Shared Well Agreement Template

This Shared Well Agreement is made on [Date] by and between:

Owner 1: [Full Name]
Address: [Address]

Owner 2: [Full Name]
Address: [Address]

Additional Owners, if any: [Names and Addresses]

1. Properties Served

This Agreement applies to the following properties that share the well system:

Property 1 Address: [Address]
Legal Description: [Legal Description]

Property 2 Address: [Address]
Legal Description: [Legal Description]

Additional Property, if any: [Address and Legal Description]

2. Well System Information

The shared well system is located at:

[Well Location]

The shared system includes, as applicable:

[Well]
[Pump]
[Pressure Tank]
[Storage Tank]
[Water Lines]
[Electrical Components]
[Other Equipment]

3. Water Use Rights

Each party shall have the right to use water from the shared well for normal residential, agricultural, or other permitted purposes as follows:

[Describe permitted use]

No party may use the well in a manner that unreasonably interferes with the water access or pressure available to another party.

4. Access Rights

Each party shall have reasonable access to the well site and related equipment when necessary for inspection, maintenance, testing, repair, or replacement.

Except in emergencies, a party entering another party’s property for this purpose shall provide reasonable advance notice.

5. Maintenance and Repairs

Routine maintenance and necessary repairs to the shared well system shall be handled as follows:

[Describe who is responsible]

Maintenance and repair costs shall be shared in the following manner:

☐ equally among all parties
☐ based on number of properties served
☐ based on water usage
☐ as follows: [Describe]

6. Major Replacement Costs

If the well, pump, tank, or another major component must be replaced, the parties shall share the cost as follows:

[Describe cost-sharing method]

Unless otherwise agreed in writing, no major replacement work shall be performed without notice to the other parties, except in an emergency.

7. Utilities and Operating Costs

Electricity, monitoring, testing, treatment, and other ongoing operating costs shall be paid as follows:

[Describe payment responsibility]

Each party shall pay their share within [Number] days after receiving written notice or a copy of the bill.

8. Water Testing and Quality

The parties agree that water testing shall be performed:

☐ annually
☐ as required by law
☐ when contamination is suspected
☐ as follows: [Describe]

The costs of testing and any necessary treatment shall be shared as follows:

[Describe responsibility]

9. Failure to Pay or Cooperate

If a party fails to pay their required share or otherwise fails to cooperate under this Agreement, the non-defaulting party or parties may provide written notice requiring correction within [Number] days.

If the default is not corrected, the non-defaulting party or parties may pursue any rights available under this Agreement or applicable law.

10. Term and Transfer

This Agreement shall be:

☐ perpetual
☐ effective until [Date]
☐ effective until terminated by written agreement of all parties

The parties intend that this Agreement shall:

☐ run with the land and bind future owners
☐ apply only to the current parties unless otherwise agreed in writing

11. Governing Law

This Agreement shall be governed by the laws of the state of [State].

12. Signatures

Owner 1 Signature: __________________________
Name: [Full Name]
Date: [Date]

Owner 2 Signature: __________________________
Name: [Full Name]
Date: [Date]

Additional Owner Signature: __________________________
Name: [Full Name]
Date: [Date]

13. Notary Acknowledgment

State of [State]
County of [County]

On this [Day] of [Month], [Year], before me, the undersigned notary public, personally appeared [Name of Signer(s)], known to me or satisfactorily proven to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged that they executed the same for the purposes stated herein.

Notary Public Signature: __________________________
Name: [Notary Name]
My Commission Expires: [Date]