Water Wells on Texas Land: What to Check Before You Buy

Short answer: In Texas the landowner owns the groundwater under the land as real property (Water Code Section 36.002), but local groundwater conservation districts, which the Legislature calls the state's preferred method of groundwater management, set rules for wells (Section 36.0015). A well used only for a home or for livestock or poultry is exempt from district permits if it is on a tract larger than 10 acres and cannot produce more than 25,000 gallons a day, but the owner must still register it and keep it built to the district's rules (Section 36.117). The exemption does not apply to water for a subdivision that needs a plat. A license from the Texas Department of Licensing and Regulation is required to drill a water well or install its pump, and well reports can be looked up through the Texas Water Development Board (wells drilled after 2002) or the TCEQ (earlier wells). Before you buy, find the district, pull the well report, and ask about registration.

Water decides what you can do with raw land in Texas. A homesite, a few head of cattle or a garden all need it, and away from city lines that usually means a well. If you are buying land with a well, or planning to drill one, a few public records and rules tell you most of what you need to know. This guide explains who owns the groundwater, when a well needs a permit, who can drill it, and which records to pull before you sign.

This article is general information. It is not legal advice. Groundwater rules are set locally; check with the groundwater conservation district for the land, and a Texas real estate attorney for questions about a specific property.

Who owns the water under the land

Texas Water Code Section 36.002 says the Legislature recognizes that a landowner owns the groundwater below the surface of the land as real property. The owner may drill for and produce it, as long as that does not cause waste, malicious drainage of other property, or negligent subsidence, and subject to the rest of the law. When you buy land, check the deed and title commitment for any earlier sale or reservation of water rights, just as you would for minerals.

Find the groundwater conservation district

Section 36.0015 says groundwater conservation districts are the state's preferred method of groundwater management. Districts adopt management plans that the Texas Water Development Board approves, and they set local rules on registration, spacing and production. The TWDB publishes a district map and a contact list, so the first step for any tract is to find out whether it is inside a district and read that district's rules. Our Texas land rules checklist lists the other local rules to check at the same time.

When a well is exempt from permits

Under Section 36.117, a district may not require a permit for a well used solely for domestic use or to water livestock or poultry if the well is:

• on a tract of land larger than 10 acres, and
• drilled, completed or equipped so it cannot produce more than 25,000 gallons of groundwater a day.

Exempt does not mean unregulated. The same section says the district must require the owner to register the well, and to equip and maintain it with casing, pipe and fittings that keep groundwater from escaping or being polluted. The driller must file the well log with the district. A district may also apply its spacing rules to new wells, and it may cancel the exemption if the water stops being used only for those purposes.

One limit matters for anyone buying a lot in a new development: the exemption does not apply to a well that supplies water for a subdivision that needs plat approval under Chapter 232 of the Local Government Code. On a tract of 10 acres or less, or for other uses, expect to need the district's permit, and read its rules before you buy.

Who can drill it

The Texas Department of Licensing and Regulation says a license is required to drill a water-related well in Texas and to install a pump for one. Ask any driller for their TDLR license number, and ask them to file the well report and the district's paperwork.

Records to pull for an existing well

1. The well report. TDLR points to the Texas Well Reporting System, run by the Texas Water Development Board, for wells drilled after 2002, and to TCEQ well reports for wells drilled before 2003. The report shows depth and construction details.
2. The district registration. Ask the groundwater conservation district whether the well is registered and whether any permit applies.
3. Pump and repair records. The seller may have invoices for pump work, which show the well's history.
4. A water test. Have the water tested by a lab before you rely on it for a home.

If the land also needs a septic system, our guide on septic systems for Texas land buyers covers the permits for that side.

For sellers: have the paperwork ready

A buyer who sees the well report, the registration and recent repair records can judge the water quickly. Put them with your deed and tax records before you list. Our guide on what to have ready before you sell covers the rest of the paperwork.

A buyer's checklist

1. Find the groundwater conservation district and read its rules on registration, spacing and permits.
2. Check the tract size and the planned use against the exempt-well rule in Section 36.117.
3. Pull the well report and ask the district for the registration.
4. Check the deed and title commitment for any reservation of water rights.
5. Plan for a licensed driller and a water test before you count on the well.

If you plan to live on the land in an RV or tiny home while you build, see our guide on an RV or tiny home on Texas land, and our guide on buying land for sale by owner for the rest of the purchase.

Looking for land?

Our land marketplace lists Texas land for sale. Ask about any listing's water, access and utilities before you decide.

Common questions

Who owns the groundwater under Texas land?

The landowner. Texas Water Code Section 36.002 says the Legislature recognizes that a landowner owns the groundwater below the surface of the land as real property, and may drill for and produce it, subject to the law and the rules of the local groundwater conservation district.

Do I need a permit to drill a water well on my land in Texas?

Not always. Under Water Code Section 36.117, a well used solely for domestic use or for livestock or poultry is exempt from district permits if it is on a tract larger than 10 acres and cannot produce more than 25,000 gallons a day. The district must still require you to register it, and it must be built and kept to the district's rules.

Does the exempt-well rule apply to subdivisions?

No. Section 36.117 says the exemption does not apply to a well that supplies water for a subdivision that requires plat approval under Chapter 232 of the Local Government Code.

Who can drill a water well in Texas?

A licensed driller. The Texas Department of Licensing and Regulation says a license is required to drill a water-related well in Texas and to install a pump for one.

How do I find the records for an existing well?

Ask the seller for the well report. TDLR points to the Texas Well Reporting System run by the Texas Water Development Board for wells drilled after 2002, and to TCEQ well reports for wells drilled before 2003. The local groundwater conservation district may also have the registration.

Sources

• Texas Water Code Section 36.002 (groundwater ownership)
• Texas Water Code Section 36.0015 (groundwater conservation districts)
• Texas Water Code Section 36.117 (exempt wells)
• Texas Department of Licensing and Regulation: Water Well Drillers and Pump Installers
• Texas Water Development Board: Groundwater Conservation Districts

Each source was opened and read on October 22, 2026. Rules and rates change: check the source for the current version.

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