Shared Well Agreement Washington State

D. Any land development within Skamania County, including new water wells or the closure of existing wells, must meet all applicable WaC minimum standards for the construction and maintenance of wells, in accordance with Chapter 173-160. All subsequent amendments to Chapter 173-160 WAC shall be considered included in this Chapter, without any further amendments being required. 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.

Shared agreements with neighbors are complex and potentially chaotic relationships. In 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. The simplest way for the parties to indicate their purpose for the well is to explicitly limit the well to domestic use.. . .

.

CategoriesUncategorized