Tarrant Texas Shared Well Water Agreement
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FAQ
Proper well design addressing current and future costs can save owners money. The design of a water well should reflect a consideration of its cost during the entire life of the well, typically from 25 to more than 100 years.
Any abandoned wells must be plugged to District and TDLR rules or specifications. For multiple water wells on the same tract of land over 5 acres there shall be a minimum of 5 acres per well to help ensure the wells will still be considered as exempt /registered wells.
The practical effect of Texas groundwater law is that one landowner can dry up an adjoining landowner's well and the landowner with the dry well is without a legal remedy. Texas courts have refused to adopt the American rule of "reasonable use" with respect to groundwater.
Landowners have the right to capture any groundwater beneath their property based on a legal doctrine called the Rule of Capture. According to this doctrine, a landowner may extract or pump whatever groundwater water he or she can beneficially use or sell regardless of the impact on nearby property owners.
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.
Under the Rule of Capture, a landowner needs no permit to drill a well and pump groundwater, and he may pump as much water as he may beneficially use even if that causes his neighbor's well to go dry. He may also sell the water withdrawn from the ground for use at any location.
The Cons of A Shared Well Any time we share a resource we are limiting the Control of the resource. Additionally, each well has a maximum flow of water it can yield, and if the flow rate may not be high enough to meet all the parties' intended uses such as domestic water use as well as irrigation.
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.
The wells average about 600 feet, but can range anywhere between 60 feet to 1,260 feet depending on location. There are approximately 200 feet between zones in aquifers underground that's how much farther drillers have to go on average to hit water in an aquifer when the zone above is dry.
Wellcare® information on Sharing a Well o must be capable of providing at least three gallons per minute for existing wells and five gallons per minute for new construction over a continuous four-hour period.