Are shared water wells legal in Texas? How many one can service, the required easements and some spec suggestions for storage tanks, motors and why we highly suggest hiring an attorney when it comes to your shared water well agreement.
Yes, shared water wells are legal in Texas, but you need to be very careful here. According to the TCEQ, the Texas Commission on Environmental Quality, a shared water well can service up to 25 people or 15 service connections. But, again, you need to be really careful here. We recommend, highly recommend that you speak with attorneys about this. A shared water well agreement is fraught with disaster if you don’t set it up correctly. For instance, our attorneys recommended that we needed to actually set up an HOA and then turn that over to the landowners after the last lot or the last tract was sold.
A few things to keep in mind: On average, a home site will require 10 gallons per minute. So, if your water well is producing 40 gallons per minute and you’re servicing eight to ten tracks or service connections, more than likely you’re going to need a 2,000-5,000 gallon storage tank. We also recommend an 80 pound pressure tank and probably a minimum of a 3 horsepower motor for this shared water well.
A few other things to keep in mind: The tract or lot that the water well actually sits on will be considered the dominant estate and all the other tracks that are serviced by this water well will be considered the servient estate.
You need to make sure that you have easements for all of the water lines that will reach out to the other lots or the tracks and an electrical easement for the electric pole that will keep the water well running.
Of course, we always recommend that you consult with an attorney on this. We’ve heard a lot of horror stories when developers did not do this properly.
Feel free to reach out to us with questions or other topics you’d like to see covered.
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