This document discusses key considerations for real estate agents regarding groundwater conservation districts (GCDs) and property transactions in Texas. It provides a list of frequently asked questions from real estate brokers about issues such as whether a property falls within a GCD's jurisdiction, well permitting requirements, pumping limits, and records of water usage. The document proposes future needs such as adding paragraphs about water rights to real estate contracts and holding annual seminars to educate agents on GCD rules and regulations. It offers to help organize such seminars.

1. GCDs and Real Estate Transactions: Key
Considerations and Engaging with
Agents
Charles Porter, PhD, www.charlesporter.com; crporter@sbcglobal.net
Chair of the Education Standards Advisory Committee, Texas Real Estate Commission

2. Porter’s Water Trilogy, 2009-2016
Upcoming College Textbook:
Water Rights in the United States: A Path Through the Maze
Rowman and Littlefield, New York and London, Spring 2023

5. 2015 HB 1221, revising the Texas Property Code, 5.008, the Seller’s Disclosure Notice, we added:
Are you (Seller) aware of any of the following? Write Yes (Y) if you are aware,
write No (N) if you are not aware.
“Any portion of the property that is located in a groundwater
conservation district or a subsidence district.”

6. Most Helpful Answers to Typical Real Estate Brokers
• Does this property fall in the jurisdiction of your GCD?
• Who is the appropriate person in your office for my client to contact with questions?
• Does my client need a permit to drill a well?
• What is your definition of domestic and livestock well?
• What are the pumping limits of the exempt domestic and livestock well?
• Is the D & L well required to be registered? Is the D & L well required to be metered?
• May my buyer use the D & L well to fill the swimming pool or water the yard?
• What pumping permits are currently in place on the property?
• Has the current owner been cited for any violations?
• Are there any abandoned wells on the property?
• How does my buyer begin to obtain an irrigation permit?
• Do you have any records as to the amount of water used for the well(s) on the property?
• When and where do you hold public hearings/meetings?
• Where may my client find a list of water well drillers in your area?
• A more sophisticated buyer might ask: May my client sell or lease their groundwater out of the
district? How?

7. Future Needs for Public Education and Knowledge
• A revision to the TREC promulgated Farm and Ranch Purchase Contract to
include a paragraph about the property’s water rights.
• An addendum to the contract with further details about the groundwater
rights and regulations of the subject property.
• A groundwater rights disclosure notice.
• Getting the title companies to add a notice in Schedule B of the
Commitment for Title Insurance that the property’s groundwater is subject
to the rules and regulations of “X” groundwater conservation district.

8. Ideas
• Hold an annual real estate agent groundwater seminar, similar to the Lone Star Water Forum in
Brenham. I served on the BOD for years, participated in organizing the annual forums, and often
invited and acquired the guest speakers. I pledge help – no charge. (Serve great Bar B Que!)
• Seek sponsorship/support for the annual forum from the Texas Agri-Life Extension agent, the
Texas Wildlife Association, local water providers, and encourage the participation by young
people of all ages.
• Put together a list of real estate agents in your area and send them all notices of your monthly or
other meetings.
• Appoint someone to be the liaison between your GCD and real estate agents.