Arizona Shared Well Water Agreement

State:
Multi-State
Control #:
US-00589BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is an agreement between two landowners to share a well located on one of the landowner's property.

The Arizona Shared Well Water Agreement is a legally binding contract established between multiple parties to share and manage the use of groundwater from a shared well in the state of Arizona. This agreement helps ensure the fair distribution and sustainable management of water resources among individuals or entities who rely on the same well for their water needs. In Arizona, there are primarily two types of shared well water agreements: the Simple Shared Well Agreement and the Complex Shared Well Agreement. 1. Simple Shared Well Agreement: This type of agreement is typically used when a few parties share a well and have relatively straightforward water usage requirements. It outlines the terms and conditions for water usage, responsibilities for maintenance and repairs, and the sharing of associated costs. 2. Complex Shared Well Agreement: This agreement is more commonly used when a larger number of parties are involved, and when the well's usage is more extensive and complex. It takes into account factors such as water allocation, priority rights, well operation protocols, and conditions for additional drilling or development of the well. In both types of agreements, various essential elements are typically included, such as the identification of the parties involved, the well's location, the specific rights and obligations of each party, the method of water allocation, guidelines for resolving disputes, and any necessary provisions for changes or modifications to the agreement. Parties entering into an Arizona Shared Well Water Agreement should be aware of the state's water laws and regulations, including the requirement for a permit to access groundwater. It is also crucial to consider the long-term sustainability of the shared well, as excessive water extraction from shared wells can cause depletion and negatively impact neighboring groundwater resources. By establishing a comprehensive and mutually beneficial Shared Well Water Agreement, parties in Arizona can ensure the responsible and equitable use of groundwater, promoting sustainable water management and minimizing conflicts over water usage.

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FAQ

The Pros of a Shared Well Additionally, the ability to share the cost of Well or Well Pump Repair Expenses and other related expenses such as water testing can be quite attractive. Also, in some cases, a property may need to undergo significant modification just to allow drilling of a new well.

Because shared wells serve two to four households, the rate of wear they experience will be much greater, resulting in the need for more frequent repairs and maintenance. Homeowners who share the benefits of the well should also share in the cost to fix it, maintain it, or replace it.

PUBLIC WATER CODE This doctrine is based on the tenet of ?first in time, first in right? which means the person who first puts the water to a beneficial use acquires a right that is senior to later appropriators of the water.

Type 2 rights are the most flexible because they may be sold separately from the land or well. In addition, the owner of a Type 2 right may, with ADWR approval, withdraw groundwater from a new location within the same AMA.

Well share agreements are private contracts executed by private parties to govern the manner in which a well provides water to multiple properties. While Arizona water law governs how a well is to be drilled and located, it does not govern the operation or management of a well share agreement.

Elements in a Shared Well Agreement o must be capable of providing at least three gallons per minute for existing wells and five gallons per minute for new construction over a continuous four-hour period.

Since Arizona classifies most shared wells as ?exempt? wells, which means they are unregulated by the state, homeowners on shared wells are responsible for the management of their water supply. Shared well agreements are appropriate to serve up to 14 service connections or up to 24 residents in an area.

Change of Well Ownership. Complete ONLY if you are the owner (or authorized representative) of the parcel where the well is located. There will be a $30.00 fee. Note: Title Companies do not have proper payment authorization to pay online.

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No. Well share agreements are private contracts executed by private parties to govern the manner in which a well provides water to multiple properties. While ... A properly written agreement should be tailored specifically for the well that is being shared, with easements described for the people and homes who must have ...A shared well agreement is a civil matter between the private parties agreeing to share the well. The Department does not regulate shared well agreements and ... Aug 15, 2016 — How do I form a legal shared well agreement between four adjoining residential property owners in Arizona? Shared well agreements may provide a reduction to property line setback requirements as stated in the Arizona Aquifer Protection Permit Rule, R18-9-A312C. Start by gathering all the necessary information and documentation related to the shared well, such as the well's location, the names and contact information of ... Jun 2, 2022 — Well share agreements should define a legal right to groundwater from a registered well. A well share agreement is a legal contract between two ... The application will request information to quickly submit the segment WHEREAS the water from the well, WHEREAS the parties hereto desire, NOW THEREFORE in ... Shared Well Agreement Arizona. Check out how easy it is to complete and eSign documents online using fillable templates and a powerful editor. The following form is an agreement between two landowners to share a well located on one of the landowner's property. Free preview Well Share Agreement Arizona.

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Arizona Shared Well Water Agreement