[10] See Idaho Department of Environmental Quality, www.deq.idaho.gov/water-quality/ground-water/private-wells.aspx (last visited June 13, 2017). The agreement you sign with your neighbours must ensure that the system is maintained according to these standards. A shared well is a well that provides water to more than one property, usually so that the cost of installation and maintenance can be shared. We are told that some believe that a steady flow of water resulting from the use by more than one property (up to a certain point where too much water is drained) can improve the quality of the water to be extracted. Once the agreement has identified the parties, characteristics and purpose of the agreement, it is necessary to indicate who is responsible for the costs of installation, operation and maintenance of the well. Water users should be held jointly and severally liable for the authorised use and maintenance of wells. Taking the time to determine how the parties will share the costs of maintaining, repairing, upgrading and replacing well equipment, including when these costs will be paid, can help avoid disputes between the parties and subsequent owners. A joint well agreement regulates the use, management and maintenance of a water supply shared by two or more households. If you get your water from the same well as your neighbor – not from the municipal supply – you need an agreement to ensure that the responsibility for the supply is shared fairly. To avoid confusion, the parties must clearly state their purpose for a shared well agreement, which is usually a transfer of ownership of water. The parties should determine whether their use will be continuous, periodic or seasonal. In addition, the provisions of the Agreement should stipulate that the intended use is exclusively domestic or that it includes agricultural or commercial use.

Clearly stating the purpose of the well contract can avoid problems between the current parties and all subsequent owners of land subject to the agreement. We recommend that a formal agreement registered with the state office should always be a good idea with this type of agreement. And like any agreement, it should be formalized before problems arise and while all parties have a good relationship. Most shared well agreements provide that costs are shared equitably by all parties. First, these agreements generally share electricity and other costs equally. Conflicts often arise when one party consumes more water than the others, but each party pays the same amount. To avoid this problem, terms can assign costs to each party based on their use. This approach may require the installation of water meters to measure the water consumption of each property and renegotiate the terms of the agreement. You may want to set a deadline for the agreement or leave it permanent. A well-written shared well agreement is like any other contract. It should provide the parties with a clear understanding of their water and well servitude rights and obligations under the agreement. Ideally, the agreement avoids misunderstandings between the parties due to the absence of ambiguities regarding the definition, use, maintenance and repair of the well.

If the parties register the agreement, future disputes can be avoided. [17] With the right wording, parties considering a shared well agreement can avoid many common problems. Unregistered agreements undermine applicability, as it is unlikely that the owners of their successor properties will be aware of the common well agreement. This was the case in Koelker v. Turnbull. In koelker, the seller issued a warranty deed to the buyer, but did not disclose the existence of a third party interest in the property under an unregistered shared well agreement. [12] When the third parties attempted to exercise their right to water in the buyer`s well, the buyer filed a lawsuit for silent ownership and breach of an express guarantee of ownership by the seller. [13] The buyer obtained a default judgment against the third parties and the seller.

[14] The seller appealed and the court ruled that the seller had breached the express warranty of title and that the measure of the buyer`s prejudice was his attorney`s fees. [15] This agreement is a legal document between two parties on the supply of water to the well and the sharing of supply costs. The supplying party shares the well water with the delivered part, and all costs of repairing the supply system are shared between the parties. The agreement can be used in any U.S. state. Each party to the agreement should do whatever is necessary to ensure a continuous supply of water. If the well becomes unusable due to contamination or insufficient supply, all Parties should share the responsibility and cost of developing a new water source. While most landowners can imagine sharing a well with their current neighbor, few consider sharing a well with someone who is not an original party to the agreement.

A well-written agreement contains provisions for the transfer of an interest in the well to a purchaser of the property served by the well. Most agreements are transferred to the land with the deed, since the right to use the water belongs to the land it serves. [11] Some parties may not want a transferable agreement. Agreements may be concluded for a specific period of time or between specific parties. In any case, the agreement should make it clear whether it is a transferable agreement to the country with ownership and accessories, and under what conditions the alliances and associated status end. The best agreements take into account neighbors who do not get along with each other: the provisions are easy to understand and do not encourage litigation, because the performance of a particular party is clearly indicated in terms of purpose and time of execution with express penalties in case of non-compliance. B e.g. termination of the water supply after appropriate notice. . . .