If you`re a property owner in Washington State who shares a well with your neighbors, it`s important to have a shared well agreement in place. These agreements are designed to help establish rights, responsibilities, and obligations related to the operation, maintenance, and use of the shared well.
In Washington State, shared well agreements are typically governed by the State`s water laws. Specifically, the State`s Water Resources Act provides guidance on how to allocate and manage water resources within the state. Additionally, local county ordinances may also provide guidance on shared well agreements and other related matters.
Some of the key provisions that you should consider when drafting a shared well agreement include the following:
1. Ownership: The first provision that should be discussed in your shared well agreement is ownership. It is crucial to establish who owns the well, how much of the well each party owns, and any conditions or requirements for transferring ownership in the future.
2. Access: The second provision of your shared well agreement should discuss how parties will access the well. This includes outlining procedures for accessing the well and any limitations on access, such as time limitations or shared expenses for repairs.
3. Maintenance: Your shared well agreement should also outline maintenance responsibilities. This includes things like regular check-ups, repairs, and maintenance costs.
4. Water Allocation: Another critical provision in your shared well agreement is water allocation. Your agreement should outline how water use will be allocated amongst parties, given that the shared well is the primary water source for all parties involved. This includes details on how much water each party is entitled to, any restrictions on use, and how to resolve any conflicts that may arise.
5. Liabilities: Finally, your shared well agreement should include provisions related to liabilities. This includes provisions related to any damages or expenses related to the well, such as damages caused by misuse or tenant negligence.
In conclusion, shared well agreements are an essential aspect of managing property that shares a well. They help establish ownership rights, obligations, and responsibilities related to the maintenance, use, and allocation of water resources. By following the guidelines provided by state water laws and local county ordinances and including the provisions mentioned above, you can ensure that your shared well agreement is comprehensive, fair, and legally binding.
