Land for Sale Near Dublin TX: The New Texas Water Rights Disclosure, and What to Ask Before You Buy

Out here, water is worth as much as the dirt. A creek, a stock tank, a well, a pond: those can make a piece of land work, or make it a headache. Since July 1, 2026, Texas has a new form that makes sellers say more about water rights. If you're shopping for land near Dublin, here's how it works and what I'd ask.

What is the Seller's Disclosure About Groundwater and Surface Water Rights?

The Texas Real Estate Commission (TREC) created the form (Form 61-0) after a state Sunset Advisory Commission review. TREC also added a new section to Paragraph 7 of most of its contracts, including the Farm and Ranch Contract and the Unimproved Property Contract. Residential condominium resales are excluded.

According to TREC's FAQ, the disclosure is required by default unless all of the statements in the contract's exception paragraph are true. For the standard home resale contract, that's Paragraph 7I(3). Some of the key points in TREC's explanation:

• If the seller knows of a pond, lake, or water tank on the property, the exception doesn't apply and the disclosure is needed. TREC says a lake next to the property doesn't count, and a river or creek running through it doesn't either, including a seasonal creek. TREC doesn't define "pond, lake, or water tank," so when in doubt it suggests treating the item as included.
• Surface water rights are permits, certified filings, or certificates of adjudication administered by the Texas Commission on Environmental Quality (TCEQ). If the seller has one, the form asks for the number and everyone who holds an interest.
• Groundwater rights: the form asks whether the seller knows that groundwater rights have been severed, sold, or leased.
• Groundwater districts: the form asks about them. The form itself notes that not all land in Texas is in one.

The form is the seller's statement of what they know on the date they sign. It isn't a warranty or a replacement for inspections, and TREC says it doesn't decide whether it applies to a specific deal.

TREC's Broker-Lawyer Committee is still looking at questions about the form, including what counts as a "water tank." So expect the wording to be refined over time.

What does it mean for buyers and sellers around Dublin?

• Buyers: If a property has a stock tank, pond, or well, expect the form to come up. Read the answers, and ask follow-up questions. If it's unclear whether the seller owes you the disclosure, your agent can ask before you make an offer.
• Sellers: Know what's on your land. If you're not sure whether a water right or severed groundwater interest exists, check your records, or talk to a Texas attorney, before you sign the form.
• Landowners who aren't selling: It's a good time to find your old deed, any TCEQ paperwork, and well records.

My take: what I'd do right now

1. Walk the land and write down every water feature. Tanks, ponds, wells, creeks, springs.
2. Ask for the paperwork. Any TCEQ permit or certificate, any well driller's report, and any lease or deed language about water.
3. Ask whether a groundwater district applies to the property. The county or the seller's agent can help you find out.
4. Get a title review. Texas lets surface, minerals, and water rights be owned separately, and your title company can show what's been reserved.
5. Pair it with the basics. A current survey and a look at the ag valuation history are still smart. See my post on ag valuation near Dublin.
6. Talk with your attorney about any water rights question. TREC doesn't give legal advice.

Sources

• TREC, FAQs: Seller's Disclosure About Groundwater and Surface Water Rights, accessed Oct. 9, 2026
• TREC, contract forms, accessed Oct. 9, 2026
• TREC, Form 61-0, accessed Oct. 9, 2026
• City of Dublin, accessed Oct. 9, 2026

Information is deemed reliable but not guaranteed and is for general purposes only. Karen Fox, REALTOR®, Moore Home & Ranch Realty. Equal Housing Opportunity.

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