Maintaining a Shared Well
Managing a shared well in Arizona comes with significant responsibilities. Ensuring a safe and sustainable water supply requires regular testing, proper maintenance, and an understanding of local groundwater conditions. Arizona’s groundwater resources are under...
Well Registry Number
The Arizona Groundwater Management Act of 1980, mandated that all property owners register their wells with the Arizona Department of Water Resources ("ADWR"). The Act also requires all well owners to maintain accurate ownership information with the ADWR. Frequently...
Benefits of Shared Well Agreements
A well-drafted shared well agreement is not one-size-fits-all—it must be carefully tailored to the unique circumstances of each property and group of homeowners. By clearly outlining the rights, responsibilities, and limitations of each party, a customized agreement...
Motion for Summary Judgment
What is a Motion for Summary Judgment? In civil lawsuits, a Motion for Summary Judgment is a formal request to a judge asserting that a trial is unnecessary. It argues that the facts are undisputed, meaning both sides agree on what happened, and that based on those...
Evictions and Ownership Disputes
Arizona law is clear that eviction cases are designed to address the issue of possession and not the issue of property ownership. The limited scope of a forcible entry and detainer action has been strictly defined by Arizona statute. A.R.S. § 12-1177(A) states in...
Assessment Lien Well
It is common for well share agreements to have a provision whereby a lien can be levied under ARS 33-1256 and ARS 33-1257 for unpaid dues. Steps to Recording an Assessment Lien Pre-lien Letter. At least thirty (30) days prior to recording an assessment lien on a...
Discovery in Litigation
What is Discovery of Evidence? During a lawsuit, each party has the opportunity to request formal “discovery” from the opposing party. The Discovery process is accomplished in a variety of ways, one is to send the opposing party a formal set of requests. These...
What is a Lis Pendens
Lis Pendens is a formal notice recorded with the local county recorder that puts the world on notice that there is pending legal action regarding a specific piece of real property. The lis pendens is filed with the clerk of the court and then filed with the...
Injunctions and Shared Wells
In the world of law, there are times when simply awarding money will not resolve a dispute. Sometimes, you need the court to step in and say, "Stop that!" or, less commonly, "Make it happen!" That's where injunctions come in. An injunction is an order issued by a...
Motion In Limine
Understanding Motions in Limine in Arizona Litigation Motions in limine play a critical role in shaping what evidence is ultimately presented to a jury. These pretrial motions are often filed in both civil and criminal cases and can significantly influence the course...
Eviction Trials in Arizona
What Is the Difference Between an Eviction Hearing and Eviction Trial? Every residential eviction in Arizona requires a hearing but occasionally a case will also be set for trial. An eviction case will be set for trial if a tenant appears at the initial hearing and...
Surface Water Rights
Learn How to Purchase Surface Water Rights in Arizona On June 12, 1919, the Arizona Surface Water Code was enacted. Now known as the Public Water Code, this law provides that a person must apply for and obtain a permit and certificate to appropriate (use) surface...
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