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The Shared Well Agreement form serves as a crucial document for property owners who wish to collaboratively utilize a well system for their water supply. This agreement outlines the responsibilities and rights of two parties: the supplying party, who owns the well, and the supplied party, who benefits from the water provided. The form details the specific properties involved, designated as Parcel 1 and Parcel 2, along with their legal descriptions. It emphasizes the necessity of maintaining an adequate water supply for domestic use and sets forth the terms for sharing costs related to the well and its distribution system. Key aspects include the establishment of annual fees, the division of maintenance expenses, and the conditions under which water can be drawn from the well. Additionally, the agreement addresses emergency situations, easements for access, and the procedures for terminating participation in the agreement if the well becomes contaminated or if an alternative water source becomes available. By putting these provisions in writing, the Shared Well Agreement aims to protect the interests of all parties involved, ensuring a sustainable and cooperative approach to water resource management.
Key takeaways
When filling out and using the Shared Well Agreement form, keep these key takeaways in mind:
- Identify Parties Clearly: Ensure that all parties involved are accurately named with their complete addresses. This includes the supplying party and the supplied party.
- Define Property Details: Clearly describe both parcels of land involved in the agreement. Include legal descriptions for clarity and future reference.
- Understand Financial Obligations: Be aware of the annual fees and shared costs for maintenance and operation. Each party is responsible for half of the expenses unless otherwise stated.
- Emergency Access: Know that each party has the right to access the property in case of an emergency. This is crucial for addressing any urgent issues related to the water system.
Dos and Don'ts
When filling out the Shared Well Agreement form, it is essential to approach the task with care. Below are four important do's and don'ts to consider.
- Do ensure all names and addresses are accurately filled in for both the supplying and supplied parties.
- Do provide clear and complete legal descriptions of both Parcel 1 and Parcel 2.
- Don't omit any required signatures or dates, as this may invalidate the agreement.
- Don't include any unauthorized individuals in the agreement, as only the designated parties should have rights to the well.
Documents used along the form
The Shared Well Agreement is an important document for parties sharing a well system. Along with this agreement, several other forms and documents are commonly utilized to ensure clarity and compliance among the parties involved. Each of these documents serves a specific purpose in the overall arrangement.
- Water Quality Test Results: This document provides evidence that the water from the well meets safety standards for human consumption, as determined by the relevant health authority.
- Property Deeds: These legal documents outline the ownership of the parcels involved in the agreement. They are essential for establishing the rights of the supplying and supplied parties.
- Easement Agreement: This document grants the necessary rights for the parties to access each other's properties for the maintenance and operation of the well and water distribution system.
- Maintenance Agreement: This outlines the responsibilities of each party regarding the upkeep of the well and the associated water distribution system, detailing how costs and tasks will be shared.
- Termination Notice: This document is used when a party wishes to terminate their participation in the Shared Well Agreement, specifying the necessary steps and any obligations that remain.
- Annual Fee Payment Receipt: This serves as proof of payment for the annual fee required by the supplying party for the use of the well and water distribution system.
- Texas VTR-850 Form: This application is essential for vehicle owners in Texas seeking classic license plates. It outlines the criteria, fees, and procedures involved in registering a vehicle that is 25 years or older. For more information, you can visit https://texasformspdf.com/fillable-texas-vtr-850-online.
- Arbitration Agreement: This document outlines the procedure for resolving disputes related to the Shared Well Agreement, including the selection of arbitrators and the rules governing arbitration.
These documents, when used in conjunction with the Shared Well Agreement, help ensure that all parties have a clear understanding of their rights and responsibilities. Proper documentation fosters cooperation and minimizes potential conflicts in the future.
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Things to Know About This Form
What is a Shared Well Agreement?
A Shared Well Agreement is a legal document that outlines the rights and responsibilities of two or more parties who share a well and water distribution system. It ensures that all parties understand how the water will be used, the costs associated with its use, and the maintenance responsibilities. This agreement is particularly important when multiple properties rely on a single water source, as it helps prevent disputes and clarifies expectations for all involved.
Who are the parties involved in a Shared Well Agreement?
The parties involved typically include the "supplying party," who owns the property where the well is located, and the "supplied party," who benefits from the water provided by the well. Each party's rights and obligations are defined in the agreement, which helps ensure that both parties are aware of their roles and responsibilities regarding the shared water supply.
What are the financial obligations outlined in the agreement?
Financial obligations in a Shared Well Agreement usually include:
- An annual fee that the supplied party must pay to the supplying party for the use of the well and water distribution system.
- A proportionate share of all expenses related to the operation and maintenance of the well and water distribution system. This includes costs for electricity, repairs, and maintenance.
- Specific deadlines for payments, such as the annual fee being due by January 15th each year, and energy costs being due monthly.
These financial commitments help ensure that both parties contribute fairly to the upkeep of the shared water system.
What happens if one party fails to meet their obligations?
If a party fails to meet their financial obligations, such as not paying for their share of energy costs, the supplying party has the right to terminate the water supply to the defaulting party until all overdue payments are made. This provision emphasizes the importance of adhering to the terms of the agreement, as it protects the interests of the supplying party while encouraging timely payments from the supplied party.
Can the Shared Well Agreement be terminated?
Yes, the Shared Well Agreement can be terminated under specific conditions. If the well becomes contaminated or is no longer able to supply adequate water, the rights and obligations of the parties cease. Additionally, if one party wishes to withdraw from the agreement, they must file a written statement of termination with the appropriate county office. Upon termination, the withdrawing party will disconnect their water supply and will no longer be responsible for any future maintenance costs.
What should be included in the agreement regarding maintenance and repairs?
The agreement should clearly outline maintenance and repair responsibilities for both parties. Each party is generally required to promptly repair and maintain the water pipes serving their respective properties. Additionally, any shared expenses for system maintenance or repairs must be agreed upon before they are incurred, except in emergency situations. This ensures that both parties are proactive in maintaining the water system and that costs are fairly distributed.
Preview - Shared Well Agreement Form
Shared Well Water Agreement
This Agreement, made and entered into this ____day of __________ by and between
_____________________________, who resides at _____________________________
_____________________________ (street address, city, county, state, zip code), hereinafter
referred to as the "supplying party," and _____________________________, who resides at
__________________________________________________________ (street address, city,
county, state, zip code), hereafter referred to as the "supplied party:”
WHEREAS, the supplying party is the owner of property located at
__________________________________________________________ (street address, city,
county, state, zip code), which property is hereafter referred to as “Parcel 1” and is more fully described as follows:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
(Put Legal Description of Property Here)
WHEREAS, the supplied party is the owner of property located at
__________________________________________________________ (street address, city,
county, state, zip code), which property is hereafter referred to as “Parcel 2” and is more fully described as follows:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
(Put Legal Description of Property Here)
WHEREAS, the undersigned parties deem it necessary to provide a well system to service the parcels described herein, and an Agreement has been reached relative to supplying water from the well and sharing the cost of supplying said water; and
WHEREAS, there is located a well upon the above described property of supplying party; together with water distribution facilities, hereinafter referred to as "water distribution system", for the purpose of supplying water to all properties connected to the said water distribution system; and
WHEREAS, it is the intention and purpose of the undersigned parties that the well and water distribution system shall be used and operated to provide an adequate supply of water for each of the properties connected thereto, for the domestic consumption of the occupants of said properties, and to assure the continuous and satisfactory operation and maintenance of the well and water
distribution system for the benefit of the present and future owners, their heirs, successors and assigns of the properties connected thereto; and
WHEREAS, the said well is deemed by the parties hereto to be of adequate capacity to supply a single family dwelling on each of the parcels described herein with water from the well for all domestic uses of a single family residing therein; and
WHEREAS, the water from the well has undergone a water quality analysis from the State of
___________ health authority and has been determined by the authority to supply safe for human
consumption; and
WHEREAS, the parties hereto desire to enter this Agreement for the purpose of reducing to writing their respective rights and obligations pertaining to said well and water distribution system.
NOW THEREFORE, in consideration of the promises and covenants herein contained, it is agreed that the well and water distribution system situated on Parcel 1 shall be used by the parties to this Agreement, as well as by all future owners and occupants of said Parcels 1 and 2, upon the following terms and conditions:
1.That until this Agreement is terminated, as hereinafter provided, the parties hereto (and their heirs, successors and assigns, for the exclusive benefit of the respective parcels of said real estate, and for the exclusive use of the households residing thereon), are hereby granted the right in common with the other parties to this Agreement, to draw water from the well located on Parcel 1 for domestic use excluding the right to draw water to fill swimming pools of any type.
2.That the owners or residents of the dwellings located on Parcels 2, as of the date of this Agreement shall:
a.Pay or cause to be paid to the supplying party, an annual fee for this use of the well and water distribution system in the amount of $_____________ on or before the 15th of January each year, with the exception of this year whereby the amount shall be $____________ and paid on the execution of this Agreement.
b.Pay or cause to be paid promptly, a proportionate share of all expenses for the operation and maintenance of the well and water distribution system that may become necessary. Each respective share shall be determined by dividing the amount of each expense by two, it being understood that the supplying party and the supplied party shall pay an amount equal to one half of the total of such necessary repair or replacement. Shared expenses include the cost of electricity for pumping, repairs and maintenance on said well and water distribution system.
3.That the cost of any removal or replacement of
parcel necessary for system operation, maintenance, replacement, improvements, inspection or testing, damaged as a result of repair of the well or water distribution system maintenance will be borne by the owner of the affected parcel, except that costs to remove and replace common boundary fencing or walls damaged as a result of repair shall be shared equally between or among parties so damaged.
4.That each of the parties hereby agrees that they will promptly repair, maintain and replace all water pipes or mains serving their respective dwellings.
5.That the consent of all parties to pay a proportionate share of costs shall be obtained prior to embarking upon expenditures for system maintenance, replacement or improvement, except in emergency situations.
6.That the supplied party shall pay to the supplying party his proportionate share for the cost of energy for the operation of the pumping equipment. This cost shall be determined by a separate meter upon each dwelling and for each parcel.
7.That it is the agreement of the parties hereto that the payment for energy cost shall be made not later than the _________day of each succeeding month during the term of this Agreement. In the event that any such payment remains unpaid for a period of ____days, the supplying party may terminate the supply of water to the supplied party until all arrearages in payment are received by the supplying party.
8.That each of the parties to this Agreement does hereby grant to the other, his heirs, successors and assigns, such easements over, across and through the respective parcels as shall be reasonably necessary for the construction of the well, maintenance of water pipes, pumping equipment, mains, electrical wiring and conduit consistent with the purposes of this Agreement. These easements are described below, to wit:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
(Describe easements, if any)
10.That no party may install landscaping or improvements that will impair the use of said easements.
11.That each party shall have the right to act to correct an emergency situation and shall have access to the pertinent parcel in the absence of the other. An emergency situation shall be defined as
the failure of any shared portion of the system to deliver water upon demand.
12.That only those parcels of real estate hereinabove described and the dwellings located thereon shall be permitted to receive water from said well and pumping equipment; and each of the parties hereto does hereby covenant and agree that he/she will not allow or permit other persons, other than household guests, to take, draw, use or receive water from the well, nor permit other persons to connect to the pipes or mains serving his/her respective parcel.
13.That in the event the referenced well shall become contaminated and shall no longer supply
water suitable for domestic consumption, or shall no longer supply water adequate for the needs of all relevant parties, or in the event that another source of water shall become available to the respective parcels, then the rights and obligations of the parties created by this Agreement shall cease and terminate in accordance with the terms and conditions hereinafter described.
14.That upon the availability of such other source of water, it is contemplated that a reasonable time shall be allowed to effectuate the necessary connections to the new source.
15.That the respective rights and obligations of the parties shall continue until the parties who wish to terminate their participation in the Well Agreement have executed and filed a written statement of termination at the _____________________________ (office where deeds in your state are recorded) of the County of ____________ and the state of ____________________. Upon termination of participation in this Agreement, the owner and occupant of each residence which is terminated from the Agreement shall have no further right to the use of the well. The terminated parties shall disconnect their respective lateral connection from said well system and shall have no further obligation to pay or collect for maintenance and related expenses incurred thereafter. The costs of disconnection from the well and water system shall be borne by the owner of the pertinent parcel.
19.That the term of this Agreement shall be perpetual, except as herein limited.
20.That the benefits and burdens of this Agreement shall constitute a covenant running with the parcels of land herein described and shall be binding upon the heirs, successors in title and assigns of the parties hereto.
21. Any dispute under this Agreement shall be required to be resolved by binding arbitration |
of |
the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one |
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arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall |
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arbitrate said dispute. The arbitration shall be governed by the rules of the American |
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Arbitration Association then in force and effect. |
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Witness our signatures this the ____ day of __________, 20____. |
|
__________________________________________________
(Acknowledgment before a notary public, the form of which will vary by state)
Document Specifics
| Fact Name | Details |
|---|---|
| Purpose | The Shared Well Agreement outlines the rights and obligations of parties sharing a well for domestic water use. |
| Parties Involved | The agreement is between a "supplying party" and a "supplied party," each owning a parcel of property. |
| Annual Fee | The supplied party must pay an annual fee for well usage, due by January 15 each year. |
| Maintenance Costs | Both parties share the costs of maintenance and operation of the well and distribution system equally. |
| Easements | Parties grant easements for necessary construction and maintenance of the well and related infrastructure. |
| Termination Conditions | The agreement can be terminated if the well becomes contaminated or if an alternative water source is available. |
| Governing Law | The agreement is governed by state laws, which may vary by jurisdiction; specific state laws should be referenced. |
How to Fill Out Shared Well Agreement
Completing the Shared Well Agreement form involves several key steps to ensure that all necessary information is accurately provided. This form formalizes the agreement between parties regarding the use of a shared well and the associated responsibilities. Follow the steps outlined below to fill out the form correctly.
- Enter the date of the agreement in the first blank line.
- Fill in the names of the supplying party and supplied party in the respective spaces provided.
- Provide the street address, city, county, state, and zip code for both parties.
- Describe the property owned by the supplying party, including the street address and legal description.
- Describe the property owned by the supplied party, including the street address and legal description.
- Indicate the amount of the annual fee to be paid by the supplied party in the designated space.
- State the amount to be paid for this year upon execution of the agreement.
- Specify the due date for the monthly energy cost payment.
- Fill in the number of days after which water supply may be terminated for non-payment.
- Describe any easements necessary for the construction and maintenance of the well and water distribution system.
- Sign and date the form where indicated at the bottom.
- Have the agreement acknowledged before a notary public, as required by state law.