Shared Well Laws Arizona With Water

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

The Shared Well Agreement serves as a legal document facilitating shared water access among multiple property owners in Arizona. This agreement outlines the rights and responsibilities of the supplying party and the supplied parties regarding the use of a shared well system. Key features include granting access to water for domestic use while prohibiting use for filling swimming pools, detailing cost-sharing for maintenance and repairs, and defining emergency access protocols. The agreement emphasizes the importance of proper maintenance and the consequences of contamination or unavailability of water. This document is crucial for attorneys, partners, and owners involved in property management, as it clarifies obligations and protects their interests in shared resources. Paralegals and legal assistants may find the form useful for drafting and ensuring compliance with local laws, while associates can use it as a reference for legal discussions related to shared water rights.
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FAQ

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.

Some say this is because it is illegal to deny someone water in Arizona. A listener asked if this law really exists, and KJZZ's Q&AZ reporting project found the answer. The origins of a law in Arizona making it illegal to deny someone water are unknown. Despite being repeated for decades, there is no such law.

A shared well agreement is a civil matter between the private parties agreeing to share the well. The Department does not regulate shared well agreements and cannot advise you on them. Therefore, the Department has no regulations pertaining to how many people can share a well.

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.

In many rural areas, it is common to find one or more homeowners sharing a single well system. Modern wells allow access to groundwater, supplying water to 23 million households nationwide. When installed and maintained properly, wells can provide safe, affordable water for many years.

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Shared Well Laws Arizona With Water