Shared Well Water Agreement at a glance
What it is: The Shared Well Water Agreement: an Agreement has been reached relative to supplying water from the well and sharing the cost of supplying said water.
Notary: The acknowledgment before a notary public, the form of which will vary by state.
A filled-in Shared Well Water Agreement example: a well owner and a neighbor
How to fill out Shared Well Water Agreement, box by box
Day of, by and between the supplying party and the supplied party
This Agreement, made and entered into this ____day of __________ by and between the supplying party, who resides at the street address, city, county, state, zip code, and the supplied party, who resides at the street address, city, county, state, zip code.
Parcel 1 of the supplying party
The supplying party is the owner of property located at the street address, city, county, state, zip code, which property is hereafter referred to as Parcel 1. In the described as follows box, write the Legal Description of Property.
There is located a well upon the property of supplying party, together with water distribution facilities, for the purpose of supplying water to all properties connected to the said water distribution system.
Parcel 2 of the supplied party
The supplied party is the owner of property located at the street address, city, county, state, zip code, which property is hereafter referred to as Parcel 2. In the described as follows box, write the Legal Description of Property of Parcel 2.
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 1 and 2.
The health authority
Enter the State: the water from the well has undergone a water quality analysis from the State of ___________ health authority.
The annual fee
The owners or residents of the dwellings located on Parcels 2 shall pay to the supplying party an annual fee for this use of the well and water distribution system in the amount of $_____________ on or before the 15th of January each year, with the exception of this year whereby the amount shall be $____________ and paid on the execution of this Agreement.
The supplied party shall pay to the supplying party his 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.
The energy payment and unpaid days
Enter the day by which the payment for energy cost shall be made, not later than the _________day of each succeeding month. In the event that any such payment remains unpaid for a period of ____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.
Easements
Under to wit, describe easements, if any: each of the parties to this Agreement does hereby grant to the other such easements over, across and through the respective parcels as 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.
Termination of participation
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 where deeds in your state are recorded, in the county and state you enter.
Witness our signatures this the day of
Sign on the ____ day of __________, 20____.
Signatures
Sign.
More rules for Shared Well Water Agreement
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.
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.
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
Common questions about Shared Well Water Agreement
Who is responsible for a shared well?
Each respective share of expenses for the operation and maintenance of the well and water distribution system is determined by dividing the amount of each expense by two; shared expenses include the cost of electricity for pumping, repairs and maintenance. Each of the parties hereby agrees that they will promptly repair, maintain and replace all water pipes or mains serving their respective dwellings.
Sources
[1] Shared Well Water Agreement, the served form (no issuer file; a generic template) (the Official source link on this page).
