Odd question on water supply access

[bisonic]

I'm thinking about buying a large piece of land that comes with some baggage. There's a water system on the property that used to supply a home that burned down years ago (there are no other homes on the property and I'm not considering building for a long time). Five nearby homes were deeded access to this water system and were supposed to pay their share of the operating costs. None have paid anything for years as far as I can tell, a situation they've become quite content with. The various neighbors dont really get along with each other, and I doubt they can afford paying much. The system is in violation of California water standards as any system that has more than 4 users needs a permit, ongoing testing, and purification of some sort. The system is aging and is clearly sub-standard in wiring, etc.

I'm not excited about the prospect of running a municipal water system for a bunch of flakes and would thus want the users to form a water association to pay the ongoing expenses of the system (and assume the presumed liability). No chance they do this on their own. My question is whether as owner I would have the right to simply "pull the plug" on the system (almost quite literally as I'd just have to stop paying the electric bill for the pump). The result would be that the 5 homes would not have water and would be red tagged, presumably forcing them to cooperate.

I know they have the deeded right to access the water system (or actually, the "water pipeline") but does this mean that the owner has to keep the system full of water? Wouldn't they still have access, there'd just be no water in it?

The end result I'd want would be to have neither legal liability of a sub-standard system or any ongoing need to pay for the maintenance and upkeep of the system.

Thanks!What is the name of your state?

 

[FarmerJ]

You wrote >were supposed to pay their share of the operating costs. < Is that spelled out in writting < Verify that it is indeed spelled out in the recorded documents. You also wrote > The system is in violation of California water standards as any system that has more than 4 users needs a permit, ongoing testing, and purification of some sort. The system is aging and is clearly sub-standard in wiring, etc.< SO if you buy it , you are planing on putting in your own new well arent you ? Ill bet your local zoning dept will require it now. If you were planing on going that route then I would suggest you speak to a real estate atty about your obligation to do any maint or repairs on the system should it fail and get the atty to review all the documents for the property and see if he/she can advise you about either forcing them to contribute to the well maint or forcing them to meet a newer code regarding the well.
BTW before speaking to a Atty carefully review the law and any county ords about the current well and look for language that spells out when the systems use must end or when the homes it serves must get new water supply.

 

[bisonic]

Thanks - it is indeed in the deeds: "...the right to connect onto the existing pipeline and surface facilities... and the right to operate, maintain, repair, and replace said pump and pipeline as required... grantees...to pay their proportionate costs of such uses."

The water is pumped directly from a lake so no well. I could care less about this system as I wouldn't use it. There's no home on the property and I'm not planning to built (it's more a hunting property) and if I ever did there's two springs that provide a better water supply.

I am wondering if there is any obligation to maintain the system. The last thing I'd want to do is have the liability of doing so given the users are a bunch of flakes and I have no ongoing need for the water anyway.

I've spoken to the County and there's no need to stop using the system (as long as it's upgraded to meet requirements).

Thanks