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Texas · Property Code §5.019Texas water level fluctuation notice (§5.019) for lakefront property

A Texas seller of residential or commercial property adjoining a lake or reservoir with a storage capacity of at least 5,000 acre-feet must give the buyer written notice that the water level fluctuates – because an entity lawfully uses the stored water or because of drought or flood (Property Code §5.019). It is due on or before the contract's effective date; the TREC contract states it in ¶6E(10). If it is missing, the buyer may terminate within 7 days after receiving the notice or the same information from anyone else.

The rules

  1. Which property

    Residential or commercial property adjoining an impoundment built under Water Code ch. 11 with at least 5,000 acre-feet at normal operating level.

  2. Timing (§5.019(c))

    On or before the effective date of the contract binding the buyer.

  3. Missing notice (§5.019(d))

    The buyer may terminate for any reason within 7 days after receiving the notice from the seller or the information from any other person.

  4. After closing (§5.019(e))

    The buyer may sue for misrepresentation if the seller gave no notice and actually knew the level fluctuates.

What the TC tracks

  • Whether the property adjoins a qualifying lake or reservoir.
  • ¶6E(10) in the TREC contract, or a separate notice for other contracts.
  • Any dock or shoreline permits the buyer wants to review in the option period.

Questions about the Texas water level notice

Which Texas lake properties need the water level notice?

Property adjoining a lake or reservoir constructed under Water Code ch. 11 with storage of at least 5,000 acre-feet at normal operating level (§5.019(a)).

When must the notice be given?

On or before the effective date of the contract (§5.019(c)).

What if the seller does not give it?

The buyer may terminate within 7 days after receiving the notice or the information from another person, and after closing may sue for misrepresentation if the seller knew.

Related guides

Add the lakefront notice and shoreline checks as tasks with owners and due dates inside the option period in ClosingCode.

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Source: Texas Property Code §5.019 (statutes.capitol.texas.gov) and TREC 20-19 ¶6E(10), read October 24, 2026.

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