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Blank Shared Well Agreement PDF Form

The Shared Well Agreement is a legal document that outlines the terms and conditions under which two or more parties agree to share a well and its associated water distribution system. This agreement is essential for ensuring that all parties involved understand their rights and responsibilities regarding the use and maintenance of the well. By clearly defining these aspects, the agreement aims to facilitate a reliable water supply for domestic use while protecting the interests of both the supplying and supplied parties.

If you are ready to establish a Shared Well Agreement, please fill out the form by clicking the button below.

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Article Guide

File Breakdown

Fact Name	Description
Parties Involved	The Shared Well Agreement is between a "supplying party" and a "supplied party," each owning a parcel of land that will utilize the shared well system.
Cost Sharing	Both parties agree to share the costs associated with the operation and maintenance of the well and water distribution system, typically split equally.
Termination Conditions	The agreement can be terminated if the well becomes contaminated or if an alternative water source becomes available, following specific procedures.
Governing Law	This agreement is subject to the laws of the state where the properties are located, which may vary by state, affecting the terms and conditions.

Key takeaways

When filling out and using the Shared Well Agreement form, it's important to keep several key points in mind. Here are some essential takeaways:

Identify Parties Clearly: Make sure to accurately fill in the names and addresses of both the supplying party and the supplied party. This clarity helps avoid confusion later.
Legal Descriptions Matter: Provide detailed legal descriptions of both Parcel 1 and Parcel 2. This ensures that all parties understand the specific properties involved in the agreement.
Water Use Limitations: Understand that the agreement allows for water use strictly for domestic purposes. Filling swimming pools or similar uses is not permitted.
Annual Fees and Expenses: Be aware that the supplied party must pay an annual fee and share maintenance costs. These financial obligations should be clearly noted and agreed upon.
Emergency Access: In case of an emergency, parties can access each other’s properties to address urgent water system issues. Define what constitutes an emergency to prevent disputes.
Termination Procedures: Know the steps required to terminate the agreement. This includes filing a written statement and disconnecting from the well system.
Dispute Resolution: Any disputes arising from the agreement will be settled through binding arbitration. Familiarize yourself with the arbitration process to prepare for potential conflicts.

Dos and Don'ts

When filling out the Shared Well Agreement form, it’s important to be thorough and accurate. Here’s a list of dos and don’ts to guide you:

Do provide complete and accurate addresses for both the supplying and supplied parties.
Do clearly describe the properties involved, including legal descriptions.
Do specify the annual fee and payment deadlines clearly.
Do ensure all parties understand their obligations regarding maintenance and repairs.
Don’t leave any sections blank; fill in all required information.
Don’t forget to include any necessary easements for water distribution.
Don’t allow unauthorized individuals to access the well water.
Don’t ignore the importance of having the agreement notarized, if required.

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Instructions on Filling in Shared Well Agreement

After obtaining the Shared Well Agreement form, it is essential to fill it out accurately to ensure that both parties understand their rights and responsibilities. Following these steps will help complete the form correctly.

Enter the date on the first line where it states "this ____ day of __________."
In the first blank, write the name of the supplying party and their address in the designated fields.
In the second blank, write the name of the supplied party and their address in the designated fields.
Fill in the legal description of Parcel 1 where indicated, providing details about the property owned by the supplying party.
Fill in the legal description of Parcel 2 where indicated, providing details about the property owned by the supplied party.
State the annual fee to be paid by the supplied party for the use of the well and water distribution system.
Indicate the payment amount for the current year, if different from the annual fee.
Specify the date when the supplied party must pay their share of energy costs each month.
Fill in the number of days allowed for payment before water supply may be terminated.
Describe any easements necessary for the well and water distribution system.
Ensure that both parties sign and date the agreement at the bottom.
Include an acknowledgment before a notary public, as required by state law.

Misconceptions

Understanding the Shared Well Agreement form can be challenging, and several misconceptions often arise. Here are six common misconceptions, along with clarifications:

Misconception 1: The agreement is only necessary for new wells.

This is incorrect. A Shared Well Agreement is important for any shared well, regardless of when it was established. It clarifies rights and responsibilities for all parties involved.

Misconception 2: Only the supplying party is responsible for maintenance costs.

In reality, both the supplying and supplied parties share maintenance costs equally. This includes expenses for repairs, electricity, and other operational costs.

Misconception 3: The agreement can be ignored if one party moves away.

This is not true. The obligations and rights outlined in the agreement remain in effect, even if one party changes. New owners or occupants must adhere to the terms.

Misconception 4: There are no restrictions on water usage from the well.

In fact, the agreement specifies that water is for domestic use only. Filling swimming pools or allowing others to use the water is prohibited unless expressly allowed.

Misconception 5: Termination of the agreement is simple and can be done verbally.

Termination requires a formal written statement filed with the appropriate county office. Verbal agreements or informal notifications are not sufficient.

Misconception 6: The agreement is only relevant for the current parties involved.

The benefits and burdens of the agreement are designed to run with the land. Future owners and occupants are also bound by its terms, ensuring continuity.