Shared Well Laws Arizona Foreclosure

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

Description

The Shared Well Agreement outlines the rights and obligations of property owners sharing a common well system in Arizona, particularly in relation to foreclosure scenarios. This agreement ensures that all parties involved, referred to as supplying and supplied parties, have access to water for domestic use, while also addressing the maintenance and operational costs associated with the well. Key features include provisions for emergency repairs, limitations on water use, and the manner in which costs are shared amongst the property owners. The agreement is designed to serve a maximum of five single-family dwelling units, ensuring clarity on maintenance responsibilities and water usage rights. Users must complete the document with specific property details and signatures, and it is advisable to have the document notarized to assure its legitimacy. This form is particularly beneficial for attorneys, partners, and paralegals involved in property law, providing a structured approach for managing communal resources. Legal assistants and associates will find it useful for drafting and executing agreements that safeguard their clients' water rights and responsibilities, especially in foreclosure cases where property titles may change hands.
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FAQ

Hear this out loud PauseWhat is an exempt well? An exempt well is a well having a pump with a maximum capacity of not more than thirty-five gallons per minute which is used to withdraw groundwater pursuant to section 45-454. A.R.S. § 45-402(8).

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.

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.

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.

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.

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Shared Well Laws Arizona Foreclosure