Well Share Agreements Archives | Dunaway Law Group, PLC

Arizona Well Registry Numbers

The Arizona Groundwater Management Act of 1980, mandates that all property owners register their water wells with the ADWR. Additionally, it requires well property owners to maintain accurate ownership information with the ADWR.

However, many properties are sold and transferred without informing the ADWR that there was a change in ownership.

The Arizona Department of Water Resources (ADWR) applies a Well Registry Number to each well in Arizona. The Well Registry Number is similar to a Vehicle Identification Number (“VIN”) in that a unique number is assigned to each well. The Well Registry Number’s “55-” and then are followed by six numerical digits. Well Registry Numbers do not change even if well changes ownership.

Arizonians must register their water wells with the Arizona Department of Water Resources (ADWR). Registering a water well with the ADWR is a fairly straightforward process as described below.

WELLs must be REGISTered with the adwr

Many well properties are sold or transferred without providing the ADWR with the new owners information.

Recording a deed of title with the county recorder not notify the ADWR that the well property’s ownership has changed. As such, many original property owners are still listed with the ADWR as the current owner.

how to verify well ownership with the adwr

The well ownership as currently documented by the ADWR can be verified by visiting their website. Click HERE. You can search by using the Well Registry Number, Property Owner Name or Search of Location (Township/Range, Parcel, Cadastral, Basin or Sub-basin).

REGISTERING a WATER WELL

If your water well is not registered in your name, you may not have a known or definable source of water for your home. Arizona does not consider groundwater to be private property belonging to the landowner. Exempt well water rights are more like an operating permit to withdraw a state managed natural resource.

Additionally, if a well is not registered in the owner’s name then the Arizona Department of Water Resources cannot notify you of pending changes in groundwater law that may affect you water rights.

Arizona private water well owners are left to manage and protect their own wells. There are no standards for the performance of private or shared water wells during the sale and transfer of the real estate upon which the well is constructed.

VERIFYING THE REGISTRATION OF A WATER WELL

The first thing that any private well owner should do is check with the Arizona Department of Water Resources to see if the well is registered in their name. You can do this by logging on to the ADWR web site and searching its “Imaged Records“.

ADWR Forms Mandated by A.R.S § Title 45

Form DWR 55-71A can be used to update the ADWR of the new owner. That same form can also be used to correct or change well location information, the name of the well drilling company to be used to drill or deepen the well, or any other pertinent information about the well.

Escrow officers will often use this form to record a transfer of well ownership with the Arizona Department of Water Resources at the time of escrow closing.

LOCATING WELL RECORDS

There are three basic ways to locate Arizona water well records. You can access well file data in the ADWR Imaged Records database the following ways;

1. Using the well registration number (55-000000), 2) by entering the file or cadastral (registry of real state property) designation of your well, or 3) by finding and clicking on a red dot a topographic map of the state of Arizona where your well is located. After locating your well records, you can download them in a pdf file format.

The first step is logging on to the ADWR web site as explained below. Log on to the ADWR Home Page and scroll down to Quick Links: and click on the Imaged Records logo, which will direct you to a page with a box named Search ADWR’s Imaged Records. Change the Imaged Record: field from “Groundwater Document” to “Well Record Document” using the scroll down menu on the right.

steps to registering a well

First Step to Register a Water Well– The first step to registering a water well is to visit Change of Well Ownership (azwater.gov) and enter the well’s 55- number.
Second Step to Register a Water Well– The second step to changing well ownership is to provide the new owner’s name and contact information.
Third Step to Register a Water Well– The third step to registering a water well is to provide proof of ownership. Lastly, you must pay a $30 fee.

If you need assistance with your water well then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

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

Benefits of Shared Well Agreements

An expertly crafted shared well agreement is custom tailored to fit each unique situation. By clearly defining the rights and responsibilities of each household there is a reduction in disputes and an increase in peace of mind. Boilerplate well share agreements found online cannot provide the accuracy needed to make sure things go smoothly. In fact, generic agreements can create major problems. Over the years, I have spoken to literally hundreds of Arizonians in some type of dispute regarding a shared well. One common variable in these situations is a poorly written shared well agreement.

Over the years, I have spoken to literally hundreds of Arizonians with some type of dispute regarding a shared well. A common variable in these situations is a poorly written shared well agreement or none at all.

Our well share agreements add details about things like how water can be used and how much. For example, it will state, “The Well water shall only be used for bona fide domestic purposes. The water shall not be used for watering crops, orchards, livestock, or extensive gardening. Additionally, the water cannot be sold or used for any commercial activities.”

Because wells do not produce an infinite supply of water, overuse by one family can leave the other homeowners without sufficient water. Many wells simply cannot produce enough water for all homeowners to have extensive gardens, pools and water horses. This will put additional strain on the well system and the other users will be stuck with a higher electricity bill and low water pressure. As such, we write provisions into the agreement to prevent this type of behavior as much as possible.

Every situation is different, every property is different, every well is different, and this is why we create custom agreements for each client. In addition to providing advice on the general issues we also provide advice on more nuanced issues. For instance;

Must each property have its own water flow meter?
Should property owners not using the well, (their parcel is vacant land), still pay for costs and repairs even when not drawing water from the well?
What if a homeowner no longer wants to draw water from the well? Must they continue to pay for maintenance and repairs?
What about swimming pools? Horses? Orchards? Gardens?
Is there a buy-in for ‘late comers’?

benefits to the well owner- “grantor”

A well share agreement benefits a well owner by giving them enforceable rights against the water recipients. For example, if the Grantees to the agreement do not pay their share of well maintenance, repairs, electricity, etc. they can simply turn off their water.

benefits to the water recipients- “grantees”

Shared well agreements provide Grantees–those receiving the water–a legal right to draw water from the well. The Agreement is the only assurance Grantees have with a legal right provided in the agreement. Without a written shared well agreement, a well owner (Grantor) could deny access to a Grantee. If your water comes from a shared well that is not located on your property, then you must take steps to protect your legal right to the water.

A Grantee might think, “I don’t need a formal shared well agreement because I’m friendly with my neighbors and we all get along.” But what if those friendly neighbors move? Will you still have a legal right to the water? Because without a shared well agreement, the well owner has no legal obligation to share the well water with you!

All groundwater withdraws in Arizona must come from a water well that was permitted by the Arizona Department of Water Resources. Owning the land free and clear, or owning an undivided interest in the land or having an easement right does not give a land owner the right to extract groundwater. The right to extract groundwater only from a permitted well.

Gather & verify the information

The first step to drafting an excellent shared well agreement is to verify that the information used is accurate and complete. Using outdated or inaccurate information is like a great chef trying to make a crème brulée with the wrong or expired ingredients. No matter how great the recipe, if the right ingredients are not used then it doesn’t matter, it still won’t taste good.

An assessor’s parcel number is one example of where we need to closely check our information for accuracy. A parcel number—sometimes abbreviated APN—is a unique descriptor used by each county in Arizona to identify and assess real property. The parcel number includes information about the ownership, characteristics, and valuation of each piece of land. While each parcel can only have one parcel number at a time, the parcel numbers can change. New parcel numbers are assigned each time a property is split, merged, or subdivided. Verifying the correct parcel number is just one example of how we thoroughly check the information used in our well share agreements.

Verify Ownership Records With the ADWR

Even though the Arizona Department of Water Resources (ADWR) does not oversee Shared Well Agreements, they still require that the Well ownership information to be accurate. Well ownership information can become outdated if a well property is sold but the ownership information is not updated.

Simply purchasing a property and recording the deed with the county recorder does not notify ADWR that the Well ownership has been transferred. A new owner must take the overt steps of updating the Well in their name. The records are updated by submitting the necessary information and paying a small fee.

A PERSON TO WHOM A WELL IS REGISTERED MUST NOTIFY THE ARIZONA DEPARTMENT OF WATER RESOURCES (ADWR) OF A CHANGE IN OWNERSHIP OF THE WELL AND THE NEW OWNER MUST FURNISH INFORMATION AS REQUIRED BY ADWR TO KEEP WELL REGISTRATION RECORDS CURRENT AND ACCURATE.
A.R.S. 45-593(C)

record THE AGREEMENT

Once the Agreement has been approved and signed by all Parties, it is recorded with the county. In large part it is recorded so that someone cannot later challenge the veracity or accuracy of the Agreement.

Once the Shared Well Agreement is recorded with the county, a copy is provided to the ADWR. They will scan the recorded agreement and save it in the Well’s permanent file.

Even though the ADWR does not get involved in Shared Well Agreements it is still a best practice to send them a copy of the recorded agreements.

If you need help from an experienced shared well attorney, then contact the Dunaway Law Group at 480-702-1608 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, limits its practice to the states of Arizona and New York.

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.

FAQ Shared Well Agreements

assessor parcel number (apn)- how to find

An Assessor Parcel Number (APN) is a unique number assigned to each parcel of land by a county tax assessor. The APN is based on formatting codes depending on the home’s location. The local government uses APNs to identify and keep track of land ownership for property tax purposes.

To find your Arizona property’s APN, go to the local county assessor’s website and search by your address. There you can see information regarding your APN, lot size, home type, property tax history, and sale price history.

Synonyms include Assessor’s Parcel Number (APN), Assessor’s Identification Number (AIN), County Assessor’s Parcel I.D., Property Identification Number (PIN), Property Account Number, Tax Account Number.

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

can i register a shared well in my name, even if the well is not on my property?

No. A water well can only be registered in the name of the Arizona property owner in which the well is located.

No. Not only is it not a requirement to record your well share agreement with the Arizona Department of Water Resources they do not oversee shared well agreements at all!

A well share agreement does not have to be recorded anywhere, however, it is good practice to record the agreement with the county recorder in which the well is located. For example, if the shared well is located in Maricopa County then the well share agreement should be recorded with the Maricopa County Recorder’s Office.

Additionally, it is wise to record the well share agreement with the Arizona Department of Water Resources. The benefit to recording the agreement with them is that it is placed into the well’s file and then it can be retrieved at some future date.

A well share agreement should be recorded with the county in which the well is located. Below are links to the different recording offices in Arizona.

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:

how to find a well registration number

In Arizona, the Arizona Department of Water Resource’s assigns a well registration number to each water well. These well registration numbers each begin with the number 55. To find your well’s 55 number go to the Arizona Department of Water Resource’s Website and search using a few different methods.

In order to find a well’s registration number, you need to know one of the following pieces of information: a) Well Registry Number, b) Well Owner’s Name, c) the Well’s: Township/Range, Cadastral, Basin, or Subbasin.

Yes. Grantees–the recipients of the well water–can be denied water without a proper well share agreement. Some people may say, I do not need a formal well share agreement because I’m friendly with my neighbor and we have a verbal agreement. But what if your friendly neighbor moves? Will you still have a legal right to the water? No. The new owners do not have any obligation to share well water with you.

If you need help from an experienced shared well attorney, then contact the Dunaway Law Group at 480-702-1608 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.

Water Well Agreements Arizona

Shared Water Well Agreements

What are your rights to water that comes from a shared well that is not located on your property? For most people, the answer is in their written well share agreement.

The first question to be considered is—which state regulating body grants me the right to access and use groundwater? The Groundwater Management Act “GWMA” of 1980 established that groundwater, is common property of the citizens of Arizona and the management of it was under the Arizona Department of Water Resources, (ADWR). All groundwater withdraws in Arizona must come from a water well that was permitted by ADWR.

Owning the land or having an easement right does not give you the right to extract groundwater. The right to extract groundwater in Arizona only comes from having a permitted well.

Therefore, a well share agreement to share the water from a legal source should always refer to the well by its ADWR registration number.

On Whose Land Does is the Well Located?

The second question to be considered is: whose land is the well located on? If the well is located on land that is titled in the name of one of the members of the well share group, then that person owns the well. Drilling and constructing a water well creates a permanent change to real property and that improvement cannot be separated from the land, therefore, well becomes a part of the real property. Groundwater is not real property. Percolating water beneath the earth in Arizona is called groundwater and in it is considered “public” property managed by the ADWR.

If the well is located on your neighbor’s lot, and they hold title to the land in their name, the well should be registered with the ADWR in their name. The ADWR recognizes that shared wells can, and should be, registered in the name of the person or party that is responsible for its management. The ADWR has created Form 55-73 , for the purpose of registering shared wells in the name of a managing or operating group. Registration of a well with the ADWR does not establish ownership of the well. A.R.S. § 45-593(c), requires that the owner of the land keep the ADWR up-to-date as to who owns the land and where the well is located. For this purpose, the ADWR created Form 55-71(a), request to change well information.

well is owned by those named on the deed

When a shared well site is situated on a parcel of land that is deeded and recorded in the appropriate Arizona county, the well is owned by the names listed on that deed. The wording of many well share agreements may grant several owners an undivided interest in into a small piece of land, and thus an undivided real property interest in the well. When this wording is used on the deed and in the shared well agreement, the assessors map should show a smart parcel of land with its own Assessor’s Parcel Number (APN). In this case, the well should be registered in the name of all parties listed on the deed.

If your well share agreement is worded in the same manner as the deed, you own an undivided piece of this land which means that you are also subject to a portion of the yearly property taxes or improvement assessments on this parcel.

Once water is pumped to the surface from a registered well, and placed in the storage tank, it becomes the personal property of the owners of the land. So, if you own a percentage of the land via the deed, then you also own a percentage of the water stored on it.

easement rights & ownership rights

Some well share agreements are structured such that the participants receive only an easement right to access the land where the well is located. There is a major difference between owning an undivided interest in a piece of real estate, partial ownership, versus having just a vested interest in someone else’s real property granted by an easement. An easement is a vested interest in someone else’s real property and not an undivided fraction of title to the land into the well.

An easement will typically state that it was granted for a specific purpose. If your well share agreement is an easement right of entry you should verify that you have a right to do more than merely access someone’s land. The wording of that easement may, by exclusion, not grant you are right to receive and share the water, located on that property. An easement is a vested interest only in someone else’s real property for a specific purpose and groundwater is not a part of real property.

arizona water well agreements- pre-1980

Many well water agreements in place today were written prior to 1980, when groundwater was more loosely considered to be a part of the real property. These older versions often refer strictly to the land and not to the water or the registered well. Well share agreements that refer strictly to a piece of real estate, and do not state the registration number of a well, may not be granting you a legally defensible right to the groundwater. A registered water well is the only legal right to the public groundwater resource and it is granted only to the permitted owner of the land. This is a very compelling reason why all well share agreements should refer to the water well being shared by the registration number.

Well share agreements should define a legal right to groundwater from a registered well. A well share agreement is a legal contract between two or more persons and it can be enforced by the courts. Not complying with the well share agreement can constitute a breach of contract.

If you are considering the purchase of a home with a shared well then read on post of what to expect when living in a home with a shared well. Also, review what a website that will help you schedule and record maintenance records and other important information.

If you would like to amend an existing water well agreement or would like to create a water well agreement then contact the Dunaway Law Group, PLLC at 480-702-1608 or [email protected].