When Is TREC Form 61-0 Needed? Groundwater & Surface Water Guide
Start with the contract exception test
When a TREC contract other than the Residential Condominium Contract is used, the contract defaults to providing the Seller's Disclosure About Groundwater and Surface Water Rights unless all of the applicable Paragraph 7 exception statements are true. For the One to Four Family Residential Contract, review Paragraph 7I(3).
Is Seller aware of a water well on the property, whether in use or not in use?
Is Seller aware of any of these features on the property?
Is Seller aware of a certificate of adjudication, certified filing, or permit for surface-water rights associated with the property?
Is Seller aware that groundwater rights have been severed, sold, or leased in whole or in part?
Does the property receive water only from a City, MUD/special district, WSC, or private water supply company? If using the exception, identify the provider in the contract blank.
If one or more exception statements is not true: review delivery of TREC Form 61-0.
Important distinctions from TREC
Groundwater district does not automatically trigger it
Being in a groundwater conservation district or subsidence district, by itself, does not require the disclosure when every contract exception statement is true.
Adjacent lake vs. lake on the property
A lake that only borders or is adjacent to the property is not the same as a lake located on the property for the contract exception test.
River or creek through the property
TREC's current FAQ says a river or creek, including a seasonal or wet-weather creek, running through the property is not itself relevant to whether the Paragraph 7 exception applies.
Seller's Disclosure Notice exemption is separate
Being exempt from the ordinary Seller's Disclosure Notice does not automatically exempt the seller from the water disclosure. They use different tests.
How to complete Form 61-0
If the form is required under the contract, the seller completes it based on the seller's knowledge. Read each definition and instruction on the current form, answer required questions completely, and identify requested permit, ownership, district, well, or water-source information accurately. Do not guess about property rights.
Water rights can involve legal property-right issues. TREC advises parties with questions about what rights they own or how the law applies to consult a private attorney.
Related resources
Need further assistance?
For transaction-specific questions, contact your broker or Broker Rochelle Fitzgerald at Fitz & Co. Real Estate.
For educational purposes only. Agents should verify current forms and consult with their broker when needed.