A shared well agreement form is a legal document that outlines the terms and conditions of sharing a well between two or more property owners. In Oregon, shared well agreements are common in rural areas where access to water sources may be limited.
If you are considering drilling a well with your neighbor or purchasing a property with a shared well, it is crucial to have a shared well agreement to prevent conflicts and ensure fair usage of the water supply. Here are some important things to know about shared well agreements in Oregon.
1. Legal requirements
In Oregon, a shared well agreement must be in writing and signed by all parties involved. The agreement should include a detailed description of the well, including its location, depth, and pumping capacity. It also needs to state the rights and responsibilities of each party, such as maintenance and repair costs, water usage restrictions, and allocation of water rights.
2. Water Rights
In Oregon, water rights are a separate legal issue from land ownership. An individual or entity can own the land, but they may not necessarily own the water rights. It is essential to understand the water rights associated with the well before entering into a shared well agreement.
3. Restrictions
Oregon has several restrictions on water usage, especially during droughts. The state has established a water law system that provides water rights to individuals or entities based on seniority, which means those with more senior rights have priority access to water. The shared well agreement must comply with these state restrictions and water law.
4. Maintenance
All parties involved in a shared well agreement have a responsibility to maintain and repair the well and its components. The agreement should state how maintenance and repair costs will be shared among the parties. Proper maintenance of the well ensures it remains in good working condition and produces safe drinking water.
In conclusion, a shared well agreement is an essential legal document that protects the interests of all parties involved in a shared well arrangement. It outlines the terms and conditions of water usage and rights in compliance with the state water laws and restrictions. As an Oregon property owner, it is crucial to have a shared well agreement in place to prevent conflicts and ensure fair usage of the water supply.
