Termination of Shared Well Agreement

Facebook Twitter Linkedin

Most people enter into common good agreements on a permanent basis, but there may come a day when the agreement is no longer necessary or achievable. A well-written agreement contains termination provisions. Often, agreements require one party to notify the other parties thirty to sixty days before their expected termination. The agreement may specify the reasons for the termination, such as the availability of .B a new water source, a change of ownership, insufficient water supply or contamination. Well owners could consider adding a force majeure clause in case they are unable to provide water for reasons beyond their control. They should also stipulate that Parties may not connect other water or waste systems to the common water supply without the written permission of the local health authority. Once water-rich, homeowners are often responsible for their individual water treatment and printing systems for each property. Abstract: This article discusses the important and preferred provisions of joint national agreements governing the supply of drinking water to fewer than 15 supply pipes[1] or fewer than 25 persons or less. [2] These contracts contain provisions on the transportation, maintenance, use and performance of real property that should apply to the country in which the country is served. You must indicate that the contract can only be terminated if each party has found and agrees to another drinking water supply in the agreement. 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 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, retrofitting and replacing well equipment, including the timing of payment of these costs, can help avoid disputes between the parties and subsequent owners.

A well-written shared well agreement is like any other contract. It should provide the parties with a clear understanding of their water and servitude rights on the well and their obligations under the agreement. Ideally, the agreement avoids misunderstandings between the parties by lacking ambiguities regarding the definitions, 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. Most shared well agreements stipulate that costs are borne equally by all parties. The easiest way for the parties to indicate their purpose for the well is to explicitly restrict the well to domestic use only. Idaho exempts domestic use of groundwater from most permit and royalty requirements. [7] Idaho defines domestic use as “water for homes, organizational camps, public campgrounds, livestock, and any other purpose associated with it, including irrigation of half an acre (1/2) of land when total use does not exceed thirteen thousand (13,000) gallons per day.” [8] However, if the landowner uses water for multiple property subdivisions, trailer parks, trades or businesses, it is limited to 2500 gallons per day.

[9] For many landowners, limiting their agreement to domestic use will meet their water needs. If the use of the parties goes beyond the legal definition of domestic use, they must acquire a new right to use water. Writing a well-written shared well agreement will help your customers avoid common pitfalls and costly litigation. A shared well agreement is a contract for the drilling, maintenance and use of a well. As a contract, the basic provisions of the agreement must clearly identify the parties, the land, the well and the water distribution network, the maintenance obligations, the easements and the registered water rights, if any. The parties must be identified by their full legal name exactly as indicated on their deeds. The parcels, wells and easement sites covered by the agreement must be identified using valid legal descriptions and a diagram showing the location of the borehole and distribution system as exhibits. Failure to properly identify and specify the uses and maintenance obligations of the well in the Agreement may result in future misunderstandings and costly litigation. All names, addresses, plot details and contact details of the parties must be included in the agreement.

The details of the land should be noted as they appear in the deed for each of the properties in the agreement. A good deal should clearly define who pays who for regular expenses. The methods vary depending on the number of people who own the well and the form of the agreement. Some people feel comfortable paying a single well owner directly. Often, sophisticated agreements establish a trust fund with a local bank from which the named parties can withdraw funds. The designated party may transfer these funds to the other parties through regular settlements. However, splitting the bill can be difficult if some parties use more water than others. An agreement can mitigate this problem by requiring the installation of individual water and electricity meters for each water connection and charging them according to their actual use. Some well agreements can only operate with a fixed monthly fee, although provisions are needed to allow for a change in fees.

In addition to maintenance and repair costs, private well owners are responsible for ensuring that the water is safe to drink. The Idaho Department of Environmental Quality recommends that well owners test their drinking water at least once a year to make sure it`s safe to drink. Three of the most common contaminants in Idaho are nitrate, total coliforms and arsenic. [10] In order to test their water, the parties may themselves take water samples and have them analyzed by a laboratory or have an environmental consultant take a sample for them. Inclusion in the Agreement of these requirements for water quality testing and frequency of testing […].

This entry was posted in Uncategorized by admin. Bookmark the permalink.

Comments are closed.