If you are a homeowner in California who shares a well with another property owner, it is important to have a shared well agreement in place. This agreement outlines the rights and responsibilities of all parties involved in the shared well, and can prevent disputes and legal issues down the line.
A shared well agreement typically includes the following provisions:
– Ownership: The agreement should clearly state who owns the well and any associated equipment, such as pumps and tanks.
– Use: The agreement should outline how the well can be used, including the amount of water each party can withdraw and any restrictions on usage, such as watering schedules or restrictions during drought conditions.
– Maintenance: The agreement should specify who is responsible for maintaining the well and equipment, including regular inspections, repairs, and replacement. It should also outline what happens if one party does not fulfill their maintenance obligations.
– Access: The agreement should address issues of access, such as who has the right to access the well and when, and any restrictions on access to ensure the safety and privacy of all parties.
– Liability: The agreement should address liability issues, including potential damages resulting from well failure, leaks, or contamination. It should also outline how any damages or injuries will be resolved and who is financially responsible.
A shared well agreement should be drafted in consultation with an experienced attorney and reviewed by all parties involved. It is important to have a clear understanding of your rights and responsibilities as a shared well owner, and to have a solid agreement in place to protect your investment and ensure a reliable water supply.
In California, shared well agreements are governed by state law, which requires that all shared wells be registered with the local county or city. Failure to comply with these regulations can result in fines and legal repercussions.
If you are considering purchasing a property with a shared well or currently share a well with another property owner, it is recommended that you consult with a knowledgeable attorney to help you draft and execute a solid shared well agreement. By taking the time to create a clear and comprehensive agreement, you can avoid legal issues and ensure a reliable water supply for years to come.