Beattyville & the Gorge Region · Diligence
A Kentucky water well record exists for every well constructed, altered or sealed after July 13, 1984 — and the driller was required to hand a copy to the property owner within thirty days of finishing. On a Lee, Estill or Powell County house on a private well, that one document answers questions a water test cannot.
Does a record exist for the well on the house I am buying?
If the well was drilled, altered or sealed after July 13, 1984, yes — the driller was legally required to create one and to file it.
KRS 223.440(1) requires a certified water well driller to keep a record of each water well constructed, altered or sealed after that date, to furnish a signed copy to the cabinet within thirty days of completion, and to furnish a copy to the property owner within thirty days as well. The current text took effect June 27, 2019.
Two consequences follow for a buyer. First, the record is not optional paperwork a seller may or may not have bothered with — the owner was supposed to receive one. Second, if no record exists anywhere, that is itself information: either the well predates July 1984, or it was put in by someone who was not doing the filing.
What is actually on the record?
Eleven specified items, including depth, casing, static water level, estimated yield, and a sketch locating the well relative to septic drain fields.
KRS 223.440(1) lists them. The ones that change a buyer’s decision are:
- a sketch showing the distance from any road, intersection, septic tank drain fields and permanent structures;
- the depth, diameter and type of casing, and the kind of joint couplings;
- the static water level with reference to the land surface, an estimate of well yield, and the drawdown against water yielded per minute;
- the kind, nature, approximate thickness and water-bearing capacity of each stratum penetrated, with at least one entry per change in rock type;
- the type and amount of disinfectant used and the date of disinfection.
The sketch and the strata log are the two a water sample cannot replace. A clean sample taken on a wet October morning tells you about that morning. The static level, the yield estimate and the drawdown tell you what the well did when it was new, which is the only baseline anyone will ever have.
A water test describes one morning. The driller’s record describes the well. On a rural Kentucky house, those are not the same purchase decision.
Was the well tested and disinfected when it was drilled?
For a potable well it had to be. The driller was responsible for fecal coliform testing and initial disinfection, with written results to both the owner and the cabinet within thirty days.
That duty is KRS 223.440(2): where the well is for potable use, the driller must have it tested for fecal coliform, perform the initial disinfection, and provide the owner and the cabinet “the written results of any and all testing and a written assurance that the well has been properly disinfected.” Subsection (1)(k) adds that a water well driller’s assistant is not authorised to certify records relating to construction, modification, abandonment or testing.
Certification is not a formality either. KRS 223.450 requires every water well driller and driller’s assistant to comply with KRS 223.405 to 223.460 before doing any water-well-related work in Kentucky, “notwithstanding comparable state provisions in states other than Kentucky.” An out-of-state licence does not carry over.
Where do I look for the record if the seller does not have it?
Three places, in this order: the seller’s closing file, the cabinet’s records, and the Kentucky Geological Survey — which the statutes designate as the state repository.
KRS 223.440(3) states plainly that “a copy of the record shall be furnished by the cabinet to the Kentucky Geological Survey.” And KRS 151.035(1) designates the Kentucky Geological Survey as “the Commonwealth’s official repository for all information relating to the occurrence and quality of groundwater,” with subsection (2) requiring agencies that collect groundwater information to transmit it there within ninety days. Subsection (3)(a) names drillers’ logs and well completion reports as among the records to be transmitted. That text has been in force since July 15, 2010.
The Survey publishes a water well record search at the University of Kentucky, which is where to start when the seller has nothing in a folder. A record found there is a copy of the same document the driller filed, not a substitute for it.
How this fits with the septic side of the same lot
They are one question on a rural lot, not two, because the well record’s own sketch locates the well against the drain field.
Our septic repair area post covers the reserve area a lot has to hold back, and the steep-lot septic notes cover what slope does to the available field in Lee and Estill counties. Read either alongside a well record and the sketch becomes the cross-check: if the recorded distance from the drain field is short, or the field has since moved, that is a question for the county health department before closing, not after. For the parcel’s own paper trail, the PVA record is the other document worth pulling before a tour.
How I ask for it
Working practice, not legal advice. I ask for the well record by name and by date rather than asking whether the well is “good,” because the first question has a documentary answer and the second does not. The request goes out with the inspection request, not after it, since a well that turns out to predate July 1984 changes what the inspection is for — with no record and no strata log, the only evidence available is what the pump does during the inspection and what the water test says that week. I also treat a missing record as a neutral fact to be stated rather than a defect to be argued: plenty of good wells in this part of Kentucky were put in by people who never filed anything. What matters is that the buyer knows which situation they are in before they are the owner, because after closing the statute’s thirty-day delivery duty is years in the past and nobody is required to produce anything.
How old can a well be and still have a record?
The record requirement in KRS 223.440(1) applies to wells constructed, altered or sealed after July 13, 1984. An older well may have no record unless it was later altered or sealed.
Who is supposed to have a copy?
Three parties: the cabinet, within thirty days of completion; the property owner, within thirty days of completion; and the Kentucky Geological Survey, to which KRS 223.440(3) requires the cabinet to furnish a copy.
Does a passing water test make the record unnecessary?
No. A test reports water quality on the day it was drawn. The record reports construction, casing, static level, yield, drawdown and the strata the well passes through — none of which a sample measures.
Last updated: October 28, 2026
By Marcos Gil, REALTOR ® — Keller Williams Commonwealth · KY Real Estate License No. 296259 · Call or text (859) 310-1209. Beattyville, Kentucky.





