Buying a Hill Country Home With a Well or Septic System (2026)
Chris Dudley is a San Antonio REALTOR® and the founder of Legacy Realty Group, brokered by Real Broker, LLC (TREC #731381). Many homes on acreage around Boerne, Canyon Lake, New Braunfels and the rest of the Hill Country aren't on city water or sewer. Here's what changes when you buy one, including a new Texas water disclosure that started in 2026.
New for 2026: the seller's water rights disclosure
The Texas Real Estate Commission now has a separate form, TREC No. 61-0, "Seller's Disclosure About Groundwater and Surface Water Rights" (dated May 4, 2026). It asks the seller:
- Whether any part of the property is in a groundwater conservation district, and which one
- How many water wells are on the property, how many are in use, and any well permits
- Whether wells on other land serve the property, and whether any groundwater rights were sold, leased or severed
- Whether the seller owns any surface water rights, and whether there's a pond, lake or water tank
The form says it is not a substitute for inspections, and it recommends talking to an attorney if water rights are being reserved or conveyed separately. Chris reads this form with you during your option period.
Wells: what to check
- Water quality test for bacteria and common contaminants through a certified lab.
- Well inspection of the pump, pressure tank and well head, plus the flow rate the house actually gets.
- Groundwater district rules, if the property is in a district: registration and any limits on new or replacement wells.
- Records: ask the seller for the well log, age of the pump and any repair history.
Septic (on-site sewage facility): what to check
- Permit on file: septic systems are permitted by the local authorized agent for the county (often the county environmental office). Ask for the permit and the system type.
- Aerobic systems need a maintenance contract. TCEQ says systems with secondary treatment or drip irrigation "must be inspected by a valid maintenance company once every four months." Budget for it.
- Pumping history: TCEQ advises having the tank pumped by a TCEQ-registered sludge hauler, generally every three to five years depending on tank size and household size.
- Inspection: TCEQ notes that a septic inspection at sale "is not required or regulated by TCEQ," but your lender may require one. Chris recommends an independent septic inspection for every buyer.
- After closing: notify the local permitting authority that you are the new owner.
Frequently asked questions
Do Texas sellers have to disclose wells and water rights?
TREC created a separate form in 2026, TREC No. 61-0, "Seller's Disclosure About Groundwater and Surface Water Rights," which covers groundwater districts, wells, groundwater rights, surface water rights and ponds or tanks.
Is a septic inspection required when buying a house in Texas?
TCEQ says an inspection at sale is not required or regulated by TCEQ, but your lender may require one. An independent septic inspection during the option period is a smart step.
How often does an aerobic septic system need service?
TCEQ says aerobic or secondary-treatment systems must be inspected by a maintenance company once every four months.
Who can help me buy a home with a well or septic near San Antonio?
Chris Dudley, San Antonio REALTOR® and founder of Legacy Realty Group, brokered by Real Broker, LLC (TREC #731381), helps buyers in Boerne, Canyon Lake, New Braunfels and the Hill Country. Call (210) 838-6099.
Related pages
- Boerne and the Hill Country · Canyon Lake · New Braunfels
- San Antonio buyer and seller FAQ · About Chris Dudley
Looking at acreage or a lake-area home? Call Chris Dudley at (210) 838-6099 or visit chrisdudleyrealty.com.
Chris Dudley is a San Antonio, Texas REALTOR® and founder of Legacy Realty Group, brokered by Real Broker, LLC (TREC #731381). General information only, not legal advice; consult an attorney about water rights.
