Oregon Shared Well Water Agreement

Category:
State:
Oregon
Control #:
OR-LR005T
Format:
Word; 
Rich Text
Instant download

Description

The following form is an agreement between three landowners to share a well located on one of the landowner's property.

Definition and meaning

The Oregon Shared Well Water Agreement is a legal document that outlines the terms and conditions under which multiple property owners share a single well water source. This agreement establishes the rights and responsibilities of each party involved, ensuring a reliable water supply while addressing maintenance, costs, and usage limitations. Having this agreement is crucial to prevent disputes related to water rights and maintenance of the shared water system.

Who should use this form

This agreement is relevant to property owners in Oregon who share a well or intend to share a well water source with one or more neighboring properties. It is particularly beneficial for owners of residential homes, farms, or any property reliant on well water. By using this form, these property owners can clearly define their rights and obligations, ensuring a harmonious relationship and reliable access to water.

Key components of the form

The Oregon Shared Well Water Agreement includes several critical components:

  • Identification of parties: Specifies the supplying party and supplied parties involved.
  • Description of property: Details the parcels of land using the well.
  • Water usage rights: Outlines who can draw water and for what purposes.
  • Cost-sharing provisions: Details how the costs for maintenance and energy usage are calculated and divided among the parties.
  • Easements: Grants necessary access for maintenance and emergency situations.
  • Termination clauses: States the conditions under which the agreement can be terminated.

How to complete a form

Completing the Oregon Shared Well Water Agreement involves the following steps:

  1. Fill in the date: Start by entering the date of the agreement.
  2. Identify the parties: Clearly state the names of all parties involved.
  3. Provide the property details: Enter the specific details for each parcel of land associated with the well.
  4. Specify water usage rights: Define how water will be used and any limitations.
  5. Cost-sharing agreement: Outline how costs will be divided and payment methods.
  6. Include signatures: Ensure all parties sign and date the agreement.

After completing the form, each party should keep a signed copy for their records.

Common mistakes to avoid when using this form

Avoid the following common mistakes to ensure the Oregon Shared Well Water Agreement is valid:

  • Incomplete information: Ensure that all sections are filled out completely, including property details and party identification.
  • Missing signatures: All involved parties must sign the agreement; unsigned documents are not legally binding.
  • Neglecting amendments: Be mindful of necessary amendments to reflect changes in ownership or property status.
  • Ignoring state requirements: Familiarize yourself with any specific Oregon regulations pertaining to shared well agreements.

What to expect during notarization or witnessing

When finalizing the Oregon Shared Well Water Agreement, notarization is an important step. Here’s what to expect:

  • Identification: All parties must present valid identification to the notary public.
  • Signing in front of the notary: The agreement must be signed in the presence of the notary to ensure authenticity.
  • Notary's signature and seal: The notary will sign and affix their seal on the document, confirming its legitimacy.

Once notarized, the agreement becomes a legally enforceable document, protecting the interests of all parties involved.

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How to fill out Oregon Shared Well Water Agreement?

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FAQ

It doesn't affect value. I ask for a copy of the water sharing agreement.

Name and address of the supplying party. Name and address of the supplied party. Address of the property with the well. Legal description of the property (Parcel 1) Legal description of the Parcel 2. Conditions of the agreement.

An easement would give you, and any subsequent buyers, the right to have your well on the neighbor's property and to access the property in order to maintain the well. An easement can be created without the need to involve surveyors and the county.

The most common is each member pays $15-20 per month (or $180-240 per year) for the use of the water/basic maintenance.It's a great system because many wells produce more water than one home can possibly use. When a well is shared, it lowers the cost of use dramatically for everyone involved.

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.

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.

4: Get a Shared Well Agreement. 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.

Shared water system means a water system that serves, or is intended to serve, two living units or commercial structures units or a combination of both.Shared water system means a water system that serves, or is intended to serve, two living units or commercial structures units or a combination.

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.

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Oregon Shared Well Water Agreement