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Texas · TREC 61-0Texas Seller's Water Disclosure (TREC 61-0)

Since July 1, 2026, the Texas resale contract (TREC 20-19, ¶7I) requires the Seller's Disclosure about Groundwater and Surface Water Rights, TREC 61-0 – unless the seller checks the exemption. If the buyer has not received it, the seller delivers it within the days written; the buyer may then terminate within 7 days after receiving it or before closing, whichever comes first, and may terminate any time before closing if it never arrives.

¶7I of TREC 20-19: three choices

  1. (1) Already received

    The buyer has received the Seller's Water Disclosure before signing.

  2. (2) Delivered later

    The seller delivers it within the days written after the Effective Date. Once received, the buyer may terminate for any reason within 7 days or before closing, whichever comes first – earnest money refunded. Not received: the buyer may terminate any time before closing.

  3. (3) Exempt

    The seller knows of no water well, no pond, lake or water tank, no surface water right administered by TCEQ, no severed, sold or leased groundwater rights, and the property gets water only from the named city, MUD or other district, water supply corporation or private water company.

What TREC 61-0 asks

  1. Groundwater district

    Whether any part of the property is in a groundwater conservation or subsidence district, and which one.

  2. Water wells

    How many wells, how many in use, how many capped or plugged; registrations or permits; who owns or operates them, who benefits and under what agreements; wells on other land supplying the property; groundwater rights leased from outside.

  3. Severed rights

    Whether any groundwater rights were severed, sold or leased.

  4. Surface water

    Any TCEQ permit, certified filing or certificate of adjudication and its co-owners; any pond, lake or water tank, with or without water.

What the TC tracks

  • Which box of ¶7I is checked – and if (3), that the water supplier is named.
  • If (2): the delivery deadline, then the buyer's 7-day window from receipt.
  • Rural and acreage listings: wells, ponds and districts almost always mean the full disclosure.
  • Mineral reservations do not cover water – see TREC 44-3.

Questions about the Texas Seller's Water Disclosure

Is the Seller's Water Disclosure required in Texas?

Under ¶7I of the TREC 20-19 resale contract (effective July 1, 2026), the parties use TREC 61-0 unless the seller qualifies for and checks the exemption.

How long does the buyer have to terminate after receiving the water disclosure?

7 days after receiving it or until closing, whichever comes first, when it is delivered after the contract.

When is a Texas seller exempt from the water disclosure?

When the seller knows of no wells, ponds or tanks, no TCEQ surface water rights and no severed groundwater rights, and the property gets water only from a named public or private supplier.

What if the seller never delivers the water disclosure?

The buyer may terminate any time before closing and the earnest money is refunded.

Does a mineral reservation include water rights?

No. TREC 44-3 excludes water from the Mineral Estate; water rights are addressed in the Seller's Water Disclosure.

Texas forms

Add the water disclosure delivery date and the buyer's 7-day window as dated tasks on the deal in ClosingCode, with reminders.

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Sources: Texas Real Estate Commission, TREC No. 61-0 Seller's Disclosure about Groundwater and Surface Water Rights (05-04-2026, effective July 1, 2026); TREC No. 20-19, ¶7I.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.