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Shared Well Agreements

By Theresa Petrey, Esq.

In general, the following will apply to determining what rules apply to shared wells in Washington State:

The Department of Ecology is involved in this process at a State level but counties and municipalities carry out the bulk of the work and the reporting. County and City rules on shared wells are not uniform throughout the State of Washington. No prohibiition exists in Washington State against selling a property without adequate water access or rights, but building permits generally are not issued without the water availability being resolved.

Even if a particular jurisdiction does not require a shared well agreement, often lenders require it. Similarly, deeds should reflect any easements created by the 100 foot radius requirement. So, some cities or counties have required both a declaration covenant and a restrictive covenant in addition to the shared well agreement. These legal documents, if required, would be in addition to any testing, forms and diagrams required by the jurisdiction. There would also be recording fees as well as possible implications for the entanglement with other land use regulations.

Good shared well agreements, like good fences, make for good neighbors. Important safeguards include provisions for apportioning the liability for vandalism, damage by guests or tenants, limitations or provisions for consent by all parties to accessory or additional dwelling units, emergency repairs and or shut off, and provisions for abandonment, termination and dispute resolution.

Full post as published by The Law Blawg of Theresa Petrey, PLLC on February 26, 2009 (boomark / email).