Fill in Your Shared Well Agreement Form

The Shared Well Agreement form is an important document for parties sharing a well system. However, several other forms and documents often accompany it to ensure clarity and compliance. Below is a list of these related documents, each serving a specific purpose in the shared well arrangement.

• Water Quality Test Results: This document confirms that the water from the well has been tested and meets safety standards for human consumption. It is essential for ensuring the health and safety of all users.
• Employment Application Form: This document is necessary for job seekers as it presents their qualifications and personal information to potential employers in a standardized format. More details can be found in the Templates and Guide.
• Easement Agreement: This document outlines the rights of each party regarding access to the well and any necessary easements for maintenance. It ensures that all parties understand their rights to use the property for water access.
• Maintenance Agreement: This outlines the responsibilities for the upkeep of the well and water distribution system. It specifies who is responsible for repairs and how costs will be shared among the parties.
• Termination Notice: This form is used when a party wishes to withdraw from the Shared Well Agreement. It outlines the process for termination and the responsibilities of the withdrawing party.
• Dispute Resolution Agreement: This document provides a framework for resolving any disputes that may arise between the parties regarding the well. It often includes arbitration procedures to handle conflicts efficiently.
• Annual Fee Payment Record: This document tracks the payments made by the supplied party for the use of the well. It ensures transparency and accountability in financial transactions related to the shared water system.

These documents work together with the Shared Well Agreement to create a comprehensive framework for managing shared water resources. It is crucial for all parties involved to understand and maintain these records to ensure a smooth operation of the shared well system.

When filling out the Shared Well Agreement form, it is essential to approach the task with care and attention to detail. Here are some important dos and don'ts to keep in mind:

• Do ensure that all names and addresses are accurate and complete to avoid confusion later.
• Do read through the entire agreement carefully before signing to fully understand your rights and obligations.
• Do discuss the terms with all parties involved to ensure everyone is on the same page regarding costs and responsibilities.
• Do have the agreement notarized to validate the signatures and make it legally binding.
• Don't leave any blank spaces in the form, as this can lead to misunderstandings or disputes in the future.
• Don't rush through the process; take your time to review and clarify any terms that are unclear.

1. What is a Shared Well Agreement?

   A Shared Well Agreement is a legal document that outlines the rights and responsibilities of two or more property owners who share a well and its water distribution system. This agreement ensures that all parties understand how water will be supplied, how costs will be shared, and how maintenance will be handled.

2. Who are the parties involved in this agreement?

   The parties involved are typically referred to as the "supplying party" and the "supplied party." The supplying party owns the property where the well is located, while the supplied party owns a neighboring property that will use the water from the well.

3. What are the main obligations of the supplied party?

   The supplied party must pay an annual fee for using the well and share in the costs for maintenance and operation of the water distribution system. This includes costs for repairs, electricity, and any other necessary expenses related to the well.

4. How is the cost of maintenance determined?

   Maintenance costs are typically shared equally between the supplying party and the supplied party. Each party is responsible for half of the total expense incurred for necessary repairs or maintenance of the well and water distribution system.

5. What happens if the well becomes contaminated?

   If the well becomes contaminated and no longer supplies safe water, or if it cannot meet the water needs of all parties, the rights and obligations outlined in the agreement will cease. The parties may then seek alternative water sources.

6. Can anyone else use the water from the well?

   No, only the properties described in the agreement and their occupants are allowed to draw water from the well. Guests may use the water, but no outside individuals or properties can connect to the system.

7. What is the process for terminating the agreement?

   To terminate participation in the agreement, a written statement must be filed with the appropriate county office. Once terminated, the owner of the parcel must disconnect their water line from the well and will no longer be responsible for shared costs.

8. How are disputes resolved?

   Disputes under the agreement are resolved through binding arbitration. Each party selects an arbitrator, and those arbitrators will choose a third. This process is governed by the rules of the American Arbitration Association.

9. Is this agreement permanent?

   The Shared Well Agreement is generally perpetual, meaning it continues indefinitely unless terminated by the parties involved. However, it can be modified or ended under specific conditions outlined in the agreement.