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Asked in AZ May 21, 2022 ,  0 answers

I am the well secretary of a shared well in unincorporated pima county. One of our members is about to go into default and we are processing the paperwork accordingly. The well agreement states that after being in default for 91 days, without curing the default, the members in default forfeit their priviledge of using the water coming from the well. I take this to mean that we can install a locking valve and turn off their water.

I have been told, however, that AZ law prohibits you from taking away someone's water. Is this true?

Do I, as the well secretary, have the right to enforce the provision outlined in the well agreement to shut off their water?

Thanks!

Giving water for free....

Data From  LAWGURU_Question

1 Answers

Anonymous
Reply

Posted on / Aug. 10, 2010 09:34:00

I have experience in water law, and the legal requirements of providing water service in these situations. Please see my website: www.waterlawattorney.com. I'm in the middle of revamping it, so the "meet the attorney" link is probably the best way to find out a little more about me.

You are right - you can't take away someone's water right, which is their authorization from the state to use the water. However, it sounds like you could certainly cut off their well service by virtue of the well sharing agreement you have. They contractually agreed to pay a portion of the costs of well upkeep, maintenance, electrical costs, etc. If they are not paying those portions of the cost, they don't get to utilize the well to draw water. They still have a right to their water, they just don't have a right to use the well to get it.

Alternatively, you could simply continue to provide water, as long as someone is living in the house, but turn it off as soon as they leave and post a nice, big notice of the amount due. When new owners arrive (or the bank) requests that water service be renewed, require them to bring the account up to date first. Finally, you could file a lien on the property for the total amount due plus your costs and attorney's fees. As health and public safety are a concern when you cut off someone's water, the second option is probably the most risk adverse.

If you have additional questions, I would be happy to discuss the matter with you, or provide professional assistance, if necessary. Cell: (480) 231-4684 - Good luck!

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