Independent Texas water-rights disclosure research
TREC Form 61-0 Research Guide
Organize seller-known information, official water-record searches, saved documents, and unresolved questions before completing the current TREC form. This guide does not choose an answer for the seller.
What TREC Form 61-0 is
TREC describes Form 61-0 as a seller disclosure intended to provide prospective buyers with information about groundwater and surface-water rights associated with a property. The form asks about seller knowledge across groundwater districts, wells, shared or off-property supply, groundwater-right arrangements, surface-water rights, and ponds, lakes, or tanks.
What this independent guide does
- Organizes seller observations without converting them into conclusions.
- Routes research to named official sources.
- Keeps source links, access dates, and saved records together.
- Preserves open questions for the appropriate next step.
What this guide does not do
- It does not fill out or answer Form 61-0 for a seller.
- It does not determine ownership, title, severance, reservation, or transfer.
- It does not treat a nearby record or map point as a property fact.
- It does not replace the independent-service disclaimer or transaction-specific professional advice.
Start with what is known
What you need before you begin
Gather what is available; a missing item can remain an open question.
Property identifiers
Street address, county, legal description, appraisal identifier, survey, lot, block, or tract reference.
Known water source
Seller-known information about private wells, shared wells, off-property supply, public supply, or more than one source.
Existing well records
Reports, tracking numbers, district registrations or permits, driller information, maintenance records, and plugging records.
Property documents
Deeds, agreements, leases, reservations, conveyances, easements, and relevant title materials.
Surface-water identifiers
Permit, certified filing, certificate of adjudication, authorization, or other known TCEQ numbers.
Applicability comes first
Before you begin: determine whether the transaction uses Form 61-0
Start with the actual transaction contract. TREC's mandatory-use classification for license holders is a different question from the contract's delivery choices and its complete five-condition exemption. The contract, party roles, selected option, and seller-known facts must be reviewed without forcing a yes-or-no legal conclusion.
Read the Form 61-0 applicability guideQuestion-by-question routing
Research map for each major subject
Keep each subject tied to the source or document that can address it. One source rarely answers every water question.
Groundwater district
Start with the groundwater-district guide and the approved TCEQ boundary-source record. Near a boundary, compare better property evidence and verify the result.
Wells
Use the Texas well-record guide, then compare identifiers in the Submitted Drillers Reports pathway, the Groundwater Database, and any plugging report.
Shared and off-property wells
Record who owns or operates the well, who benefits, which tract contains it, and any agreement or understanding. A well report alone does not establish the current arrangement.
Groundwater rights sold, leased, reserved, or severed
Gather deeds, leases, reservations, conveyances, and title materials. Preserve the exact language and route unresolved effect or ownership questions to the appropriate Texas professional.
Surface-water rights
Follow the TCEQ Water Rights Viewer guide and save the authorization number and linked documents. A mapped point or recorded holder is a research lead, not proof that a right belongs to or transfers with the property.
Open the official TCEQ viewer page ↗Ponds, lakes, and tanks
Record what the seller knows about the feature, location, use, and related documents. The physical presence of water does not by itself establish a surface-water authorization or ownership conclusion.
A valid research state
What “I'm not sure” means
“I'm not sure” means the available seller knowledge or research does not yet support a confident statement. It should remain visible instead of being silently changed to “No.”
- Source question: identify the official agency, district, or record system to check next.
- Document question: identify the deed, report, agreement, lease, reservation, permit, or title material that may be needed.
- Seller-knowledge question: preserve what the seller knows and does not know without substituting a database result.
- Interpretation question: flag the issue for the title, legal, surveying, engineering, well, or regulatory professional appropriate to it.
Use precise status language
Common public-record research outcomes
Status labels should describe the evidence actually found, not imply a final property or disclosure conclusion.
Likely record match
Several meaningful identifiers agree with the property evidence. Keep the record and the comparison notes, while avoiding a claim the source itself cannot establish.
Candidate record
A report, permit, name, or map result may be relevant, but the available identifiers do not yet support a reliable property association.
No public record found
The searched public system returned no useful result. Record where, how, and when you searched; do not silently convert the result into a seller answer.
Conflicting records
Two sources disagree about a location, identifier, date, status, or responsible entity. Preserve both records and identify the conflict for follow-up.
District-boundary uncertainty
The location appears near a boundary or the address point does not resolve coverage. Compare better property evidence and verify with the relevant district or agency.
Document found but interpretation unresolved
A deed, reservation, lease, agreement, permit, or certificate was located, but its effect on the property remains a professional-review question.
Before signing or sharing
Final review checklist
- Seller answers remain seller answers.The assistant and public records did not choose a response on the seller's behalf.
- Official sources and records are saved.Keep direct links, report or authorization numbers, downloads, and useful search details.
- Access dates are recorded.Note when each source was checked because public systems and external records can change.
- Unresolved matters remain visible.A candidate, conflict, unknown, or no-result search was not silently converted to “No.”
- Professional-review flags are identified.Separate title, ownership, severance, transfer, compliance, boundary, or document-interpretation questions for follow-up.
Printable research checklist
Before You Complete Form 61-0
Use this page to collect the research trail. It is not the TREC form and does not supply disclosure answers.
- Property identifiers
Address, county, legal description, appraisal identifier, and any tract or survey references.
- Seller-known information
Known water sources, wells, shared arrangements, off-property supply, surface features, and remembered agreements.
- Sources searched
Official TREC, TWDB, TCEQ, district, and other relevant public sources, with access dates.
- Records saved
Form copy, well reports, district results, authorization records, deeds, agreements, leases, reservations, and title materials.
- Open questions
Missing records, candidate matches, conflicting identifiers, boundary uncertainty, and facts the seller does not know.
- Professional-review flags
Title language, ownership, severance, reservation, transfer, compliance, or document interpretation that remains unresolved.
A missing or conflicting public record does not establish a “No” answer, ownership, or property association.
Frequently asked questions
Frequently asked questions
Is Form 61-0 the same as the ordinary seller disclosure?
TREC lists Form 61-0 separately as the Seller's Disclosure about Groundwater and Surface Water Rights. Use the current transaction documents and official TREC materials to determine which forms apply.
How do I fill out TREC 61-0?
Begin with the seller's knowledge, gather property and water identifiers, search the relevant official sources, save useful records, and preserve unknown or interpretive questions. This guide organizes that research but does not provide the seller's answers.
Can a real estate license holder select the answers?
This guide does not authorize the site or another person to choose a seller's responses. Questions about participant roles or transaction-specific obligations should go to the responsible broker or a Texas attorney.
Does a well report prove the well still operates?
No. A report may describe historical construction or location information, but it does not by itself establish current existence, operation, ownership, water quality, yield, or compliance.
Does a nearby water right belong to the property?
A nearby authorization point, recorded holder, or place-of-use record is not proof of ownership or property association. Compare the authorization documents with reliable property, deed, title, and survey evidence.
What happens when no public record is found?
Record the source, search terms, date, and no-result outcome. Try other appropriate official pathways and preserve the question rather than treating the search result as a disclosure answer.
Can the research be saved and printed?
Yes. The guided assistant stores progress in the current browser, prepares a printable research summary, and tracks unresolved questions. The separate checklist above can also be printed before starting or after gathering records.
Source record
Official sources checked
Texas Real Estate Commission
Seller's Disclosure about Groundwater and Surface Water Rights
Official TREC page for Form 61-0, including the form name, effective date, description, and current download.ReviewedTexas Water Development Board
Locating a Water Well Report
Official TWDB instructions for selecting and searching Texas well-report systems and comparing possible records.ReviewedTexas Commission on Environmental Quality
Groundwater Conservation Districts
Official TCEQ district page with current map, contact, and groundwater-district information pathways.ReviewedTexas Commission on Environmental Quality
Water Rights Viewer
Official TCEQ viewer page describing available water-right information and the limits of mapped data.ReviewedResearch boundary
What this page cannot establish
- The guide organizes seller-known information and research leads; it does not select or validate a Form 61-0 response.
- A map point, well report, district layer, permit, recorded name, or nearby record is not proof of ownership or property association.
- Public records may be incomplete, historical, approximate, or changed after the displayed source-review date.
- The guide does not determine title, ownership, severance, reservation, transferability, compliance, or the legal effect of a document.
For the site-wide evidence standard, see the Texas Water Sources research methodology. For service and professional boundaries, read the independent-service disclaimer.
