Hill Country Water Rights 101 For Buyers

Thinking about buying acreage in the Austin Hill Country and wondering if the water will hold up year after year? You are not alone. Reliable water is one of the biggest questions buyers have in Travis County and the surrounding Hill Country. In this guide, you will learn the basics of Texas water rights, who regulates wells near Austin, and a practical due diligence checklist to help you buy with confidence. Let’s dive in.

Texas water basics: surface vs. groundwater

Texas treats surface water and groundwater differently. Surface water, like rivers and creeks formed by the flow of a river, is publicly owned and regulated by the state. If you plan to divert or store surface water, you generally need a water right permit from the Texas Commission on Environmental Quality. You can review the permitting framework in the TCEQ overview on water rights.

Groundwater follows the state’s “rule of capture,” which has been shaped by local regulation. In simple terms, you can often drill and use groundwater under your land, but local Groundwater Conservation Districts (GCDs) can require permits, limit pumping, and set spacing rules. The powers and duties of GCDs are laid out in the Texas Water Code Chapter 36.

Private wells that serve a single home are not regulated like public water systems. You are responsible for construction quality and ongoing water testing. The state provides homeowner guidance on well safety and testing through the TCEQ private wells page.

• Read more: TCEQ water rights
• Read more: Texas Water Code Chapter 36
• Read more: TCEQ private water wells guidance

Who regulates water near Austin

GCDs are the local agencies that manage groundwater. Their rules can differ from one district to the next, so your first step is to confirm which GCD covers the specific parcel you are considering. Use the Texas Water Development Board’s resources to find your GCD and access maps and contacts.

In and around Austin, many properties overlay the Barton Springs segment of the Edwards Aquifer. The Barton Springs/Edwards Aquifer Conservation District (BSEACD) manages this sensitive karst aquifer system. BSEACD frequently requires well registration, may require permits, and maintains water quality protections in recharge and contributing zones. Review the district’s current rules before you rely on a well as your primary source.

Much of the Hill Country sits on karstic limestone aquifers like the Edwards and Trinity. Karst can provide strong well yields, but it is more vulnerable to contamination because recharge can be rapid and direct. That affects siting, well construction standards, and setback distances.

If your property lies within the City of Austin or its extraterritorial jurisdiction, city and county regulations can apply. Some parcels are served by utility districts or Austin Water, which changes your options for a water connection. Start early by calling the city or county development offices and confirming the water service picture.

• Find your district: TWDB GCD maps and contacts
• Local rules: BSEACD regulatory rules
• Utility info: Austin Water resources

Buyer due diligence checklist

The goal is simple. Confirm what water you have, what you can legally use, and whether it will meet your needs year after year. Use this step-by-step plan during your option period.

A. Early steps during the option period

• Identify all water sources and documents.

  • Ask the seller to identify the water source for the home or acreage: private well, shared well, spring, pond, rainwater, or municipal service.
  • Request the well log (driller’s report), pump test results, pump and pressure tank service records, and any recent water quality tests.
  • If a shared well is involved, ask for the recorded shared well agreement and any easements.

• Confirm the regulator for the parcel.

  • Look up the property’s GCD using the TWDB GCD resources, then call the district for permit, spacing, and pumping details.
  • If you suspect you are in the Barton Springs/Edwards area, verify whether you are in a recharge or contributing zone and ask BSEACD about registration or permitting requirements.
  • Determine whether the property is inside city limits, within an ETJ, or in a utility district that changes your water options.

• Order title and review recorded instruments.

  • Look for well easements, shared well agreements, or covenants that affect water use. Confirm that any shared well easement and agreement are recorded.

• Pull public well records.

  • Use the TWDB groundwater and wells resources to search for a driller’s report or historic data for the well or nearby wells.

• Helpful resource: TWDB groundwater and wells

B. Inspections and testing before closing

• Hire a licensed well driller or pump specialist.

  • Ask for a site walk to inspect the wellhead and sanitary seal, confirm the well identification number, evaluate the pump and pressure tank, and measure the static water level.
  • If recent yield data is missing or you plan higher demand, order a pump test to measure drawdown, recovery, and sustainable yield.

• Test water quality through an accredited lab.

  • Run a baseline panel: total coliform and E. coli, nitrate/nitrite, total dissolved solids, pH, hardness, iron, and manganese.
  • Add metals such as arsenic and lead in karst areas. If near agriculture or industry, consider pesticides, hydrocarbons, or VOCs.
  • Follow the lab’s sampling instructions to avoid false positives. The TCEQ and EPA provide homeowner guidance on private well testing.

• Check septic and setbacks.

  • Order a septic inspection. Confirm required separation distances between a well, septic system, and any surface water. Verify permits and capacity for the existing or planned use.

• Evaluate ponds and springs.

  • Determine if a pond is spring-fed or runoff-fed. If you plan to use pond water, confirm legal authorization if it intercepts surface flow and test for bacteria and nutrients.

• Testing guidance: TCEQ private wells and EPA private well tips

C. Legal and contractual protections

• Build protections into your contract.
  • Include contingencies for satisfactory well yield and acceptable water quality.
  • Require delivery and review of any GCD permits, registrations, and notices.
  • If the seller claims rights to surface water, condition closing on verification of lawful authorization under TCEQ rules.
• For shared wells, require a solid, recorded agreement.
  • The agreement should address ownership, easements and access, metering, cost sharing, maintenance and replacement, usage limits, and dispute resolution. Ask a real estate attorney to review it.

D. Red flags to watch for

• A “shared well” with no recorded agreement or easement.
• No well log on file and no pump test data.
• High drawdown during testing or seasonal dry-up reports from neighbors.
• Positive results for coliform, E. coli, or elevated nitrates or metals without a clear treatment plan.
• Poor wellhead condition, open vents, or floodplain siting.
• Parcels within a GCD’s restricted zone for new wells or with pumping limits that do not match your planned use.

Shared wells, rainwater, and ponds

Shared wells

Shared wells can work well if they are set up correctly. Insist on a written, recorded agreement that grants access, defines cost sharing, sets usage and metering rules, and explains repair and replacement procedures. Informal arrangements often fail when a pump needs replacement or when one owner sells.

Rainwater harvesting

Rainwater systems are common in the Hill Country for irrigation, livestock, and even whole-house use. Potable use requires proper filtration, disinfection, and plumbing separation. Size the system to your roof area and local rainfall patterns, and check any HOA or local plumbing requirements. For planning guidance tailored to Texas conditions, start with Texas A&M AgriLife’s rainwater harvesting resources.

• Planning help: Texas A&M AgriLife rainwater harvesting

Ponds and springs

Ponds can support livestock and limited irrigation, but yields vary with season and drought. If a pond intercepts or impounds flowing surface water, you may need authorization. Springs can be valuable sources, yet they are often intermittent in karst terrain. Confirm legal status, reliability, and water quality before counting on either as a primary supply. See TCEQ’s overview for when surface water authorization applies.

• Regulatory basics: TCEQ water rights overview

When to bring in professionals

Bring in experts early if any of these apply: you are uncertain about well yield or quality, you plan multiple homes or livestock operations, the system is shared, or the property sits in an aquifer recharge zone.

• Licensed well driller or pump contractor. Inspect the wellhead and equipment, run or interpret pump tests, and estimate sustainable yield.
• Hydrogeologist or groundwater consultant. Evaluate regional well logs, aquifer conditions, and long-term supply risk. Especially useful in Edwards or Trinity karst areas.
• Accredited environmental lab. Provide sampling kits and run the correct test panels for your intended use.
• Civil engineer or water systems consultant. Design rainwater systems, filtration, or pond improvements.
• Real estate attorney. Review or draft shared well agreements, easements, and contract contingencies.
• Surveyor. Locate wells and confirm easements on the survey.
• Local GCD staff. Explain district rules, permits, and any limits that affect your plans.

Work with a local team that knows land and water

When you buy acreage in the Austin Hill Country, water is a make-or-break issue. You deserve a guide who treats it that way. Our team brings practical land expertise shaped by hands-on development of 368 raw acres, plus a track record of smooth, well-documented transactions across Central Texas. If you want a clear plan for wells, rainwater, or shared systems before you close, we are ready to help.

Ready to talk through a specific property, review a well report, or build your due diligence checklist? Connect with Lesli Ray Etzel for a focused, step-by-step path to a confident purchase.

FAQs

What is the difference between Texas surface water and groundwater?

• Surface water is publicly owned and regulated by TCEQ, and most diversions require a state water right. Groundwater can be used under the rule of capture but is locally regulated by GCDs under the Texas Water Code Chapter 36.

How do I find the groundwater district for a Travis County property?

• Use the Texas Water Development Board’s GCD resources to locate your district, then call the district to confirm registration, permitting, spacing, and pumping limits for your parcel.

What water tests should I run on a private well in the Austin Hill Country?

• Start with total coliform and E. coli, nitrate/nitrite, TDS, pH, hardness, iron, and manganese. Add arsenic and lead in karst areas, and consider pesticides or VOCs near farms or industry. See TCEQ and EPA guidance for details.

Can I rely on rainwater as my primary home water supply?

• Yes, many Hill Country owners do, but you must size storage correctly and treat water for potable use. Check local codes and HOA rules, and use Texas A&M AgriLife guidance for system design.

What should be in a shared well agreement in Texas?

• Include recorded easements and access, ownership shares, metering and usage rules, cost sharing, maintenance and replacement responsibilities, and a dispute resolution process. Have a real estate attorney review it.