Texas 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.
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FAQ

A shared well agreement is a legal document that is used to create an agreement between two or more property owners who share access to a common well. This agreement outlines the rights and responsibilities of each party involved in the shared 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.

There is the required maintenance and upgrades over time. At times of such change, clients become more vulnerable to cost increases and having to deal with individuals who were possibly not initially in the original agreement. Shared wells also have an expectation of access to water. Things can get complicated.

Yes, shared water wells are legal in Texas, but you need to be very careful here. ing to the TCEQ, the Texas Commission on Environmental Quality, a shared water well can service up to 25 people or 15 service connections.

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.

Private, or individual, water systems are composed of private ground water residential wells, cisterns, and larger private water systems that serve more than one residence. Private ground water wells usually supply water to an individual residence.

As long as the well has adequate water to service both properties and there is written agreement guaranteeing the water, then my experience is that it does not impact marketablity or value.

The definition of a Shared Well is a water well that provides water for home or irrigation use to two to several homes. In most cases, a shared water well that provides water to more than four homes would be categorized as a community well.

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Texas Shared Well Water Agreement