If you live in Georgia and share a well with your neighbors, it’s crucial to have a shared well agreement in place to avoid any future disputes or legal issues. A shared well agreement is a legal document that outlines the terms and conditions of using and maintaining a shared well.
In Georgia, the Environmental Protection Division (EPD) regulates private water systems, including shared wells. The EPD requires that all shared wells have a written agreement in place that specifies how the well will be used, maintained, and repaired. Failure to comply with this regulation can result in fines, legal fees, and even the closure of the well.
A shared well agreement should cover the following key points:
1. Well Use
The agreement must specify who can use the well, how much water they can use, and for what purposes. For example, can the water be used for irrigation or only for household purposes?
2. Maintenance and Repairs
The agreement should mention who is responsible for maintaining the well and how often it should be inspected. It should also clarify who will pay for any repairs or upgrades needed.
3. Costs and Fees
The agreement must mention the cost of operating and maintaining the well and how the costs will be shared among the parties involved.
It’s a good practice to include an arbitration clause in the agreement. This will help to resolve any disputes that may arise between the parties regarding the well.
In summary, a shared well agreement is a crucial legal document that ensures that all parties involved in using and maintaining a shared well in Georgia are on the same page. It’s essential to have the agreement in place to avoid any potential legal issues, fines, or closure of the well. If you do not have a shared well agreement in place, it’s best to consult an experienced attorney who can draft one for you that meets all the necessary requirements.