A well is an excavation or hole dug, bored or drilled into the earth for the purpose of obtaining water from subterranean sources. Subject to legislative restrictions, a landowner may sink a well on the landowner's premises for the purpose of extracting water, and use or sell the water. Rights in such wells may be controlled by contract or deed.
The following form is an agreement for sale of a commercial water well (as opposed to one used for a residence).
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Drilling the well hole, installing the casing (a tubular lining that prevents the well hole from collapsing) and adding a well cap (a tight-fitting, vermin-proof top seal) typically costs $15-$30 per foot, or $1,500-$3,000 for a 100' deep well, and $6,000-$12,000 for a 400' well.
A Shared Well Agreement is a contract regarding the drilling, maintenance, and use of a well. As a contract, the Agreement's core provisions must properly identify the parties, properties, well and water distribution system, maintenance liabilities, easements, and registered water rights, if any.
A shared well agreement will list the percentage of water to be used as per alloted portion of land for the agreement. Water wells are registered in Arizona to document their existence and ownership.Each owner is to install their own water lines to the well when constructing their homes.
By definition, a shared well is a well that services more than one home whether its for residential or irrigation purposes. They can service up to two or more homes, and if there were more than four, then it would be classified as a community well.
Name and address of the supplying party. Name and address of the supplied party. Address of the property with the well. Legal description of the property (Parcel 1) Legal description of the Parcel 2. Conditions of the agreement.
An easement would give you, and any subsequent buyers, the right to have your well on the neighbor's property and to access the property in order to maintain the well. An easement can be created without the need to involve surveyors and the county.
Generally, homeowners may use ground water from their wells for any "reasonable use" that does not impact neighboring property conditions.Water rights are commonly bought and sold as a commodity.
Homeowners that share a groundwater well system usually have a shared well agreement. If no legal agreement is in place, get one. A shared well agreement should specify cost sharing for powering, maintaining and repairing the groundwater system. In addition, the document should limit water use to domestic purposes.
