4, 2026.
The form requires sellers to disclose:
- Whether the property is located within a Groundwater Conservation District
- The existence of any water wells on the property
- Surface water rights connected to the property
- Whether water rights are held by someone other than the seller
Real estate license renewal courses are already being updated to include Form 61-0 training. By the time this form goes live, most Texas agents will have covered it in continuing education.
The public comment period closes around March 29, 2026, so the final version may see minor changes. The May 4 effective date is firm.
Why This Matters If You Have a Well
A water well is not a liability. But an undocumented, uninspected, or poorly maintained well can create real problems at closing. Buyers are more informed than ever. Their agents will ask questions. Their lenders may require documentation.
If you disclose that a well exists and cannot provide basic information about it, that creates uncertainty. Uncertainty slows deals or kills them.
The sellers who get through closing cleanly are the ones who can hand over documentation and say: here is the well, here is when it was last serviced, here is the water test result, here is what it produces.
What You Need to Know About Your Well Before You Fill Out the Form
1. Confirm the Well Location and Type
Know where your well is and what kind it is. Is it a domestic water supply well? A stock well? An irrigation well? A secondary well on the back of the property? If you have multiple wells, list all of them.
Walking the property and knowing the answer to “how many wells are on this land” sounds basic, but sellers are sometimes surprised by what is actually there.
2. Find Out If You Are in a Groundwater Conservation District
Texas has more than 100 Groundwater Conservation Districts (GCDs). Some regulate drilling, pumping, and transfers. Some require permits. If your property falls within a GCD, the form requires you to say so.
You can look this up through the Texas Water Development Board’s GCD map. If you are unsure, call us and we can confirm it for your area.
3. Get a Well Inspection
If your well has not been inspected in the last year or two, get one before listing. A professional well inspection covers:
- Well depth and casing condition
- Pump performance and pressure
- Electrical components
- Signs of contamination risk near the wellhead
- Yield estimate
This gives you real numbers to work with. It also catches problems before a buyer’s inspector finds them.
4. Get a Water Quality Test
A water test is separate from a well inspection. It tells you what is in the water, not just how the well is functioning. Standard tests cover coliform bacteria, nitrates, pH, hardness, and other common parameters.
If you are in a rural area with agriculture nearby, additional testing for pesticides or heavy metals may be worth doing. A clean water test is a selling point. A failed test that you catch early is something you can fix before it derails a deal.
5. Know Your Water Rights
The form asks whether water rights are held by someone other than the seller. This can come up in situations involving:
- Shared well agreements with a neighbor
- Easements that allow another party to draw from your well or your aquifer
- Properties where surface rights and mineral or water rights have been severed
If your deed or title has anything related to water rights, pull it out now. Your title company and attorney should review it before closing, but knowing what you have (or do not have) is step one.
What If the Well Has Problems?
If an inspection turns up issues, that does not automatically mean you are in trouble. Common problems like worn-out pressure tanks, aging pumps, or surface seal issues are fixable. The cost of a well repair is almost always less than the cost of a deal falling apart or renegotiating under pressure.
Sellers who disclose a known issue along with documentation of the repair are in a much stronger position than sellers who had no idea. Buyers can accept a disclosed and fixed issue. They have a harder time accepting “I don’t know.”
Disclosing vs. Fixing: A Practical Framework
Before you list, work through these questions:
- Does the well function? If yes, document it. If no, repair or disclose.
- When was it last inspected? More than two years ago means get it done now.
- Do you have a water test on file? Less than 12 months old is ideal for listing.
- Do you know your GCD status? Look it up. Five minutes online or one phone call.
- Are there any water rights issues in your deed? Pull the title and check.
If you can answer all five cleanly, you are in good shape for Form 61-0.
TurnkeyWells Can Help You Get Ready
TurnkeyWells.com provides well data reports for Texas properties, pulling from official TCEQ and TWDB records. If you are listing a property with a well and need to know the depth, completion history, or whether a driller’s report was ever filed, a TurnkeyWells report gives you that documentation fast.
We also connect property owners with licensed, vetted well service providers across North and Central Texas — whether you need an inspection, water testing, or a pump service before listing.
Start with your property’s well data. It takes five minutes and gives you the foundation you need for Form 61-0.
Get a Free Well Report at TurnkeyWells.com.
TREC Form 61-0 is a proposed form as of March 2026. Confirm the current required form version with your real estate agent or attorney before listing.