TREC 61-0 supporting guide
Researching Shared and Off-Property Wells
Document who owns, operates, uses, pays for, and can access a well arrangement while keeping public map clues separate from seller confirmation and private agreements.
Build an evidence list for a well that may serve more than one tract or may sit outside the property, without inferring the private arrangement from a public map.
Return to trec form 61-0 research guide →Editorial record
Research approach
Official-source review, source comparison, editorial drafting, and substantive claim checks against the cited sources before publication.
Start with the evidence
Private arrangements require private evidence
A shared-well or off-property-well question has at least two parts: the physical source of water and the legal or practical arrangement that allows delivery and use. A state report may help identify a candidate well, but it usually does not identify every current beneficiary, operator, access right, cost allocation, or maintenance duty.
Start with the seller’s account and transaction documents. Use public records to locate possible well identifiers and district context, then return to deeds, agreements, title materials, surveys, bills, and direct confirmation for the arrangement itself.
Before you begin
Questions for the seller and file
- Where is the well physically located, who is believed to own it, and who operates the pump or controls access?
- Which tracts or users receive water, for what uses, and through which lines, tanks, meters, or pressure systems?
- Who pays electricity, maintenance, testing, repairs, replacement, district fees, or other charges?
- Which deeds, easements, agreements, leases, reservations, title exceptions, surveys, invoices, or correspondence describe the arrangement?
Step by step
A shared-well evidence workflow
Write the seller’s description
Record the well location, operator, known users, delivery path, payment practice, maintenance practice, and source of the seller’s knowledge. Flag every answer based only on assumption or custom.
Inventory private documents
Review available deeds, title materials, surveys, easements, agreements, leases, reservations, invoices, and correspondence for well location, access, beneficiaries, duration, cost allocation, repair duties, and termination terms.
Search for a candidate well record
Use official well-report pathways to locate possible identifiers and historical report details. Preserve the candidate, but do not treat a report or map point as proof of the private arrangement.
Check district context separately
Identify a possible groundwater conservation district for the well location and locate current official rules or contact pathways. District context does not answer ownership or agreement questions.
Compare the accounts
Create a table of seller statements, documents, public records, physical observations, and conflicts. Ask whether each claimed beneficiary, operator, access route, and payment duty has supporting evidence.
Confirm and escalate
Ask the seller to confirm the final factual account. Send title, easement, enforceability, transfer, or interpretation questions to the appropriate title or legal professional before relying on the arrangement.
Preserve the trail
Facts to document separately
Physical system
Well location, pipes, storage, meters, electrical service, access route, observed condition, and any survey or inspection evidence.
People and responsibilities
Claimed owner, operator, beneficiaries, payment practice, maintenance practice, decision-making, emergency access, and seller confirmation.
Documented rights and open questions
Relevant instruments and title references, plus any unresolved question about ownership, access, enforceability, transfer, cost, or continuing service.
Hypothetical example
The invented Two-Tract Farm arrangement
In this fictional example, the seller says a well on a neighboring tract supplies both tracts. The seller pays part of the electric bill, but the file contains only an old invoice and a survey showing a line near the boundary; no shared-well agreement has been located.
- Record the seller’s account, bill-sharing practice, and known delivery route.
- Search title and closing materials for an easement, agreement, reservation, or exception.
- Use a public well search only to identify a candidate report and identifiers.
- Flag access, continuing service, payment duty, and transfer questions for title or legal review.
Research outcome: The map and invoice may support further research, but they do not establish a transferable right to receive water. The arrangement remains unresolved until adequate evidence is found and interpreted.
Final review
Before relying on the arrangement
- Confirm the claimed well location, operator, beneficiaries, delivery route, and payment practice with the seller.
- Preserve the specific documents and public records reviewed, including identifiers and dates.
- Do not use the absence of a public agreement or map feature to conclude that no arrangement exists.
- Carry unresolved title, access, transfer, service, maintenance, and disclosure questions into the professional handoff and TREC assistant.
Research boundary
What this page cannot establish
- Public maps and well reports rarely establish the complete private agreement, current beneficiaries, access rights, payment duties, maintenance duties, or operating arrangement.
- A mapped well outside or near a tract does not prove that it supplies the property; a mapped point inside does not prove ownership or exclusive use.
- This page does not interpret a deed, easement, lease, reservation, covenant, service agreement, or title exception.
- This page does not select a Form 61-0 answer or establish current operation, compliance, water quality, or yield.
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 Water Development Board
TWDB Submitted Drillers Reports
Source: Texas Water Development Board submitted driller report records.ReviewedTexas Commission on Environmental Quality
