Hello. Live in Arizona and have a shared well with 2 other families. All balances and agreements are up to date (no due fees, monies and no agreements have been broken in any way), but the person that is managing the accounting for the $ and who is the same person who has the electric bill for the well under their name just sent us an email saying that they are cutting off the electricity for the well on the 15th of July (less than 2 weeks away), and even though they aren't moving, they are just removing themselves from managing anything.
I hear it as: if you don't do X, then your water will be cut off.
The well agreement doesn't not cover anything like this or termination of service of water or electricity. There is still a chance of resolving this like proper neighbors, but is there a legal recourse to have in our back pocket? It seems like we are being unjustly dumped with responsibility and threatened to have water services cut off...
1 Answer from Attorneys
I deal with well agreement disputes quite regularly. In answer to your question: it depends on the terms of the agreement. If the agreement doesn't say anything (in other words, it does specifically state which parcel owner is responsible for managing the well, invoicing, etc.), your recourse would most likely be to take over the account yourself or decide between you and the other property owner who should take control of well management duties.
If the well agreement requires the current parcel owner to act as the well administrator, you could initiate legal action requiring that they act as they are required under the well agreement. In reality, however, this would probably result in a difficult situation. You don't want someone managing the well that doesn't want (or see the need) in doing it properly. Bigger problems will result.
I would be happy to review your well agreement and discuss your situation in more detail, if you'd like. Please see my contact information below.