Shared Well Laws Arizona For Homeowners

State:
Arizona
Category:
Control #:
AZ-064LRS
Format:
Word
103 downloads

Description

The Shared Well Agreement outlines the terms and conditions for homeowners in Arizona who share a well and water distribution system. This legal document is essential for defining the rights and responsibilities of all parties involved, ensuring that adequate water is provided for domestic use while also managing maintenance and replacement costs. Key features include the obligation for each party to contribute to operation expenses, the provision for emergency access, and restrictions on use by non-household members. The agreement lasts indefinitely, but it can be terminated under specific circumstances, such as well contamination or a new water source becoming available. Attorneys, partners, and homeowners can utilize this form to formalize shared water usage, preventing disputes and ensuring compliance with state regulations. For legal assistants and paralegals, the document serves as a template for drafting agreements and managing client relations regarding shared water resources in compliance with Arizona's shared well laws.
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FAQ

By definition, a shared well is a well that services more than one home whether its for residential or irrigation purposes. They can service up to two or more homes, and if there were more than four, then it would be classified as a community well.

A public water system is officially defined as having a least 15 connections or serve 25 persons or more and operate for more than 60 days of the year. There are many shared well systems operating in Arizona today that are serving fewer that 15 homes, but they have more than 25 people living full time served by them.

Well share agreements are private contracts executed by private parties to govern the manner in which a well provides water to multiple properties. While Arizona water law governs how a well is to be drilled and located, it does not govern the operation or management of a well share agreement.

Yes. Private water well Notice of Intent (NOI) permit applications, for properties up to five acres, are available at our office, through Arizona Department of Water Resources (ADWR), or through your drilling company. The application must be filled out completely and accurately, including well driller information.

exempt well is a well having a pump with a maximum capacity of more than thirtyfive gallons per minute which is used to withdraw groundwater.

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Shared Well Laws Arizona For Homeowners