Water Well On Neighbors Property For Building Work Done
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FAQ
Using your neighbor's well without permission is generally not allowed and could lead to legal issues. However, if your neighbor agrees and you establish a legal easement, you may be able to use the well. Open communication is key to discussing the use of the water well on neighbors' property for building work done.
Homeowners that share a groundwater well system usually have a shared well agreement. If no legal agreement is in place, get one. A shared well agreement should specify cost sharing for powering, maintaining and repairing the groundwater system. In addition, the document should limit water use to domestic purposes.
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.
Because shared wells serve two to four households, the rate of wear they experience will be much greater, resulting in the need for more frequent repairs and maintenance. Homeowners who share the benefits of the well should also share in the cost to fix it, maintain it, or replace it.
Second, it is generally not effective to pour water into a dry well and extract it later. Depending on the geology at the well, residents typically recover as little as 10 percent of the introduced water.