Realtor Information
In the recent Special-Purpose Review by the Sunset Advisory Commission, Sunset directed the Commission to add language to contract forms to provide prospective buyers with relevant information on groundwater and surface water rights associated with a property.
A new Water Notice: Seller’s Disclosure About Groundwater and Surface Water Rights has been created. Effective: July 1, 2026
Section 1: Definitions
- Texas has explicit definitions of groundwater and surface water that the seller should be aware of.
- The presence of a water well does not guarantee access or rights to water. Property paperwork will confirm if water rights were severed, leased to another entity, the surface owner’s right, or the subsurface owner’s right.
Section 2: Information Related to Groundwater and Water Wells
- Question 2: If the property is located in Bell County, Distrito de Aguas Residuales de Clearwater is the Groundwater District. Our website is cuwcd.org. If the property or a portion of the property is located in another county, check Groundwater District information with the Texas Alliance of Groundwater District’s GCD Index.
- 2B: To identify and confirm the status of existing registered wells located within Clearwater UWCD boundaries, use the CUWCD Interactive Well Map. (1) Enter the maps and accept the disclaimer. (2) Use the address/coordinates search bar on the right to locate the property. (3) Use the maps layers on the left to toggle on Clearwater Well Labels and Bell CAD Parcel Information. Blue dots indicate the presence of a registered well. Yellow dots indicate the presence of a canceled well application. Red dots indicate the presence of a plugged well.
- 2B2: “Currently in use” means the well is equipped and producing water in some capacity for the site, be it domestic, agriculture, livestock, irrigation, etc.
- 2B3: “Not currently in use” mean no equipment or ability for the groundwater to be used. This includes capped, covered, plugged, or abandoned wells
- 2B4: In the CUWCD Interactive Well Map, click on the well dot to bring up the well information including the CUWCD well number and permit numbers.
Any questions in section 2 (A-F) can be verified by calling the District Office at 254-933-0120.
- 2 C-F: Groundwater rights verbiage should be located within the property section of the warranty deed. Groundwater rights can be severed from the surface property and bought and sold just like real property. Groundwater rights can be determined by contacting the District Office at 254-933-0120. Some areas in Texas have entire areas where groundwater rights were bought by outside entities and leased to others (Ex. Post Oak Savannah GCD, Milam County).
Section 3: Information Related to Surface Water
The Texas Commission on Environmental Quality’s Water Rights Viewer includes information about water rights authorizations and other water-related information. A user can find information on the location of authorized water rights points, a copy of the water right, the Adjudication Final Determination, current ownership of the water right, recent water-use data, and TCEQ’s adopted environmental flow standards. See the User Guide for more information.
Section 4: Notice to Buyer and Seller
- If you find an unregistered well in Bell County, please contact the Clearwater UWCD Office at 254-933-0120, and we will work with the landowner to register the well. All wells in Bell County must be registered with the District.
- Please remember that all GCDs and their rules are not created equal, and one district may have different regulations than another.
- Clearwater UWCD does assess an ad valorum tax. For more information, see the Formulario de aviso al comprador.
- If a seller or buyer wants to adjust, convey, or separate any water rights, please consult an attorney.