If you are buying property with an onsite water well, you might face water test requirements for buyers. The reason is because you will be responsible for the ownership and maintenance of the well. As the owner, you are subject to compliance with all requirements of the local and/or State Health Authority having jurisdiction.
What water tests are required for property transfer?
Most lenders have water test requirements for buyers. They require drinking water from a private well be tested prior to transferring ownership. They know water wells are often susceptible to contamination over time if they go unchecked. The reason is they are less regulated than water provided by city treatment plants. However, the lender’s requirements are often ambiguous. In most cases they refer the borrower to the “customary requirements for the area”.
FHA and HUD home loan rules are published in The Federal Housing Administration’s (FHA) Single Family Housing Policy Handbook 4000.1. It addresses when an Individual Water Supply System is present. In those cases, the Mortgagee must ensure the water quality meets the requirements of the health authority with jurisdiction. But what if there are no local (or state) water quality standards? Then water quality must meet the standards set by the Environmental Protection Agency (EPA). You can find requirements in the National Primary Drinking Water regulations in 40 CFR 141 and 142. According to those publications, each state must adopt drinking water regulations at least as stringent as the EPA.
Likewise, the US Department of Veterans Affairs (VA) has not distributed a formal list of contaminants and requirements for private well water. What matters for the VA and lenders is for the well water to meet local health requirements for safe drinking water. What if there isn’t a local authority with set requirements. Then the water will need to meet either state guidelines or federal standards set by the EPA.
So, What Are the Water Test Requirements When You Transfer Property?
The Texas Commission on Environmental Quality (TCEQ) establishes State rules and regulations for public water systems. They are found in Title 30 Texas Administrative Code (30 TAC), Chapter 290. No specific water tests are required for private property transfer in Texas. That is according to the TCEQ Homepage – Texas Commission on Environmental Quality – www.tceq.texas.gov.
Now we circle back to the EPA, which adopts rules under the Safe Drinking Water Act. The Act authorizes EPA to establish minimum standards. Those standards include protection of tap water. It requires all owners or operators of public water systems to comply with these primary (health-related) standards. Summary of the Safe Drinking Water Act | US EPA.
To answer the requirement, the EPA has established standards for health-related contaminants. Those include arsenic, nitrate (nitrite), bacteria, radioactivity, heavy metals (such as lead and mercury), and several pesticides.
Texas Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems are found in 30 TAC. Look for Chapter 290, Subchapter F. It describes the minimum required sampling, levels, and notification for public water systems.
However, the Wildcat Inspections Team have found no regulation or oversite ensuring private must wells meet those safety standards. Likewise, there are no official right-to-know reports to inform water well owners of the quality of their drinking water. Also, there are no specific requirements for treatment. Therefore, it falls to the well owners (or potential owners) to have their wells tested.
The Takeaway For Water Test Requirements For Buyers
Homebuyers should ask their lender what water tests requirements they have for buyers. There are some contaminants we have found most lenders in our area require. They are Total coliform (fecal coliform and E. coli), Nitrates, Nitrites, Lead and Arsenic. All contaminants, if found, need to be below safety thresholds. All contaminants, if found, need to be below safety thresholds. Otherwise, the inhabitants of the property can be harmed. Contact the health department in the county where the well is located if the lender has no specific requirements.
Guidelines can vary based on where you are buying the property. For instance, wooded lots, farming and ranching communities and property near waterways might have different concerns than rural subdivisions. That’s why your lender might have specific requirements for different borrowers.
Water tests are typically considered to be valid 90 days from the certification date the approved testing facility provides. You might need to have the water retested if you encounter a major setback with your closing date.
It is recommended at a minimum you sample the well water and have it analyzed annually. Also, any time you notice a change in color, taste, or smell of the water or after pump or well maintenance. Often, the basic recommended tests are for fecal coliform, nitrates, and total dissolved solids (TDS). We are just a phone call away when you get ready for testing.
Other Resources For Water Test Requirements
There are a great deal of governmental and nonprofit resources you can use as a private well owner. Groundwater as Drinking Water | Texas Groundwater Protection Committee
The Texas Groundwater Protection Committee (TGPC) Water Well webpage contains more information on well maintenance, contamination, testing private wells and more.
