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Koelker`s buyer was able to reassure his interest in his well, but this was only through a default judgment. If the buyer had not done so, he might have been forced to share his well with third parties. The easiest way to avoid the problem in Koelker is for the parties to register the agreement in the district writer`s office in the county where the well is located. If service links are outside that county, the agreement should also be registered in the other county. As with any document that governs ongoing ownership interests with the country, amendments should be written and recorded. [16] After identifying in the agreement the parties, characteristics and purpose of the agreement, it is appropriate to clarify who is responsible for the costs of installing, operating and maintaining the borehole. Water users should be jointly and severally liable for the authorised use and maintenance of the well. If you take the time to determine how the parties allocate the costs of maintaining, repairing, upgrading and replacing well equipment, including the date of payment of these fees, disputes between the parties and subsequent owners can be avoided. A common well is a well that supplies more than one property with water, which allows for the sharing of installation and maintenance costs. We are told that some feel that a steady flow of water resulting from the use by more than one property (up to a certain point where too much water is emptied) can improve the quality of the water withdrawn.

In a common well agreement, the parties must grant other parties non-exclusive reciprocal service rights to access the well house and water distribution pipes for repairs, maintenance, separation and other necessary reasons. Setting a surveyor to map these easements is a good way to ensure the accuracy of the location. Easements must be at least four feet on either side of the underlying water line so that a tractor or trench pit can go up and out for repair. After the visit and addition as an appendix to the agreement, the provisions must stipulate that these easements remain intact when one party terminates the contract, for as long as other parties so require, or if the parties do not agree to modify or terminate the easements in writing. One of the options available to the parties to a shared agreement is to enforce the agreement. However, litigation can cost several times the cost of a well repair and take too long to get water for morning coffee. For this reason, the parties may wish to include a mediation or arbitration clause. Arbitration is generally less costly than litigation and involves the parties.

Ensure that there are call and response notifications and performance rules that require communication between the parties to the agreement and measures to ensure timely resolution of disputes. In addition to maintenance and repair costs, owners of private wells are responsible for the fact that the water is drinkable. The Idaho Quality Department recommends that well owners test their drinking water at least once a year to make sure it is safe for consumption. Three of the most common impurities in Idaho are nitrates, total coliform, and arsenic. [10] To test their water, the parties may take water samples themselves and have them tested by a laboratory or have a sample taken by an environmental advisor. Include these water quality control and testing frequency requirements in the agreement. 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, the land, the well and water distribution system, the maintenance commitments, the easements and the registered water rights, if any.. .

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