How does a Shared Well Work? A Shared Well most commonly involves adjacent homeowners who elect to share the water of a single private well. The water rights are outlined in a legal document called a Shared Well Agreement.
Well is Owned by Those Named on the Deed When a shared well site is situated on a parcel of land that is deeded and recorded in the appropriate Arizona county, the well is owned by the names listed on that deed.
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 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.
Call the title company who did the closing. There should have been that shared well agreement or something similar recorded with the clerk of court.
Initially, shared wells may seem like a practical arrangement to reduce costs. However, discrepancies in water usage during droughts or dry seasons can strain relationships and lead to disagreements. Maintenance and upgrades become shared responsibilities, further complicating matters.