What land and water rights would a Pecos County battery project need?

Find out what the county guidance does and does not cover

Pecos County’s posted guidance says it has no county zoning, building code or fire code, and identifies on-site sewage as its county permit exception. The same page expressly says state and federal requirements still apply. That is a starting point for questions, not an assurance that a proposed battery project has everything it needs.

Ask the company to identify the actual property boundaries and whether the proposed work is within a city. The county directs city-limit inquiries to Fort Stockton or Iraan. Have the company confirm which offices would handle the specific equipment, site work and supporting facilities.

The county also provides contacts for fire or occupancy inquiries and energy development questions. Ask who will discuss the layout, emergency access and operating arrangements with the responsible office. A statement that there is no county fire code should not leave those practical arrangements unexplained.

Keep a written list of what has been checked, what remains outstanding and who is responsible. Separate a general conversation about requirements from a decision on a particular proposal. Neither one grants a company rights over your land.

Reference: Pecos County: rules, regulations and department guidance

Trace each road crossing and entrance on the plan

The county guidance tells anyone planning to cut across a county road to contact the commissioner for that precinct. Ask the developer to mark each crossing and identify the relevant precinct before it proposes a final electrical route or construction schedule.

Clarify what the crossing is for: an electrical line, a water line or another part of the work. A company’s right to occupy your proposed lease area does not explain how it would cross a public road or another owner’s land. Ask who secures those permissions and what happens if the proposed route cannot be used.

Walk through the delivery route separately. Which entrance would trucks use? Would gates, a culvert or a shared road need work? Record the condition of the route and discuss repair costs, access during construction and responsibility for later maintenance.

If you need the same route to reach the rest of your property, make that clear early. The plan should show how your access continues when work is underway and after the site is operating. Ask for notice before temporary closures or changes to an agreed route.

Reference: Pecos County: rules, regulations and department guidance

Ask whether the company wants to use a well

Have the company describe its proposed water supply rather than assume your existing well is part of the deal. Ask about temporary construction needs and any continuing use separately: where the water would come from, how much it expects to use and how it would reach the site.

Pecos County refers well inquiries to Middle Pecos Groundwater Conservation District. The district publishes separate forms for registration, ownership transfer, production permits and amendments. An existing well, its registration and a permit for a particular use answer different questions.

The district’s well transfer form describes continued use in the same manner and under the same conditions. Its November 2025 rules require an amendment before specified changes to a permit, including the purpose or place of use, even when total withdrawal stays the same. The rules also restrict changing the purpose of a Historic and Existing Use Permit.

Have the company take its actual water proposal and the well’s records to the district. Do not promise that a well serving your existing use can supply the project on the same terms. Ask what review is needed before agreeing to any new use, amount, pump work or route.

Reference: Middle Pecos Groundwater Conservation District: well forms · Middle Pecos GCD: well ownership transfer form · Middle Pecos GCD: rules effective November 18, 2025

Keep water rights and operating duties clear in the agreement

The production-permit amendment file includes an ownership addendum that distinguishes groundwater rights, the surface estate, well infrastructure and the well borehole. It asks for evidence of the applicant’s rights or authority. A company seeking use of your land should explain which of these it also wants to use.

If water is part of the proposal, have the agreement identify the well or supply, the permitted purpose and the company’s responsibility for obtaining any necessary district approval. Ask who would hold the permit, operate the well and keep records. A broad reference to “utilities” should not obscure a request to control a well.

Discuss payment for water separately from payment for the land. Set out who pays for pumping, power, meters, repairs and any additional piping. Ask how your existing supply and access to the well would be protected, and what happens if the proposed supply proves unavailable.

The reviewed rules address meter maintenance and permit renewal. Have the company explain the duties attached to the actual permit and who will carry them out. Settle what happens to equipment and access when the project ends or the agreement changes hands.

If you are selling land with a well, include its records in the transaction review. The district’s buyer notice addresses well registration and disclosure. Have the well and water-right documents reviewed alongside the proposed deed; do not rely on an appraisal entry alone to explain what is being transferred.

Reference: Middle Pecos GCD: application to amend a production permit and ownership addendum · Middle Pecos GCD: rules effective November 18, 2025 · Middle Pecos GCD: December 2024 notice to buyers

Check drainage and connection before committing the layout

The county’s general guidance includes a short statement about federal flood insurance. It does not assess flooding at your property. A July 2026 county notice separately discusses floodplain impacts for a specific waterline replacement project. Neither document establishes whether your proposed battery location or access route is suitable.

Tell the developer where water collects, which roads become difficult after rain and where runoff crosses the property. Ask it to show drainage work on the site drawing and explain whether grading or a new road would affect your retained land or neighboring property.

A water supply discussion is also separate from the battery’s electrical connection. Ask where the project would connect, what studies and agreements are still needed and whether the route requires land outside the proposed equipment area.

Use those unresolved items when discussing the option period and extensions. Decide how much land the company can hold while it studies the proposal, what it pays during that time and how additional routes or changed plans would be brought back to you. No project listing or nearby equipment guarantees a workable connection on your tract.

Reference: Pecos County: rules, regulations and department guidance · Pecos County: July 2026 floodplain notice for a waterline project

Send the location and the uses you want to protect

Use the form on this page to send Sunland your contact details and the Pecos County property location. An address, parcel reference or a description using nearby roads can start the conversation. Let us know whether you would consider a lease, sale or only part of the property.

Mention a well, a shared entrance, an existing company agreement or any route you need to retain. If you have well records or an earlier site drawing, describe what is available. You do not need to submit a district application or arrange new studies before contacting us.

We can then discuss what would need to be checked for a potential proposal. Sending your information does not authorize entry, commit your water supply or grant an option or lease. Those permissions and terms would be addressed separately.

Reference: Pecos County: rules, regulations and department guidance · Middle Pecos Groundwater Conservation District: well forms