This agreement is reached when the property is sold with a common well to a new owner. The process of signing the agreement will not take much time. 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. 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. A well-written sharing agreement is like any other contract. It should allow the parties to clearly understand their water rights and facility rights for the well and their obligations under the agreement. Ideally, the agreement will avoid any misunderstanding between the parties, as there is no confusion about the definitions, use, maintenance and repair of the well. If the parties register the agreement, future disputes can be avoided.  With good preparation, parties considering a collective agreement can avoid many common problems.