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2022.04.10 by 由布茶寮

Shared Well Agreement New Mexico

Shared Well Agreement in New Mexico: What You Need to Know

If you are a homeowner in New Mexico who shares a well with a neighbor or other property owner, you need to know about shared well agreements. These agreements are essential to ensure that all parties have access to clean and safe water from the shared well.

What is a shared well agreement?

A shared well agreement is a legally binding document that outlines the rights and responsibilities of each party involved in the shared well. It typically covers issues such as maintenance, repair, and payment of expenses related to the well.

In New Mexico, the State Engineer’s Office regulates all wells, including shared wells. To obtain a permit for a shared well, you must submit a well agreement that meets the state’s requirements. The agreement must be signed by all parties involved in the shared well.

What should be included in a shared well agreement?

A shared well agreement should include the following information:

1. Description of the well and its location – This includes the well’s depth, production capacity, and location on the property.

2. Ownership and access rights – This outlines who owns the well and each party’s right to access the well.

3. Maintenance and repair responsibilities – This specifies each party’s responsibilities for maintaining and repairing the well, including any associated costs.

4. Water quality and testing – This outlines the requirements for testing the water quality and who is responsible for testing.

5. Dispute resolution – This specifies how disputes related to the well will be resolved.

6. Termination – This outlines the process for terminating the shared well agreement.

What are the benefits of a shared well agreement?

A shared well agreement provides many benefits, including:

1. Ensuring access to safe and clean water – A shared well agreement ensures that all parties have access to safe and clean water from the well.

2. Preventing disputes – A shared well agreement outlines responsibilities and expectations, preventing disputes related to maintenance, repair, and access to the well.

3. Protection of property value – A shared well agreement can protect the value of the property by providing assurance of water supply to potential buyers.

In conclusion, if you share a well with other property owners in New Mexico, it is crucial to have a shared well agreement. This document protects your access to clean and safe water and ensures that all parties involved are aware of their responsibilities and obligations related to the well. Talk to a lawyer or a well professional to develop a shared well agreement that meets state regulations and protects your interests.

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