The buyer at Koelker was able to reassure his interest in his well, but this was only by default judgment. If the buyer had not done so, he might have been forced to share his well with third parties. The easiest way to avoid the problem in Koelker is for the parties to register the agreement at the district registry office in the county where the well is located. Wenn sich Dienstverbindungen au-erhalb dieses Landkreiss befinden, sollte die Vereinbarung auch im anderen Landkreis erfasst werden. As with any document that governs the property interests that run with the land, the amendments should also be written and recorded. [16] In order to avoid confusion, the parties must clearly state their purpose of a property exchange agreement, which is usually the transfer of a property right into the water. Parties should consider whether their use will be continuous, periodic or seasonal. In addition, the provisions of the agreement should specify that the intended use is exclusively for domestic use or that it covers agriculture or commercial use. Clear expressions of the purpose of the well contract can avoid trouble between the current parties and all subsequent owners of the land under agreement. One of the options available to the parties to a sharing agreement is to continue the implementation of the agreement. However, litigation can cost several times the cost of a well repair and take too long to get water for morning coffee.
For this reason, the parties may include a mediation or arbitration clause. Arbitration procedures are generally more favourable than disputes and are binding on the parties. Ensure that there are call and response communications and performance rules that require communication between the parties and measures to ensure timely dispute resolution. It is preferable for the parties to think about how the costs will be allocated if the use of the well is extended in the future. Even if a common well is only used for domestic use, an increase in the water table that is removed may require a larger well or larger infrastructure. If one party wants to expand its use of the well and the other does not, it could lead to a conflict between them over possible additional costs associated with the expansion. A frequent restriction on the fountains of the house is a bar to use water for swimming pools. Other identifiable uses of large quantities should be expressly deterred in the agreement, either by identifying the use or by measuring the use of water volume for the different compounds.
[10] See Idaho Department of Environmental Quality, www.deq.idaho.gov/water-quality/ground-water/private-wells.aspx (last june 13, 2017). After the agreement has identified the parties, properties and purpose of the agreement, it must indicate who is responsible for the costs of installing, operating and maintaining the well. Water users should be jointly responsible for the authorized use and maintenance of wells. Taking the time to specify how the parties will allocate the costs of maintaining, repairing, upgrading and replacing well equipment, including the date of payment of these costs, can help avoid disputes between the parties and subsequent owners.