Water Well Easement Agreement

Bio Author: For more than a decade, Macomber Law, PLLC has focused on real estate, land use, water and construction. Prior to attending the University of California Hastings College of the Law, Mr. Macomber spent 25 years in economics, real estate and construction. Mr. Macomber`s bachelor`s degree in business was obtained from George Fox University. On the other hand, the terms of the agreement are sometimes not written. The sale of neighbouring land served by a common well or the subdivision of real estate and the provision of well water by pipeline may create an unwritten agreement on well sharing. In the event of a dispute, the parties may take legal action to establish the agreement as tacit relief or an irrevocable license. Since the parties must define the terms of unwritten relief through costly litigation, parties who share a well should consider drafting a written agreement instead of “handshake agreements.” We discussed these kinds of agreements in a free webiner here. A common well is a well that supplies water to more than one property, generally, so installation and maintenance costs can be shared. We are told that some people feel that a steady flow of water resulting from the use of more than one property (up to a point where too much water is emptied) can improve the quality of the water to be drawn. For more information or questions about well contracts or any special situation, please contact one of our lawyers. First, these agreements generally share electricity and other expenses equally.

Conflicts often arise when one party supposedly consumes more water than the other, but each party pays the same amount. To avoid this problem, the terms can be assigned to the different parties depending on their use. This approach may require the installation of water meters to measure the water consumption of each property and renegotiate the terms of the agreement. The easiest way for parties to explain their purpose for the well is to explicitly limit the well to domestic use. Idaho exempts domestic groundwater uses from most permit and royalty requirements. [7] Idaho defines domestic uses as “water for homes, organizing camps, public campsites, livestock and other purposes, including irrigation of half a hectare (1/2) of hectares if the total use does not exceed thirteen thousand (13,000) gallons per day.” [8] However, if the owner uses water for several property areas, trailer parks, commercial or commercial buildings, it is limited to 2500 gallons per day. [9] For many landowners, limiting their agreement to national uses will cover their water needs. If the use of the parties exceeds the legal definition of domestic use, they must acquire a new right to water. There are many types of facilities, but a few common examples are: on the other hand, the parts of the contracts in these agreements contain the terms of the contract. These contractual requirements are contractually contractually employment with the sale of the land to new owners.

For example, the agreement generally requires landowners to share electricity and maintenance costs.