To get an example of US Legal Forms, users must first log into an account. If you`re already registered on our platform, log in and select the document you need and buy it. Right after purchasing the forms, users can see them in the “My Forms” section. Developing a well-written sharing agreement will help your clients avoid frequent pitfalls and costly litigation. A shared tree agreement is a contract for drilling, maintenance and use of a well. As a contract, the essential provisions of the agreement must properly identify the parties, characteristics, well and water distribution system, maintenance obligations, facilities and, where appropriate, registered water rights. The parties must be marked by their complete legal names, as well as on their actions. Characteristics, well sites and facilities covered by the agreement must be identified using valid legal descriptions and a diagram showing the location of the well and distribution system associated with the exposure. If the uses and maintenance obligations of the well are not properly identified and specified in the agreement, this may lead to future misunderstandings and costly litigation.  See Idaho Department of Environmental Quality, www.deq.idaho.gov/water-quality/ground-water/private-wells.aspx (last june 13, 2017). Competent written agreements can also be controversial.
Some of these controversies arise because reasonable minds are not related to the best way to approach a problem, as if the well pump breaks and there is more than one way to repair it or repair options vary in their cost and efficiency. However, other disputes can only arise from good users who are not willing to comply with the terms of the contract, regardless of its provisions. In both cases, the parties should define a procedure for resolving disputes and implementing the terms of an agreement where necessary. The easiest way for parties to explain their purpose for the well is to explicitly limit the well to domestic use. Idaho exempts domestic groundwater uses from most permit and royalty requirements.  Idaho defines domestic uses as “water for homes, organizing camps, public campsites, livestock and other purposes, including irrigation of half a hectare (1/2) of hectares if the total use does not exceed thirteen thousand (13,000) gallons per day.”  However, if the owner uses water for several property areas, trailer parks, commercial or commercial buildings, it is limited to 2500 gallons per day.  For many landowners, limiting their agreement to national uses will cover their water needs.