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Shared Well Agreement Preview

Shared Well Water Agreement

This Agreement, made and entered into this ____day of __________ by and between

_____________________________, who resides at _____________________________

_____________________________ (street address, city, county, state, zip code), hereinafter

referred to as the "supplying party," and _____________________________, who resides at

__________________________________________________________ (street address, city,

county, state, zip code), hereafter referred to as the "supplied party:”

WHEREAS, the supplying party is the owner of property located at

__________________________________________________________ (street address, city,

county, state, zip code), which property is hereafter referred to as “Parcel 1” and is more fully described as follows:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

(Put Legal Description of Property Here)

WHEREAS, the supplied party is the owner of property located at

__________________________________________________________ (street address, city,

county, state, zip code), which property is hereafter referred to as “Parcel 2” and is more fully described as follows:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

(Put Legal Description of Property Here)

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 sharing the cost of supplying said water; and

WHEREAS, there is located a well upon the above described property of supplying party; together with water distribution facilities, hereinafter referred to as "water distribution 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 water from the well has undergone a water quality analysis from the State of

___________ health authority and has been determined by the authority to supply safe for human

consumption; 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 1 and 2, upon the following terms and conditions:

1.That until this Agreement is terminated, as hereinafter provided, the parties hereto (and their heirs, successors and assigns, for the exclusive benefit of the respective parcels of said real estate, and for the exclusive use of the households residing thereon), are hereby granted the right in common with the other parties to this Agreement, to draw water from the well located on Parcel 1 for 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 Parcels 2, as of the date of this Agreement shall:

a.Pay or cause to be paid 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.

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 two, it being understood that the supplying party and the supplied party shall pay an amount equal to one half 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 pre-existing site improvements on an individual

parcel necessary for system operation, maintenance, replacement, improvements, inspection or testing, damaged as a result of repair of the well or water distribution system maintenance will be borne by the owner of the affected parcel, except that costs to remove and replace common boundary fencing or walls damaged as a result of repair shall be shared equally between or among parties so damaged.

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.

6.That 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.

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 ____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.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 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)

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 where deeds in your state are recorded) of the County of ____________ and the state of ____________________. 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 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.

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.

21. Any dispute under this Agreement shall be required to be resolved by binding arbitration

of

the parties hereto. 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.

 

Witness our signatures this the ____ day of __________, 20____.

 

__________________________________________________

(Acknowledgment before a notary public, the form of which will vary by state)

Documents used along the form

A Shared Well Agreement is a crucial document for parties who wish to share a well and its associated water distribution system. However, several other forms and documents often accompany this agreement to ensure clarity and legal compliance. Below are five key documents that are commonly used in conjunction with a Shared Well Agreement.

  • Property Deed: This document establishes ownership of the properties involved in the agreement. It provides essential details about the land, including boundaries and any existing easements that may affect water access.
  • Easement Agreement: This document outlines the rights of each party to access the well and water distribution system. It specifies the extent of the easement, including any limitations on use and maintenance responsibilities.
  • Power of Attorney Form: A Power of Attorney form can also be essential for well users, allowing individuals to designate someone to make decisions regarding the maintenance and management of the well when they are unable to do so themselves. For more information, visit nypdfforms.com/power-of-attorney-form.
  • Water Quality Report: A report from a certified laboratory that tests the well water for safety and quality. This document is vital to ensure that the water is safe for human consumption and meets state health standards.
  • Maintenance Agreement: This document details the responsibilities of each party regarding the upkeep of the well and water distribution system. It outlines the procedures for repairs, costs, and how decisions will be made regarding maintenance activities.
  • Termination Notice: A formal document used to terminate the Shared Well Agreement when one party no longer wishes to participate. This notice must be filed with the appropriate county office and includes details about the disconnection from the well system.

These documents work together to create a comprehensive framework for shared water access, ensuring that all parties understand their rights and responsibilities. Proper documentation helps prevent disputes and promotes a harmonious relationship among neighbors sharing a well.

Similar forms

The Shared Well Agreement form has similarities with several other documents that address shared resources and responsibilities. Here are six documents that share common elements with the Shared Well Agreement:

  • Shared Driveway Agreement: This document outlines the rights and responsibilities of property owners who share a driveway. It specifies maintenance duties, access rights, and cost-sharing, similar to how the Shared Well Agreement addresses water usage and maintenance costs.
  • Co-Ownership Agreement: This agreement is used when two or more parties own a property together. It defines each party's rights, responsibilities, and how expenses are shared, much like the provisions in the Shared Well Agreement for water use and maintenance.
  • Easement Agreement: This document grants one party the right to use a portion of another party's property for a specific purpose. The Shared Well Agreement includes easement provisions for access to the well and water distribution system, highlighting their similarities.
  • Joint Use Agreement: Often used in community settings, this agreement allows multiple parties to share a facility or resource. It details usage rights and maintenance responsibilities, similar to the Shared Well Agreement's terms for water usage and system upkeep.
  • Water Supply Agreement: This document governs the terms under which one party provides water to another. It includes details about payment, quality, and maintenance, paralleling the provisions found in the Shared Well Agreement.

  • Durable Power of Attorney: This form establishes a legal basis for appointing an agent to make important decisions on behalf of an individual, particularly in financial and healthcare matters. For those interested in this protective measure, the necessary form can be found at Durable Power of Attorney.

  • Maintenance Agreement: This agreement specifies how shared property or resources will be maintained and the costs associated with that maintenance. The Shared Well Agreement similarly outlines the responsibilities for maintaining the well and water distribution system.

Misconceptions

  • Misconception 1: The Shared Well Agreement is only for new properties.

    • This is not true. The agreement can be utilized by existing properties as well. It serves to clarify rights and responsibilities for both current and future owners of the parcels involved.

  • Misconception 2: The supplying party is responsible for all costs associated with the well.

    • This is a misunderstanding. Both parties share costs related to the operation and maintenance of the well. The supplied party must contribute to expenses, ensuring a fair distribution of financial responsibilities.

  • Misconception 3: The agreement allows unlimited water use from the well.

    • This is incorrect. The agreement specifies that water drawn from the well is for domestic use only. It explicitly prohibits using the water for filling swimming pools or other non-domestic purposes.

  • Misconception 4: Once signed, the agreement cannot be terminated.

    • This is misleading. The agreement can be terminated under specific conditions. For example, if the well becomes contaminated or if another water source becomes available, the rights and obligations can cease as outlined in the agreement.

  • Misconception 5: All parties must agree on every minor decision regarding the well.

    • This is not entirely accurate. While major expenditures require consent from all parties, each party has the right to address emergency situations independently. This ensures that urgent issues can be resolved without delay.

Understanding Shared Well Agreement

  1. 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 for water supply. It establishes how water will be accessed, how costs will be shared, and the maintenance obligations of each party involved.

  2. Who are the parties involved in the agreement?

    The agreement involves two primary parties: the "supplying party," who owns the well, and the "supplied party," who receives water from the well. Each party must provide their respective property addresses and other identifying information.

  3. What are the main terms of the agreement?

    The main terms include:

    • The right to draw water for domestic use.
    • Annual fees for the use of the well and water distribution system.
    • Shared costs for maintenance and repairs.
    • Provisions for emergency situations.
  4. How are costs determined?

    Costs are typically divided equally between the supplying party and the supplied party. This includes annual fees, maintenance expenses, and energy costs associated with operating the well and water distribution system.

  5. What happens if the well becomes contaminated?

    If the well becomes contaminated or inadequate for the needs of the parties, the rights and obligations under the agreement will terminate. The parties will then have to seek alternative water sources.

  6. Can landscaping be installed near the well?

    No party may install landscaping or improvements that could impair the use of the easements necessary for the well and water distribution system. This is to ensure that access for maintenance and operation remains unobstructed.

  7. What is the process for terminating the agreement?

    To terminate participation in the agreement, a written statement of termination must be executed and filed at the appropriate county office. After termination, the affected party must disconnect from the well system and will no longer have rights to use the well.

  8. How are disputes resolved?

    Disputes under the Shared Well Agreement are resolved through binding arbitration. If the parties cannot agree on an arbitrator, each party selects one, and those two will choose a third arbitrator to resolve the issue.

  9. Is the agreement permanent?

    The term of the Shared Well Agreement is perpetual, except as limited by the conditions outlined in the agreement. This means that the rights and obligations continue until a party formally terminates their participation.