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The Shared Well Agreement form is a crucial document for property owners who wish to collaboratively utilize a single well system for their water supply. This agreement outlines the rights and responsibilities of both the supplying party, who owns the well, and the supplied party, who benefits from the well's water. It details the properties involved, referred to as Parcel 1 and Parcel 2, and includes legal descriptions to ensure clarity. The agreement specifies the operational framework for the well and water distribution system, emphasizing the need for adequate water supply for domestic use. Key provisions include the payment of annual fees, sharing of maintenance costs, and the responsibilities for repairs and energy expenses. Additionally, the document addresses emergency situations, easements for access, and the process for terminating participation in the agreement. The Shared Well Agreement aims to protect the interests of all parties involved, ensuring a reliable water supply while maintaining clear guidelines for usage and maintenance. Understanding this form is essential for anyone considering a shared well arrangement, as it sets the foundation for cooperation and mutual benefit among property owners.

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Documents used along the form

A Shared Well Agreement is an important document for property owners who share a well. However, there are other forms and documents that often accompany it. These documents help clarify responsibilities, rights, and procedures related to the shared water system. Below is a list of some commonly used forms that can complement a Shared Well Agreement.

  • Water Quality Test Report: This document provides the results of water quality testing. It ensures that the water from the well meets safety standards for human consumption.
  • Easement Agreement: This form outlines the rights to access and use specific parts of a property for the installation and maintenance of the well and water distribution system.
  • Maintenance Agreement: This document specifies the responsibilities of each party regarding the upkeep of the well and the distribution system, including who pays for repairs.
  • Cost Sharing Agreement: This form details how expenses related to the well, such as electricity and maintenance costs, will be divided among the parties involved.
  • Termination Notice: This document is used when a party wishes to withdraw from the Shared Well Agreement. It outlines the steps for formally ending the agreement.
  • Water Usage Policy: This policy outlines the acceptable uses of water drawn from the well, including restrictions on filling pools or other non-domestic uses.
  • Dispute Resolution Agreement: This document lays out the process for resolving disagreements related to the Shared Well Agreement, often including arbitration procedures.
  • Property Deed: This legal document shows ownership of the properties involved in the Shared Well Agreement and may be referenced in case of disputes.
  • Insurance Policy: This document details any insurance coverage related to the well and water system, protecting parties from liabilities or damages.
  • Bill of Sale: This form is essential for recording the transfer of ownership of the well, ensuring all parties are clear about ownership details. For more information, you can refer to the https://texasformsonline.com/free-bill-of-sale-template.
  • Annual Review Form: This form is used to assess the condition of the well and water system each year, ensuring all parties are informed about any necessary repairs or changes.

Each of these documents plays a vital role in ensuring that the Shared Well Agreement functions smoothly. They help prevent misunderstandings and provide a clear framework for responsibilities and rights among property owners. Having these forms in place can lead to a more harmonious and efficient water-sharing arrangement.

Dos and Don'ts

When filling out the Shared Well Agreement form, it is crucial to approach the task with care and attention to detail. Here are some important dos and don’ts to consider:

  • Do ensure that all names and addresses are accurately filled in. This includes both the supplying and supplied parties.
  • Don’t leave any sections blank. Every part of the form should be completed to avoid confusion or delays.
  • Do double-check the legal descriptions of the properties involved. Clear and precise descriptions help avoid disputes in the future.
  • Don’t rush through the process. Take your time to read each clause carefully to understand your rights and obligations.
  • Do consult with a legal professional if you have questions about specific terms or conditions in the agreement.
  • Don’t ignore the importance of signatures. Ensure that all required parties sign the document to make it legally binding.

Key takeaways

Filling out and using the Shared Well Agreement form involves several important considerations. Below are key takeaways to guide individuals through the process:

  • The agreement must clearly identify the supplying party and the supplied party, including their full names and addresses.
  • Legal descriptions of the properties involved should be accurately detailed to avoid future disputes.
  • It is essential to specify the annual fee for well usage, as well as the payment schedule, to ensure clarity on financial obligations.
  • Parties must agree on how to share the costs for maintenance and operation of the well and water distribution system.
  • Emergency procedures should be established, allowing parties to access each other’s properties in urgent situations.
  • All parties must consent to any shared expenses before incurring costs, except in emergencies.
  • The agreement should outline the responsibilities for maintaining and repairing water pipes serving each property.
  • Each party should understand that the agreement is intended to be perpetual unless terminated through proper channels.
  • Clearly define the easements necessary for the construction and maintenance of the well and related infrastructure.
  • Dispute resolution must be addressed, specifying that binding arbitration will be the method for resolving conflicts.

By following these key points, parties can ensure a comprehensive and functional Shared Well Agreement that protects their interests and promotes cooperation.

Steps to Using Shared Well Agreement

Completing the Shared Well Agreement form requires careful attention to detail. Each section of the form must be filled out accurately to ensure that the rights and obligations of all parties involved are clearly defined. Following the steps below will facilitate a smooth completion of the form.

  1. Begin by entering the date of the agreement in the space provided at the top of the form.
  2. Identify the supplying party by writing their name and address, including street address, city, county, state, and zip code.
  3. Next, identify the supplied party by entering their name and complete address in the designated section.
  4. For Parcel 1, provide the street address and a detailed legal description of the property owned by the supplying party.
  5. For Parcel 2, similarly, enter the street address and a legal description for the property owned by the supplied party.
  6. Review the section regarding the well system and ensure that it accurately reflects the intention to supply water to both parcels.
  7. Fill in the annual fee amount for the supplied party's use of the well and water distribution system, specifying the amount due for the current year.
  8. Outline the responsibilities for shared expenses related to the operation and maintenance of the well and water distribution system, as described in the agreement.
  9. Detail any easements necessary for the construction and maintenance of the well and water distribution system, if applicable.
  10. Indicate the date by which the supplied party must pay for energy costs related to the operation of the pumping equipment.
  11. Sign and date the agreement at the bottom, ensuring that all parties involved provide their signatures.
  12. Finally, arrange for the acknowledgment of the signatures before a notary public, as required by state law.

Listed Questions and Answers

What is a Shared Well Agreement?

A Shared Well Agreement is a legal document that outlines the rights and responsibilities of parties sharing a well and water distribution system. It ensures that all parties understand how water will be supplied, the costs involved, and the maintenance obligations for the well system.

Who are the parties involved in a Shared Well Agreement?

The parties involved are typically the "supplying party," who owns the property where the well is located, and the "supplied party," who uses the water from that well. Each party must provide their property details, including addresses and legal descriptions.

What are the key terms of the agreement?

The agreement includes several important terms, such as:

  1. The right to draw water from the well for domestic use.
  2. Annual fees and shared expenses for maintenance and operation.
  3. Responsibilities for repairs and maintenance of water pipes.
  4. Conditions under which the agreement can be terminated.

What fees are involved in a Shared Well Agreement?

The supplied party is required to pay an annual fee for using the well, as well as a proportionate share of maintenance costs. These costs include electricity for pumping and any necessary repairs. Payment deadlines are specified in the agreement to ensure timely contributions.

What happens if the well becomes contaminated?

If the well becomes contaminated or no longer supplies adequate water, the rights and obligations outlined in the agreement will terminate. The parties will then have the option to connect to an alternative water source, with a reasonable time allowed for this transition.

Can landscaping be installed near the well?

No party may install landscaping or improvements that would impair the use of the easements associated with the well. This ensures that access for maintenance and operation is not obstructed.

How are disputes resolved under the agreement?

Any disputes arising from the Shared Well Agreement must be 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.

How can a party terminate their participation in the agreement?

A party wishing to terminate their participation must file a written statement of termination with the appropriate county office. After termination, the party must disconnect their lateral connection from the well system and will no longer be responsible for maintenance costs.