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The Shared Well Agreement form serves as a crucial document for property owners who wish to collaboratively utilize a single well for water supply. It outlines the roles and responsibilities of both the supplying party, who owns the well, and the supplied party, who benefits from its use. The agreement specifies the properties involved, known as Parcel 1 and Parcel 2, and includes detailed legal descriptions of these parcels. The document ensures that both parties can access water for domestic use while establishing financial obligations, such as annual fees and shared maintenance costs. Furthermore, it addresses the rights to repair and maintain the water distribution system, as well as the protocols for emergency situations. By clearly defining easements necessary for the construction and upkeep of the well and its infrastructure, the agreement protects the interests of all parties involved. Importantly, it also includes provisions for what happens in the event of contamination or the discovery of alternative water sources, ensuring that all parties are aware of their rights and obligations. This comprehensive approach facilitates a harmonious relationship between neighbors while safeguarding their access to essential water resources.
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Documents used along the form
The Shared Well Agreement is an important document that outlines the rights and responsibilities of parties sharing a well system. Along with this agreement, several other forms and documents are commonly used to ensure clarity and legal compliance. Below is a list of these related documents, each serving a unique purpose in the context of shared water resources.
- Water Quality Testing Report: This report provides evidence that the water from the well meets safety standards for human consumption. It is essential for ensuring the health and safety of all users relying on the shared water supply.
- Trailer Bill of Sale Form: To ensure a smooth transfer process, consult our comprehensive Trailer Bill of Sale form resources for accurate documentation in trailer transactions.
- Easement Agreement: This document grants permission for access to a portion of land for the installation and maintenance of the water distribution system. It helps define the rights of each party regarding the use of shared spaces.
- Maintenance Agreement: This outlines the responsibilities of each party regarding the upkeep of the well and distribution system. It specifies who is responsible for repairs and regular maintenance tasks, ensuring that all parties are aware of their obligations.
- Termination Notice: Should a party wish to withdraw from the agreement, this document serves as formal notification. It details the process for disconnection from the well system and the responsibilities associated with that disconnection.
- Cost Sharing Agreement: This document details how costs related to the well's operation, maintenance, and repairs will be divided among the parties. It ensures transparency and fairness in financial responsibilities.
- Dispute Resolution Agreement: This outlines the process for resolving any conflicts that may arise between the parties. It typically includes provisions for mediation or arbitration, promoting a peaceful resolution to disputes.
Understanding these documents can help all parties involved in a Shared Well Agreement navigate their rights and responsibilities more effectively. Each document plays a crucial role in fostering cooperation and ensuring the smooth operation of shared water resources.
Form Breakdown
| Fact Name | Fact Description |
|---|---|
| Parties Involved | The agreement involves a supplying party and a supplied party, each owning a separate parcel of land. |
| Parcel Identification | Each party's property is referred to as Parcel 1 and Parcel 2, with specific addresses provided. |
| Water Quality | The water from the well must pass a quality analysis by the state health authority to ensure it is safe for consumption. |
| Usage Rights | Both parties have the right to draw water for domestic use but cannot use it for filling swimming pools. |
| Cost Sharing | The supplied party is responsible for an annual fee and shared maintenance costs, split equally between both parties. |
| Emergency Access | In emergencies, any party can access the other’s parcel to address system failures. |
| Termination Conditions | The agreement can be terminated if the well becomes contaminated or if an alternative water source becomes available. |
| Perpetual Agreement | The agreement is intended to be perpetual, binding on future owners and occupants of the parcels. |
| Dispute Resolution | Any disputes will be resolved through binding arbitration, following the rules of the American Arbitration Association. |
More About Shared Well Agreement
What is a Shared Well Agreement?
A Shared Well Agreement is a legal document that outlines the terms and conditions under which multiple parties can share a well and its water distribution system. This agreement typically involves two parties: the supplying party, who owns the well, and the supplied party, who receives water from the well. The document details the rights and responsibilities of each party regarding the use, maintenance, and costs associated with the well and water system. It ensures that both parties understand their obligations and helps prevent disputes in the future.
What are the key components of a Shared Well Agreement?
Key components of a Shared Well Agreement include the identification of the properties involved, the rights to draw water from the well, the annual fees for water usage, and the sharing of maintenance costs. The agreement also specifies the responsibilities of each party regarding repairs and maintenance of the water distribution system. Additionally, it outlines the process for terminating the agreement and the conditions under which the rights and obligations of the parties may cease. This clarity helps protect the interests of both parties.
How are costs shared in a Shared Well Agreement?
Costs associated with the operation and maintenance of the well and water distribution system are typically shared equally between the parties involved. Each party is responsible for paying half of any necessary expenses, which may include electricity for pumping, repairs, and maintenance. The agreement also specifies that any costs related to removing or replacing site improvements due to maintenance will be borne by the affected parcel owner, except for shared boundary fencing or walls, which will be split equally.
What happens if one party wants to terminate the Shared Well Agreement?
If a party wishes to terminate their participation in the Shared Well Agreement, they must execute and file a written statement of termination at the appropriate county office. Once this is done, the terminated party will no longer have the right to use the well and must disconnect their lateral connection from the system. The costs associated with disconnection will be the responsibility of the owner of the parcel that is terminating the agreement. This process ensures that all parties are aware of their rights and obligations when ending their participation.
Shared Well Agreement: Usage Steps
After completing the Shared Well Agreement form, it will need to be signed and possibly notarized. Make sure all parties involved have reviewed the information for accuracy before finalizing the document.
- Write the day and month at the top of the form where indicated.
- Fill in the names of the supplying party and the supplied party in the designated spaces.
- Provide the street address, city, county, state, and zip code for both parties.
- Enter the street address, city, county, state, and zip code for Parcel 1.
- Include the legal description of Parcel 1 in the specified area.
- Enter the street address, city, county, state, and zip code for Parcel 2.
- Include the legal description of Parcel 2 in the specified area.
- Fill in the annual fee amount to be paid by the supplied party in the appropriate section.
- Indicate the amount to be paid upon execution of the agreement for the current year.
- Complete the section regarding the proportionate share of expenses for operation and maintenance.
- Specify any easements required for the construction and maintenance of the well and water distribution system.
- Fill in the deadline for monthly energy cost payments.
- Note the number of days after which the supplying party can terminate water supply if payments are overdue.
- Sign and date the form at the bottom where indicated.
- If required, have the agreement notarized according to your state’s regulations.