Ideally, a registered drilling agreement should include a reference to the location of the well (including whether it is at a boundary or at the exact location of a person`s land). The characteristics of access to other characteristics, including for the maintenance of water pipes, shall be indicated. For example, if the well is divided into several successive properties, properties further away from the well must record agreement on the additional properties that their water pipe passes through. The agreement should specify which owner will receive the electricity bill and how costs will be shared, including when and how payments will be made. It is important to determine who can decide when maintenance and repair may be required and how maintenance and repair costs will be allocated. In certain circumstances, the parties suspend the shutdown of water services under the agreement. If a party finds a new water source, such as a new well or municipal water source, it may need time to build and commission its new water source. Agreements that allow parties to use water for a reasonable amount of time before putting their new systems online are beneficial. Seasonal factors such as frozen soils in winter or water for landscaping and rearing in summer should also be taken into consideration. If you want to buy a house, you need to ask or find out if there is a common well, unless you are sure that the property has communal water. If the property is served by a common well, we advise buyers to always draw the attention of their lawyer and consult a lawyer before accepting the offer to purchase, or at least to subordinate the offer to the lawyer`s agreement and draw the lawyer`s attention to this issue. Here too, it is worth drawing the attention of lawyers to common wells or well agreements in order to be able to properly advise their clients. The lawyer can perform a title search (if the broker has not already done so) to find out if a well agreement is registered against the security.
It is not enough to require a seller to make a well agreement (which is a simple old agreement between former owners) – it should be a registered well agreement (registered with the Land Titles Office) that has been verified by the buyer`s lawyer. The buyer will want to know on what land the well is located, whether the contract is registered with the Land Titles Office and, if so, what it says in terms of electricity and other costs. The easiest way for the parties to indicate their purpose for the well is to explicitly limit the well to domestic use. Idaho exempts domestic use of groundwater from most permit and royalty requirements.  Idaho defines domestic uses as “water for homes, organizing camps, public campsites, livestock, and for any other use, including irrigation of half a hectare (1/2) of a hectare if the total use is not more than thirteen thousand gallons (13,000) gallons per day.”  However, if the owner of the land uses water for multiple subdivisions of ownership, trailer fleets, businesses or businesses, it is limited to 2500 gallons per day.  For many landowners, limiting their agreement to domestic uses will cover their water needs. . . .