Utah Shared Well Agreement

Third, agreements often refer to terms relating to the legal requirements of the Water Act. Oregon law requires a water use fee for any domestic use greater than 15,000 gallons per day under ORS 540,545 (1) (d). In addition, irrigation from a single household well of the 1/2 acre exempt group in accordance with ORS 540.545 (1) (b) must not exceed, which means that the parties to the well sharing agreement must share the 1/2 acre available for irrigation. Under Oregon law, each party does not have to have its own 1/2 hectare of outdoor irrigation. However, landowners can drill their own wells to provide additional irrigation if needed. Unfortunately, these agreements often omit the explicit allocation of external irrigation to the parties. Shared agreements with neighbors are complex and potentially chaotic relationships. To Humphries v. Becker, the parties reached an agreement on common wells, but did not correctly identify the drilling. [3] The land was transferred to a buyer who, on the basis of the seller`s statements, considered that the well subject to the common well agreement would be sufficient to supply both the house and its irrigation system. [4] In reality, the well that used the irrigation system was on a farmer`s adjacent land and was only used with his permission.

[5] The farmer interrupted the use of irrigation water in the event of a conflict between the buyer and the farmer. As a result, the buyer sued the seller for misrepresentation. [6] The fact that the original parties did not sufficiently identify the drilling products under the common drilling agreement meant that the seller had to bear the costs of costly litigation that could have been avoided. Creating a well-written shared agreement helps your customers avoid frequent pitfalls and costly litigation. A shared agreement is a contract for the drilling, maintenance and use of a well. As a contract, the essential provisions of the agreement must correctly identify the parties, land, well and water distribution systems, maintenance commitments, easements and registered water rights, if any. The parties must be identified with their full legal names exactly as stated in their document. The land, wells and easement sites subject to the agreement must be identified on the basis of valid legal descriptions and a diagram showing the location of the well and distribution system as exposures. Failure to properly identify and specify well uses and maintenance commitments in the agreement can lead to future misunderstandings and costly litigation. If you are considering buying a home with a common water well, the subcontractors of Mike Zimmerman Well Service LLC`s Z team can perform a thorough inspection and perform the necessary tests to ensure water quality and sufficient well performance.

Competently written agreements can also be controversial. Some of these quarrels arise because reasonable minds disagree on how best to deal with a problem, for example.B. when the well pump breaks and there is more than one way to fix it, or repair options vary in their costs and efficiency. . . .