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Recording Shared Well Agreements

A completed well share agreement must recorded with the appropriate Arizona county recorder. Once recorded, a copy of the agreement should be delivered to the Arizona Department of Water Resources.

Understanding the importance of recording a well share agreement, starts with an understanding of the difference between “real property” and “personal property”.

Real Property. Is also known as “real estate” or “realty,” refers to immovable or fixed property. It comprises land and everything permanently attached to it, such as buildings, houses, and other structures. Additionally, real property can encompass natural resources present on the land, including minerals, water bodies, trees, and crops that are grown on it. The ownership of real property grants the holder not only the land but also the rights to the structures and resources present on it.

Personal Property. Refers to assets that are not attached to land and can be moved from one location to another without altering their fundamental characteristics. Personal property encompasses a wide range of items, including furniture, vehicles, electronics, jewelry, and other tangible belongings.

Arizona Wells Become “Real Property”.

The State of Arizona owns the groundwater beneath real property! Groundwater is not real property. Percolating water beneath the earth is called “groundwater” and is considered “public” property managed by the Arizona Department of Water Resources. Just Owning Land Does Not Give Rights to the Groundwater Beneath the Land!

Once water is pumped to the surface–from an approved well–and placed into a storage tank, it becomes the personal property of the landowner.

recording it with the county recorder

A shared well agreement must be filed with the county recorder in which the shared well lies. For example, if the shared well is located in Maricopa County, Arizona then it needs to be recorded with the Maricopa County Recorder’s office.

Apache County Recorder’s Office:
Cochise County Recorder’s Office:
Coconino County Recorder’s Office:
Gila County Recorder’s Office:
Graham County Recorder’s Office:
Greenlee County Recorder’s Office:
La Paz County Recorder’s Office:
Maricopa County Recorder’s Office:
Mohave County Recorder’s Office:
Navajo County Recorder’s Office:
Pima County Recorder’s Office:
Pinal County Recorder’s Office:
Santa Cruz County Recorder’s Office:
Yavapai County Recorder’s Office:
Yuma County Recorder’s Office

***NOTE: The Arizona Shared Well Agreement must be recorded with the relevant Arizona county recorder before it can be submitted to the Arizona Department of Water Resources.

recording your well agreement with the arizona department of water resources

Only after the shared well agreement has been recorded with the county recorder can it be sent to the Arizona Department of Water Resources. Click HERE for a detailed blogpost on how to provide the ADWR is a recorded copy of your well share agreement.

If you have questions about your shared well agreement then contact the Dunaway Law Group, PLC at 480-702-1610 or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the states of Arizona and New York.

Partial Rent Payments

accepting partial rent payments

Accepting a partial rent payment will prevent an Arizona landlord from evicting a tenant for non-payment of rent during that calendar month. If an Arizona landlord accepts any money from a tenant–even one dollar–that tenant cannot be evicted during that month for non-payment of rent.

A.R.S. 33-1371(A) states in part:

“acceptance of rent, or any portion thereof,..by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.”
A.R.S. 33-1371(A)

The above statute makes it impossible for an Arizona landlord to accept a partial payment and then evict that tenant during that same month for non-payment of rent. As a landlord, if you accept even $1 from your Arizona tenant then you must wait until the next month to begin the eviction process.

On the flipside, Arizona landlords have no obligation to accept partial rent payments. See the following statute.

A.R.S. 33-1371(A) states in part:

“A landlord is not required to accept a partial payment of rent or other charges.”
A.R.S. 33-1371(A)

What Should You do if a Tenant makes a Partial Payment?

An Arizona landlord should formally reject any partial payments made by a tenant. You need to return the payment along with a Notice of Formal Rejection of Partial Payment. Many tenants will submit partial payments hoping their landlord will accept it.

tenants receiving government subsidies

A.R.S. 33-1371 makes it clear that the acceptance of a housing assistance payment by a landlord does not constitute an acceptance of partial payment of rent or waive the landlord’s right to terminate a rental agreement for any breach by the tenant.

B. For the purposes of this section, a landlord’s acceptance of a housing assistance payment does not constitute an acceptance of a partial payment of rent or a waiver of a landlord’s right to terminate the rental agreement for any breach by the tenant.
A.R.S. 33-1371(B)

Specifies that acceptance of a housing assistance payment by a landlord does not constitute an acceptance of partial payment of rent or waive the landlord’s right to terminate a rental agreement for any breach by the tenant.

“Housing assistance payment” means any payment made to the landlord by a government agency, a public housing authority or any third party on behalf of a government agency, a public housing authority or any for-profit entity pursuant to a separate written rental assistance or subsidy contract between the landlord and the government agency, public housing authority or third party on behalf of a government agency, public housing authority or for-profit entity. Housing assistance payment does not include any payment made by a faith-based organization, a community action agency program or a nonprofit entity.
A.R.S. 33-1310(6)

A.R.S. 33-1310(6) Defines housing assistance payment to include any payment made to a landlord pursuant to a separate written rental assistance or subsidy contract by a:
- government agency;
- public housing authority;
- third party on behalf of a government agency, public housing authority; or
- for-profit entity.
  - Examples include (but are not limited to): A city or county public housing authority providing “Housing Choice Vouchers” or “Section 8” vouchers or a for-profit entity such as HOM, Inc., providing Rapid Rehousing or Permanent Supportive Housing vouchers.
A housing assistance payment does not include any payment made by a:
- faith-based organization;
- community action agency program; or
- non-profit entity.
- Acceptance of a partial payment of rent or any housing subsidy from a faith-based organization, community action agency or non-profit entity (absent of a contemporaneous written agreement) will waive the landlord’s right to terminate a rental agreement for any previous breach of the rental agreement by the tenant.
- If a landlord wishes to accept a partial payment of rent or any housing subsidy from a faith-based organization, community action agency or non-profit entity and not waive their right to terminate the rental agreement, then the landlord and tenant must enter into a contemporaneous written agreement at the time that the partial payment of rent or housing subsidy is made.

If you are an Arizona landlord and have questions about a tent making partial rent payments, then contact the Dunaway Law Group by messaging us HERE or calling our offices at 480-702-1608.

Designated Bank Account for Well

Shared well bank accounts are used to pay for water well electricity, well repairs, and well maintenance. Traditionally, each property owner pays a flat amount to cover the cost of the electricity and to set aside money for repairs.

A well share bank account can help the parties save a little each month to cover the cost of expensive repairs.

1. Pay the Electricity Costs for the Well

Electric pumps bring water from the well into a storage tank. Traditionally, there is a single electricity meter attached to the pump. As such, it is impossible to tell how much electricity was used to deliver water to a particular household. For this reason, most Parties to a shared well agreement pay an equal amount of money each month for the electricity.

2. Save for Major Repairs to the Water Well

The second major reason homeowners use a joint checking account is to set aside a little money each month for major repairs to the well. With this nest egg, no one is left scrambling to come up with the money.

Major repairs may include replacing a pump, fixing a water leak, or even deepening the well.

Open the Bank Account Now– Even if the well share agreement is not finalized it is not too early to open the shared bank account.
Specific Purpose– The well share bank account should not be used for any other purpose than maintaining the water well.
Equal Access to the Bank Statements– The bank can send monthly statements to each homeowner. This way, every can verify that the electricity bill is being paid and that the accumulated money stays in the account.

contact the dunaway law group, plc

For assistance with your water well contact us by phone at 480-702-1608 or message us HERE.

These blog posts are not intended, nor shall they be deemed to be the rendering of legal advice. Reading these blog posts does not create an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Dunaway Law Group limits its practice to the states of Arizona and New York.

Assessment Lien Well

steps to recording an assessment lien

Pre-lien Letter. At least thirty (30) days prior to recording an assessment lien on a member’s property(the member’s “separate interest”) for delinquent assessments, late charges, interest, collection fees and costs owed by that member to the association, the association is required to provide the member with a pre-lien letter via certified mail.
Notice of Delinquent Assessment. (Notice of Intent to Record an Assessment Lien).
2.1- Itemized Statement of Amounts Owed– The assessment lien must state the amount of the delinquent assessments and any other sums imposed, i.e., late fees, interest, attorneys’ fees, collection costs, etc. The itemized statement of the amounts which were provided to the owner in the pre-lien letter must also be recorded together with an assessment lien.
2.2- Legal Description of the Member’s Property– The assessment lien must include a legal description of the member’s party against which the delinquent assessment and other sums are levied.
2.3- Name of the Member– The assessment lien must include the name of the record owner of the separate interest against which the assessment lien is imposed.
2.4- Name and Address of Foreclosure Trustee– (Required in CA). In order for the assessment lien to be enforced by nonjudicial foreclosure, the assessment lien must state the name and address of the trustee authorized by the association to enforce the lien via foreclosure sale.
2.5- Signed By Designated Person(s)– The assessment lien must be notarized and signed by the person designated in the well share agreement–well manager–or by the well management board, or if no one is designated, by the well manager.
2.6- Recorded With the County– The assessment lien must be recorded in the county in which the property is located.
2.7- Mailing the Lien To All Parties– Once recorded, a copy of the recorded assessment lien must be mailed by certified mail to every person whose name is on the well share agreement. The recorded notice must no be mailed later than ten (10) calendar days after recordation.

Pitfalls of Wrongfully Recording a Lien

A.R.S. § 33-420(A) states:

A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of not less than five thousand dollars, or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action.
A.R.S. 33-420(A)

B. The owner or beneficial title holder of the real property may bring an action pursuant to this section in the superior court in the county in which the real property is located for such relief as is required to immediately clear title to the real property as provided for in the rules of procedure for special actions. This special action may be brought based on the ground that the lien is forged, groundless, contains a material misstatement or false claim or is otherwise invalid. The owner or beneficial title holder may bring a separate special action to clear title to the real property or join such action with an action for damages as described in this section. In either case, the owner or beneficial title holder may recover reasonable attorney fees and costs of the action if he prevails.
A.R.S. 33-420(B)

C. A person who is named in a document which purports to create an interest in, or a lien or encumbrance against, real property and who knows that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid shall be liable to the owner or title holder for the sum of not less than one thousand dollars, or for treble actual damages, whichever is greater, and reasonable attorney fees and costs as provided in this section, if he willfully refuses to release or correct such document of record within twenty days from the date of a written request from the owner or beneficial title holder of the real property.
A.R.S. 33-420(C)

D. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid.
A.R.S. 33-420(D)

E. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is guilty of a class 1 misdemeanor.
A.R.S. 33-420(E)

If you are an Arizona well manager looking to enforce a shared well agreement, then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. Readers should not act upon this information without seeking advice from professional advisers. Additionally, this Firm limits its practice to the states of Arizona and New York

2004 Examination in Bankruptcy

Rule 2004 of the Federal Rules of Bankruptcy allows any “interested person” to depose someone who filed bankruptcy. Additionally, the bankruptcy filer must producer documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including:

Your actions, conduct or property, your debts and financial condition, any issue that relates to your bankruptcy assets or Chapter 13 plan, and any matter that affects your right to a discharge.

A 2004 Exam is not like a 341 meeting of creditors. It is more formal and involves a more detailed investigation of issues related to your bankruptcy. It is similar to a deposition, sometimes requiring the production of documents. Additionally, 2004 Exams last much longer than a 341 hearing, often lasting several hours.

Rule 2004 Exams are typically held in a law office and not the bankruptcy courthouse. If you are looking for an Arizona bankruptcy then call us at 480-389-6529 or message us HERE.

The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisers. The Firm limits its practice to the States of Arizona and New York.