In many rural Arizona, it is not uncommon for one or more parcels to share a single water well and water system. The management and maintenance of a common water system requires the time and attention of all concerned. Disputes over the contribution of each parcel owner to the maintenance of the well and water system and the amount of water each package can use are common and can lead to chaotic and costly litigation, as well as bad feelings among neighbours. This is why it is important for landowners sharing a well and water system to enter into a legally binding agreement that clearly defines the rights and responsibilities of each party. These types of agreements are referred to as community-based agreements or joint agreements with wells. These agreements are essential for any property that shares a well with surrounding parcels. This agreement is reached when the property is sold with a common well to a new owner. The process of signing the agreement will not take much time. In Arizona, wells are subject to certain legal and regulatory requirements (e.g. B the registration of the well, the notification of open wells, etc.). However, good action agreements are private contracts and are not subject to specific application by the government. This means that landowners who share a common well find themselves in a dispute that they cannot resolve among themselves, and that the parties may have to apply for discharge in court. This is one of the reasons why it is important to have a well-developed, legally enforceable agreement that protects the interests of any landowner and ensures equitable access and cost-sharing.
Please note that the previous one is only information and is not designed as legal advice. If you need help designing or imposing a well share agreement or if you have other questions about good deed agreements, contact the experienced lawyers of Giordano Spanish-Heckele. To schedule a consultation, call (520) 369-4274 or send an email [email protected]. A shared wave is usually shared by neighbouring owners who each use some of the water. If a house using a common well is purchased and sold, the sale must be documented and disclosed to all parties. An electrical connection is required to operate the well and costs are distributed among the owners of the lots mentioned in the shared tree agreement. If well production is documented, water pressure problems, defects or repairs to equipment; and a home buyer with a common well should also receive a copy of a sharing agreement and the seller should disclose who manages the Shared Well. I know places with common wells, and that is something that I do not want facilities to be provided under the energy exchange agreement to allow utilities and access to the well. For specific questions regarding Arizona wells, please contact the Arizona Department of Water Resources.
A well action agreement will include, among other things, a complete legal description of the well site and possible facilities.  Issues such as the distribution of maintenance costs and responsibilities between the owners and whether the agreement will be with the Land (i.e., whether the agreement applies only to a particular owner or class of owners or whether the country is land-related, regardless of the property). A tucson real estate lawyer or a contract lawyer can declare all the provisions in a good action contract. Thank you very much for your question. We are happy to schedule a call with one of our lawyers to discuss your private property. You can call us at 602-533-2840 or make an appointment here: qa409.infusionsoft.app/app/form/web-form-submitted?cookieUUID=ee5c6006-20e1-4fb3-8da3-84995064ea47. If a house containing a common well is sold, a tax may be due to the well manager on behalf of the well. MacQueen-Gottlieb`s lawyers have extensive experience with water rights and share Arizona laws.