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Content Overview

The Shared Well Agreement form is an essential document for property owners who wish to collaboratively utilize a single well for their water supply. This agreement outlines the responsibilities and rights of both the supplying party and the supplied party, ensuring that all parties have a clear understanding of their obligations. It begins by identifying the properties involved, referred to as Parcel 1 and Parcel 2, and establishes the necessity of a well system to service these parcels. The form details how water will be drawn from the well, with specific exclusions for uses such as filling swimming pools. It also addresses the financial aspects, including annual fees and shared expenses for maintenance and operation, emphasizing the importance of equitable cost-sharing between the parties. Additionally, the agreement outlines procedures for repairs, emergency access, and the implications of contamination or the availability of alternative water sources. By signing this document, both parties commit to maintaining the well and water distribution system, fostering a cooperative relationship that benefits current and future occupants of the properties involved.

Key takeaways

When filling out and using the Shared Well Agreement form, consider the following key takeaways:

  • Identify the Parties: Clearly list the supplying party and the supplied party, including their full names and addresses.
  • Property Descriptions: Provide detailed legal descriptions of both Parcel 1 and Parcel 2 to avoid confusion.
  • Water Use Rights: Understand that both parties have the right to draw water for domestic use, but not for filling swimming pools.
  • Annual Fees: The supplied party must pay an annual fee for water usage, with specific deadlines for payment.
  • Shared Expenses: Both parties are responsible for half of the maintenance and operation costs of the well and water distribution system.
  • Emergency Access: Each party has the right to access the other’s property in case of an emergency related to the water system.
  • Termination Conditions: The agreement can be terminated if the well becomes contaminated or if another water source becomes available.
  • Written Termination: To end participation in the agreement, a written statement must be filed with the appropriate county office.
  • Dispute Resolution: Any disputes must be resolved through binding arbitration, following specific rules set by the American Arbitration Association.

Guide to Writing Shared Well Agreement

Filling out the Shared Well Agreement form is an important step for parties involved in sharing a well system. This document outlines the rights and responsibilities of each party regarding the use and maintenance of the well. Once completed, the agreement will need to be signed and possibly notarized to ensure it is legally binding.

  1. Begin by entering the date at the top of the form where it states “____day of __________.”
  2. In the first blank, write the name of the supplying party, followed by their full address in the designated space.
  3. Next, fill in the name of the supplied party and their complete address in the appropriate section.
  4. For Parcel 1, provide the street address and legal description of the property owned by the supplying party.
  5. For Parcel 2, similarly, enter the street address and legal description of the property owned by the supplied party.
  6. Specify the annual fee for the use of the well and water distribution system in the designated space, including the amount for the current year.
  7. Indicate how expenses for operation and maintenance will be shared, noting that each party will pay half.
  8. Detail any necessary easements for the construction and maintenance of the well and water distribution system.
  9. Fill in the date by which the supplied party must pay their share of energy costs each month.
  10. Provide the number of days allowed for payment before water supply may be terminated due to non-payment.
  11. Include a description of any easements that may be necessary for the well's operation.
  12. Sign and date the agreement at the bottom, ensuring all parties involved do the same.
  13. Consider having the document notarized to add an extra layer of legal validity.
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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

The Shared Well Agreement form is often accompanied by several other documents that serve to clarify the rights and responsibilities of the parties involved in a shared well system. Each of these documents plays a crucial role in ensuring that all parties are aware of their obligations and the operational aspects of the shared water system. Below is a list of related forms and documents frequently used alongside the Shared Well Agreement.

  • Water Quality Report: This document provides the results of water quality tests conducted by a certified laboratory. It confirms that the water from the well meets safety standards for human consumption, ensuring that all parties are informed about the quality of the water they will be using.
  • Maintenance Agreement: This agreement outlines the specific responsibilities of each party regarding the upkeep of the well and the water distribution system. It details how maintenance tasks will be scheduled and who will bear the costs associated with these tasks.
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  • Easement Agreement: This document grants the necessary access rights to the parties involved for the construction, maintenance, and operation of the well and related infrastructure. It specifies the locations and dimensions of the easements required for these purposes.
  • Cost Sharing Agreement: This agreement delineates how costs related to the operation and maintenance of the well will be shared among the parties. It includes details about payment schedules and the method for calculating each party's share of expenses.
  • Termination Notice: This form is used when a party wishes to formally withdraw from the Shared Well Agreement. It outlines the process for termination, including any necessary disconnection from the water system and the responsibilities of the withdrawing party.
  • Dispute Resolution Agreement: This document establishes the procedures for resolving conflicts that may arise under the Shared Well Agreement. It typically includes provisions for mediation or arbitration, ensuring that disputes are handled efficiently and fairly.

These documents collectively enhance the understanding and management of shared water resources among property owners. They help ensure that all parties are aligned in their expectations and responsibilities, thereby minimizing potential conflicts and promoting effective cooperation.