Printable Shared Well Agreement Form Open Your Form

Printable Shared Well Agreement Form

The Shared Well Agreement is a legal document that outlines the terms and responsibilities of parties sharing a well water system. This agreement ensures that both the supplying and supplied parties understand their rights and obligations regarding the use and maintenance of the well and water distribution system. By establishing clear guidelines, the agreement promotes cooperation and helps prevent disputes among neighbors.

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Structure

Key takeaways

Filling out and using the Shared Well Agreement form involves several important considerations. Here are key takeaways to keep in mind:

  • Identify the Parties: Clearly state the names and addresses of both the supplying party and the supplied party. Accurate identification is crucial for legal clarity.
  • Property Descriptions: Include detailed legal descriptions of both Parcel 1 and Parcel 2. This ensures that the agreement applies to the correct properties.
  • Water Usage Rights: The agreement grants the right to draw water from the well for domestic use only. Be aware that filling swimming pools is not permitted.
  • Annual Fees: The supplied party must pay an annual fee for the use of the well. Payment deadlines are specified, so it's important to adhere to these timelines.
  • Shared Expenses: Both parties are responsible for half of the expenses related to the operation and maintenance of the well and water distribution system.
  • Emergency Access: In case of an emergency, parties have the right to access the other’s property to address urgent issues affecting the water supply.
  • Termination Procedures: Understand the process for terminating participation in the agreement. A written statement must be filed, and disconnection costs are the responsibility of the terminating party.

What to Know About Shared Well Agreement

What is a Shared Well Agreement?

A Shared Well Agreement is a legal document that outlines the rights and responsibilities of parties who share a well and water distribution system. It specifies how water will be supplied, how costs will be shared, and the maintenance obligations of each party involved. This agreement is essential for ensuring a fair and organized use of the shared water resource.

Who are the parties involved in a Shared Well Agreement?

The parties involved typically include a "supplying party," who owns the property where the well is located, and a "supplied party," who benefits from the water supply. Each party's property is referred to as Parcel 1 and Parcel 2, respectively. Their addresses and legal descriptions are included in the agreement to clearly define the properties involved.

What are the financial responsibilities outlined in the agreement?

The supplied party is required to pay an annual fee for the use of the well and water distribution system. This fee is due by January 15 each year. Additionally, both parties share the costs for the operation and maintenance of the well, which includes expenses like electricity and repairs. Each party is responsible for half of these shared expenses.

What happens if one party wants to terminate their participation in the agreement?

If a party wishes to terminate their participation, they must file a written statement of termination with the local county office where property deeds are recorded. Once terminated, that party loses the right to use the well and must disconnect their property from the water system. The costs for disconnection are the responsibility of the terminating party.

How is maintenance of the well and water distribution system managed?

Both parties are responsible for maintaining their respective water pipes and mains. Any maintenance or repair costs for the well and water distribution system require consent from both parties, except in emergencies. In emergencies, one party can act independently to resolve issues affecting water delivery.

What happens if the well becomes contaminated?

If the well becomes contaminated or is unable to supply adequate water, the rights and obligations of the parties under the agreement will cease. The agreement allows for a reasonable time to transition to a new water source if one becomes available.

How are disputes resolved under the Shared Well Agreement?

Any disputes arising from the agreement must be resolved through binding arbitration. Each party selects an arbitrator, and those arbitrators choose a third to resolve the dispute. This process is governed by the rules of the American Arbitration Association, ensuring a fair and impartial resolution.

Shared Well Agreement - Usage Instruction

Filling out the Shared Well Agreement form is an important step in formalizing the arrangement between the supplying party and the supplied party regarding the shared use of a well. This agreement will outline the rights and responsibilities of both parties, ensuring clarity and cooperation in the future. Here’s how to properly complete the form:

  1. Begin by entering the date at the top of the form, filling in the blank after “this ____ day of __________.”
  2. Next, identify the supplying party. Write the full name and address of the supplying party in the designated spaces.
  3. Then, identify the supplied party. Similarly, write the full name and address of the supplied party in the provided fields.
  4. For the property of the supplying party, fill in the address of Parcel 1 and provide a legal description of the property in the specified area.
  5. For the supplied party’s property, enter the address of Parcel 2 and include its legal description in the designated space.
  6. Review the terms outlined in the agreement. Ensure you understand the rights to draw water and the obligations related to payment and maintenance.
  7. Fill in the annual fee amount in the appropriate space, noting the specific payment due date and any adjustments for the current year.
  8. Indicate the date by which energy costs must be paid each month, and specify the number of days allowed for payment before water supply may be terminated.
  9. Describe any easements necessary for the well and water distribution system in the provided section.
  10. Sign and date the agreement at the bottom, ensuring that all parties involved do the same.
  11. Finally, arrange for the agreement to be notarized as required by your state’s regulations.

Once the form is completed and signed, it should be filed with the appropriate county office, as indicated in the agreement. This will ensure that the agreement is legally recognized and enforceable. It’s important to keep a copy for your records as well.

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