Official Shared Well Agreement Form in PDF

The Shared Well Agreement is a vital document that outlines the rights and responsibilities of parties sharing a well water system. It serves to ensure that all involved parties have access to a reliable water supply while also addressing the costs associated with maintenance and usage. Understanding this agreement is crucial for property owners who depend on shared water resources for their domestic needs.

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The Shared Well Agreement form serves as a crucial document for property owners who rely on a common well for their water supply. This agreement outlines the rights and responsibilities of both the supplying party and the supplied party, ensuring that both parties understand their obligations regarding the well and the associated water distribution system. Key elements include the description of the properties involved, the terms for drawing water, and the financial responsibilities related to maintenance and operation costs. The agreement specifies the annual fees, the division of expenses for repairs, and the procedures for addressing emergencies. Additionally, it addresses the rights to easements for maintenance and the conditions under which the agreement can be terminated. By clearly stating the expectations and obligations of each party, the Shared Well Agreement aims to promote cooperation and prevent disputes among property owners who share a vital resource.

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Key takeaways

Here are key takeaways regarding the Shared Well Agreement form:

The agreement outlines the rights and obligations of both the supplying party and the supplied party regarding the use of a shared well.
Each party must provide accurate property addresses and legal descriptions to clearly identify the parcels involved.
Annual fees and maintenance costs are shared equally, and timely payments are essential to avoid service interruptions.
Emergency access is allowed for repairs, ensuring that water delivery is maintained during system failures.
Landscaping or improvements that obstruct easements are prohibited, protecting access for maintenance.
In case of contamination or availability of alternative water sources, the agreement can be terminated, and disconnection costs will be the responsibility of the affected parcel owner.
Disputes must be resolved through binding arbitration, promoting a fair resolution process without court involvement.

Form Breakdown

Fact Name	Details
Purpose	The Shared Well Agreement outlines the rights and responsibilities of parties sharing a well and water distribution system.
Parties Involved	The agreement typically involves a "supplying party" and a "supplied party," each owning different parcels of land.
Water Quality	Water must undergo quality analysis by the state health authority to ensure it is safe for human consumption.
Annual Fees	The supplied party is required to pay an annual fee for water usage, which is due by January 15 each year.
Shared Expenses	Both parties share the costs for maintenance and operation of the well and water system, typically split equally.
Emergency Access	Each party has the right to access the other’s property in case of an emergency that affects water delivery.
Termination Conditions	The agreement can be terminated if the well becomes contaminated or if another water source becomes available.
Perpetual Term	The agreement is generally perpetual unless terminated by the parties involved.
Dispute Resolution	Disputes under the agreement are resolved through binding arbitration, following the rules of the American Arbitration Association.
State-Specific Laws	The agreement is governed by the laws of the state where the properties are located, which may affect its enforceability.

Documents used along the form

The Shared Well Agreement is an essential document for individuals sharing a water source. In addition to this agreement, several other forms and documents are often utilized to clarify rights and responsibilities related to shared water systems. Below is a list of such documents, each described briefly for clarity.

Water Quality Test Report: This document provides the results of a water quality analysis, confirming that the water is safe for consumption. It is typically required by state health authorities and ensures that all parties are aware of the water's safety status.
Property Deed: A legal document that outlines ownership of the property where the well is located. It includes details about the property boundaries and any easements that may affect access to the well.
Easement Agreement: This document grants permission for one party to use another's property for specific purposes, such as accessing the well. It defines the scope and limitations of the easement, ensuring clarity for all parties involved.
Maintenance Agreement: This outlines the responsibilities of each party regarding the upkeep and repair of the well and water distribution system. It specifies who is responsible for costs and actions related to maintenance.
Power of Attorney: This legal document is essential for granting one person the authority to make decisions on behalf of another. It can be particularly useful in ensuring continuity of voice and intent in agreements like the Shared Well Agreement. For more information, visit smarttemplates.net/fillable-power-of-attorney.
Cost Sharing Agreement: This document details how expenses related to the well, including maintenance and energy costs, will be shared among the parties. It ensures transparency and fairness in financial obligations.
Termination Notice: A formal document used by a party wishing to withdraw from the Shared Well Agreement. It details the process for termination and any obligations that must be fulfilled before leaving the agreement.
Emergency Access Agreement: This specifies the rights of parties to access the well in emergency situations, outlining what constitutes an emergency and the procedures to follow.
Insurance Policy Documentation: This includes details of any insurance coverage related to the well and water system, providing protection against liabilities or damages that may occur.
Dispute Resolution Agreement: This outlines the process for resolving disputes that may arise between parties regarding the Shared Well Agreement. It may include arbitration procedures or mediation steps.
Annual Fee Payment Schedule: A document that outlines the timeline and amounts for any fees associated with the use of the well. It ensures that all parties are aware of their financial commitments throughout the year.

These documents collectively support the effective management of shared well systems, ensuring that all parties understand their rights, responsibilities, and the procedures to follow in various situations. Proper documentation helps prevent misunderstandings and fosters a cooperative relationship among property owners.