Blank Shared Well Agreement Form

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

• Identify the Parties: Clearly list the names and addresses of both the supplying party and the supplied party to establish who is involved in the agreement.
• Property Descriptions: Provide detailed legal descriptions of both Parcel 1 and Parcel 2 to avoid confusion about the properties involved.
• Water Rights: Understand that both parties have the right to draw water from the well for domestic use, but not for filling swimming pools.
• Annual Fees: The supplied party must pay an annual fee for water usage, with the first payment due upon signing the agreement.
• Shared Expenses: Both parties will share the costs of maintenance and operation of the well and water distribution system equally.
• Repair Responsibilities: Each party is responsible for the maintenance and repair of water pipes serving their respective properties.
• Easements: Grant necessary easements for maintenance and construction related to the well and water distribution system.
• Emergency Access: In emergencies, parties can access each other's properties to address issues with the water system.
• Termination Conditions: The agreement can be terminated if the well becomes contaminated or if a new water source becomes available.
• Dispute Resolution: Any disputes arising from the agreement will be resolved through binding arbitration, ensuring a fair process for both parties.

Filling out the Shared Well Agreement form can be straightforward, but there are common mistakes that can lead to complications. One frequent error is failing to provide complete addresses for both parties. Each party must include their full street address, city, county, state, and zip code. Missing any part of this information can cause delays in processing the agreement.

Another common mistake is neglecting to include the legal descriptions of the properties involved. This section is crucial as it identifies the parcels connected to the well system. Without accurate legal descriptions, the agreement may not be enforceable, leading to potential disputes in the future.

Many people also overlook the importance of clearly defining the payment terms. It is essential to specify the annual fee amount and the due date. Failing to do so can result in misunderstandings about financial obligations, which may strain relationships between the parties involved.

Another mistake is not addressing the shared expenses for maintenance and operation of the water distribution system. Each party should understand their responsibility for costs related to repairs, electricity, and other expenses. If these details are vague or omitted, disputes may arise regarding who is responsible for what costs.

Additionally, not obtaining consent for expenditures can lead to issues. All parties must agree on any costs incurred for maintenance or improvements, except in emergencies. If consent is not documented, one party may feel unfairly burdened by unexpected expenses.

Some individuals forget to define emergency situations clearly. The agreement should specify what constitutes an emergency and the actions that can be taken without prior consent. Ambiguity in this area can lead to confusion and potential delays in addressing urgent issues.

Another common oversight is failing to detail the easements necessary for the construction and maintenance of the well system. Clear descriptions of these easements are vital for ensuring that all parties understand their rights and responsibilities regarding access to the property.

Lastly, parties often neglect to include a termination clause. This section should outline how parties can exit the agreement and what steps must be taken. Without this information, individuals may find themselves stuck in an agreement longer than they intended.

Misconceptions about the Shared Well Agreement

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

This is incorrect. Even if the properties are established, a Shared Well Agreement is essential whenever multiple parties intend to share a well. It outlines rights and responsibilities, ensuring clarity for both current and future owners.

• Misconception 2: All parties can use the well water for any purpose.

This is misleading. The Agreement specifies that water is for domestic use only, excluding activities like filling swimming pools. This limitation protects the water supply and ensures fair usage among all parties involved.

• Misconception 3: Only the supplying party is responsible for maintenance costs.

This is not true. Both parties share the costs of maintenance and operation equally. Each party is obligated to pay their proportionate share, which promotes cooperation and accountability.

• Misconception 4: Terminating the Agreement is simple and does not require formal procedures.

This is a misconception. Termination requires a written statement filed with the appropriate county office. Without following this procedure, parties cannot simply disconnect from the Agreement, which can lead to complications.

When filling out the Shared Well Agreement form, it's essential to approach the task with care. Here are four things you should and shouldn't do:

• Do ensure that all names and addresses are accurate and complete. Missing or incorrect information can lead to disputes down the line.
• Don't leave any sections blank. Every part of the form should be filled out to avoid confusion and ensure clarity.
• Do review the legal descriptions of both parcels thoroughly. This information is crucial for defining the properties involved in the agreement.
• Don't rush through the process. Take your time to understand each section and its implications to avoid potential issues in the future.