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....