At the heart of rural or suburban communities where municipal water is not an option, the collaboration between neighbors over water resources becomes pivotal, as is evidenced by formal agreements like the Shared Well Water Agreement from Wisconsin. This document sets the stage for mutual obligations in the sharing of a water source, intricately detailing the responsibilities of all parties involved, essentially the supplying party and the supplied party. The essence of such an agreement encompasses the establishment of a reliable, shared water distribution system, ensuring all connected properties receive an adequate supply of water for domestic consumption. This document also delineates the financial responsibilities, requiring contributions toward operation, maintenance, and potential repair costs, making clear the significance of cooperation for the communal benefit. It meticulously outlines the conditions under which the well water is to be used, emphasizes the importance of water quality standards, and provides mechanisms for conflict resolution and the amending of terms. Furthermore, it addresses the permanent nature of these covenants, emphasizing their binding effect on current and future property owners, thereby underscoring the legal foresight necessary for ensuring continuous and satisfactory access to one of life's most essential resources.
| Question | Answer |
|---|---|
| Form Name | Form Well Agreement |
| Form Length | 7 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min 45 sec |
| Other names | form well agreement online, shared well agreement, shared well without agreement, shared well agreement wisconsin |
Wisconsin Supplement to
Appendix 7
Chapter 5
Exhibit 3
SHARED WELL WATER AGREEMENT1
(Based on HUD Model)
This Agreement, made and entered into this ________________ day of __________ by
and between _____________________________, party of the first part, hereinafter referred to as
the "supplying party", and ___________________________, party of the second part, an
approved United States of America, Rural Housing Services, mortgagor, and hereinafter referred to as the "supplied party":
WITNESSETH:
THAT WHEREAS, the supplying party is now the owner of property known as
________________________________________ (Parcel 1)2, located in the County of
________________, State of Wisconsin, which property is more fully described as follows, to
wit:
and
WHEREAS, the supplied party is the owner of _________________________________
(Parcel 2)2, located in the County of ________________, State of Wisconsin, which property is
more fully described as follows, to wit:
and
WHEREAS, the undersigned parties deem it necessary to provide a well system to service the parcels described herein, and an Agreement has been reached relative to supplying water from the well and the cost of supplying said water; and
WHEREAS, there is located a well upon _______________________________(Parcel
1)2, together with water distribution facilities, hereinafter referred to as "water distribution
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Chapter 5
Exhibit 3
system", for the purpose of supplying water to all properties connected to the said water distribution system; and
WHEREAS, it is the intention and purpose of the undersigned parties that the well and water distribution system shall be used and operated to provide an adequate supply of water for each of the properties connected thereto, for the domestic consumption of the occupants of said properties, and to assure the continuous and satisfactory operation and maintenance of the well and water distribution system for the benefit of the present and future owners, their heirs, successors and assigns of the properties connected thereto; and
WHEREAS, the said well is deemed by the parties hereto to be of adequate capacity to supply a single family dwelling on each of the parcels described herein with water from the well for all domestic uses of a single family residing therein; and
WHEREAS, the United States of America, Rural Housing Services, will not finance or guarantee mortgage loans covering the separate properties and improvements thereon unless proper assurance is given by the parties as demonstrated by execution of this Agreement, that the water distribution system will have a continuous and satisfactory operation in accordance with the terms of this Agreement; and
WHEREAS, the water from the well has undergone a water quality analysis from the State of Wisconsin health authority and has been determined by the authority to supply safe and potable water; and
WHEREAS, the parties hereto desire to enter this Agreement for the purpose of reducing to writing their respective rights and obligations pertaining to said well and water distribution system.
NOW THEREFORE, in consideration of the promises and covenants herein contained, it is agreed that the well and water distribution system situated on
___________________________ (Parcel 1) shall be used by the parties to this Agreement, as
well as by all future owners and occupants of said parcels, upon the following terms and conditions:
1.That until this Agreement is terminated, as hereinafter provided, the parties hereto, their heirs, successors and assigns, for the exclusive benefit of the respective parcels of real estate, and for the exclusive use of the household residing thereon, are hereby granted the right in common with the other parties to this Agreement, to draw water from the well located on ______________________________________ for quotidian domestic use excluding the right to draw water to fill swimming pools of any type.
2.That the owners or residents of the dwellings located on ____________________
(Parcel 2)3, as of the date of this Agreement shall:
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Chapter 5
Exhibit 3
a.Pay or cause to be paid to the supplying party, an annual fee for this use of the well and water distribution system;4
b.Pay or cause to be paid promptly, a proportionate share of all expenses for the operation and maintenance of the well and water distribution system that may
become necessary. Each respective share shall be determined by dividing the amount of each expense by two5 , it being understood that the supplying party and the supplied party shall pay an amount equal to one half5 of the total of such necessary repair or replacement. Shared expenses include the cost of electricity for pumping, repairs and maintenance on said well and water distribution system.
3.That the cost of any removal or replacement of
4.That each of the parties hereby agrees that they will promptly repair, maintain and replace all water pipes or mains serving their respective dwellings.
5.That the consent of all parties to pay a proportionate share of costs shall be obtained prior to embarking upon expenditures for system maintenance, replacement or improvement, except in emergency situations. An arbitrator shall be chosen by the
parties; shall be consulted in the event the parties cannot agree regarding the said expenditures; and the arbitrator's decision shall be definitive.9
6.That the supplied party shall pay to the supplying party6 his7 proportionate share for the cost of energy for the operation of the pumping equipment. This cost shall be determined by a separate meter upon each dwelling and for each parcel.
7.That it is the agreement of the parties hereto that the payment for energy cost shall be made not later than the _________day of each succeeding month during the term of this Agreement. In the event that any such payment remains unpaid for a period of 20
days, the supplying party may terminate the supply of water to the supplied party until all arrearages in payment are received by the supplying party.8
8.That it is the agreement of the parties that they shall permit a third party to cure a default of payment or other obligation and shall permit water distribution service to be reinstated upon such curative action.
9.That each of the parties to this Agreement does hereby grant to the other, his heirs, successors and assigns, such easements over, across and through the respective parcels as
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shall be reasonably necessary for the construction of the well, maintenance of water pipes, pumping equipment, mains, electrical wiring and conduit consistent with the purposes of this Agreement. These easements are described below, to wit: (Describe easements, if any and cite Warranty Deed)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________
10.That no party may install landscaping or improvements that will impair the use of said easements.
11.That each party shall have the right to act to correct an emergency situation and shall have access to the pertinent parcel in the absence of the other. An emergency situation shall be defined as the failure of any shared portion of the system to deliver water upon demand.
12.That only those parcels of real estate hereinabove described and the dwellings located thereon shall be permitted to receive water from said well and pumping equipment; and each of the parties hereto does hereby covenant and agree that he/she will not allow or permit other persons, other than household guests, to take, draw, use or receive water from the well, nor permit other persons to connect to the pipes or mains serving his/her respective parcel.
13.That in the event the referenced well shall become contaminated and shall no longer supply water suitable for domestic consumption, or shall no longer supply water adequate for the needs of all relevant parties, or in the event that another source of water shall become available to the respective parcels, then the rights and obligations of the parties created by this Agreement shall cease and terminate in accordance with the terms and conditions hereinafter described.
14.That upon the availability of such other source of water, it is contemplated that a reasonable time shall be allowed to effectuate the necessary connections to the new source.
15.That the respective rights and obligations of the parties shall continue until the parties who wish to terminate their participation in the Well Agreement have executed and filed a written statement of termination at the Office of the Register of Deeds of the County of ________________, State of Wisconsin. Upon termination of participation in this Agreement, the owner and occupant of each residence which is terminated from the Agreement shall have no further right to the use of the well. The terminated parties shall disconnect their respective lateral connection from said well system and shall have no
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further obligation to pay or collect for maintenance and related expenses incurred thereafter. The costs of disconnection from the well and water system shall be borne by the owner of the pertinent parcel.
16.That the undersigned parties shall permit periodic well water sampling and testing by a responsible authority at the request of an undersigned party, mortgagee or the United States of America, Rural Housing Services.
17.That the said well and this Agreement, if amended, shall serve no more than four single family dwelling units or four parcels, notwithstanding the ability of the parties to make other amendments to this Agreement.
18.That the parties may amend this Agreement to assure equitable distribution of shared costs and responsibilities; however, this Agreement may not be amended during the term of a
19.That the term of this Agreement shall be perpetual, except as herein limited.
20.That the benefits and burdens of this Agreement shall constitute a covenant running with the parcels of land herein described and shall be binding upon the heirs, successors in title and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first above written.
BY__________________________________
DATE_______________________________
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BY__________________________________ |
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DATE_______________________________ |
County of |
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State of |
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Sworn and subscribed before me this _________day of __________________________.
__________________________________
Notary Public
My commission expires:___________________________.
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FOOTNOTES
1.This Well Agreement is written for two parties, viz. a "supplying party" and a "supplied party"; however, the language, where appropriate, may be adjusted to encompass up to four parties, one of whom would be the supplying party. The same format is to be used for legal descriptions for additional parcels. The parties may elect to choose a trustee to receive payments and manage the maintenance and satisfactory operation of the well and water distribution system.
2.The terms "Parcel 1" and "Parcel 2" are used herein for convenience; any accurate description of the relevant land may be used in this Agreement.
3.In accordance with Footnote 1, if there are more than two parcels, the following language may be substituted:
"That the owners or residents of the dwellings located on said parcels, as of the date of this Agreement, shall..."
4.This Well Agreement need not necessarily require an annual fee. If the parties agree not to charge an annual fee, then the language of "a" may be eliminated.
5.If there are more than two parcels, expenses should be divided by the number of parties to the Agreement. The following language may be substituted:
"Each respective share shall be determined by dividing the amount of each expense by
_______, the number of parties to the Agreement."
6.The following language may be substituted if there are more than two parties:
"That the undersigned supplied parties shall pay to the supplying party (or Trustee) their respective proportionate shares for the cost of energy for the operation of the pumping equipment..."
7.The use of all personal pronouns, possessive adjectives and referents comprehends both genders, and intends not to exclude the female gender from its purview.
8.The following language may be substituted if there are more than two parties to the Agreement:
"In the event that any such payment remains unpaid for a period of 20 days, the supplying party may terminate the supply of water to the supplied party owing him a payment until all arrearages in his payments are received by the supplying party."
9.The decision whether to select and employ an arbitrator shall be optional, and according to the mutual preferences of the parties.
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