Giving up rights to a shared well

[xylene]

All wells drilled in Arizona must be permitted by the Arizona Department of Water Resources. This requirement should have been met. If there was no permit granted, I agree it would be a mistake to try to move ahead with any quitclaim or other available action without speaking to an attorney first.

You know I'm super skeptical of 'shoulds' - especially if the development was designed for shared wells.

 

[quincy]

You know I'm super skeptical of 'shoulds' - especially if the development was designed for shared wells.

Yup. “Should have” acquired a permit definitely does not mean “did acquire.”

 

[LdiJ]

Yup. “Should have” acquired a permit definitely does not mean “did acquire.”

While I agree, installing a well is not a DYI project and I honestly cannot imagine that the type of company that drills and installs wells would risk doing one without a permit.

 

[quincy]

While I agree, installing a well is not a DYI project and I honestly cannot imagine that the type of company that drills and installs wells would risk doing one without a permit.

I agree. That is why I “assumed” earlier that the new well was permitted - and babsdelite2 never said my assumption was incorrect.

That said, I agree with xylene that the new well needed to be permitted by the ADWR and registered in babsdelite’s2 name so there should be proof of that before taking any action on rights to the neighbor’s well.

 

[NeilTheCop]

Arizona is suffering from drought, and your water rights may have monetary value.
https://www.phoenixmag.com/2013/06/01/trading-water/

 

[quincy]

Arizona is suffering from drought, and your water rights may have monetary value.
https://www.phoenixmag.com/2013/06/01/trading-water/

Interesting. That is perhaps something to consider if/when babsdelite2 decides to sell his/her property but, like with the sale of gas and mineral rights, there are laws that strictly limit groundwater withdrawals.