How To Enforce A Well Agreement

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After the agreement has identified the parties, properties and purpose of the agreement, it must indicate who is responsible for the costs of installing, operating and maintaining the well. Water users should be jointly responsible for the authorized use and maintenance of wells. Taking the time to specify how the parties will allocate the costs of maintaining, repairing, upgrading and replacing well equipment, including the date of payment of these costs, can help avoid disputes between the parties and subsequent owners. Summary: This article discusses the important and privileged provisions of shared national agreements that govern drinking water services for less than 15 service lines[1] or less than 25 people or less. [2] These contracts include provisions relating to the transportation, maintenance, use and execution of real estate, which should be applicable to the country with the land served. Special termination provisions guarantee ongoing services even in the event of termination of certain services and usage obligations. In many rural Arizona, it is not uncommon for one or more parcels to share a single water well and water system. The management and maintenance of a common water system requires the time and attention of all concerned. Disputes over the contribution of each parcel owner to the maintenance of the well and water system and the amount of water each package can use are common and can lead to chaotic and costly litigation, as well as bad feelings among neighbours. This is why it is important for landowners sharing a well and water system to enter into a legally binding agreement that clearly defines the rights and responsibilities of each party. These types of agreements are referred to as community-based agreements or joint agreements with wells.

These agreements are essential for any property that shares a well with surrounding parcels. Most people enter into sharing agreements, but a day may come when the agreement is no longer necessary or achievable. A well-written agreement has termination clauses. Agreements often require one party to inform the other parties thirty to sixty days before their expected termination. The agreement may indicate the reasons for termination, for example, the availability of a new water source. B a change in the ownership of parcels, insufficient water supply or contamination. Well owners may consider adding a force majeure clause if they are no longer able to provide water for reasons beyond their control.

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