A completed shared well 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 shared well 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 ADWR finds that, “Drilling and constructing a well creates a permanent change to real property and those improvements cannot be separated from the land, therefore, the well becomes a part of the 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. So long as the water is below your property then it belongs to the state of Arizona.
Recording a SWA 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.
Submitting Your Shared Well Agreement to the Arizona Department of Water Resources (ADWR)
Once the shared well agreement has been recorded with the county recorder it should be mailed 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.