In AZ, Is It Legal to Shut off Your Neighbor’s Water on a Private Well?
Lately, I've become obsessed with those romantic social media posts about living off-grid. I'll watch nearly any video of someone in "Little House on the Prairie-esque" garb, making bread and canning vegetables.
As much as I'd like to share in the "I just milked my goats and made 30 pounds of feta cheese and homemade soap for the Farmers Market" lifestyle, I'm pretty attached to the on-grid life.
Owning a Well in Arizona
I don't have goats and chickens, but I do have a small amount of acreage. I live in a subdivision of 4- to 8-acre parcels. About nine properties in our area share a private well; some days, maintaining our private water source is anything but idyllic.
If you're thinking about buying a property with a private well in Arizona, there are some things you should know.
First, it can be a good way to ensure a steady water supply without owing your soul to some private company that nickels and dimes you if you forget to shut off the garden hose. There are a few important things to know.
Who’s Responsible for a Private Well in Arizona?
If you own the well, guess what? The well is your responsibility. That means you’re in charge of maintaining it, ensuring it’s up to code, and keeping it in good working order. Wells run on electricity, so at a minimum, there's an electric bill that has to be paid each month. And if you've got neighbors on your well, it can get complicated.
Shared wells can be a bit more complex. If you're splitting a well with neighbors, it's important to have a clear agreement.
Legally Drilling a Well in Arizona
If your property and the development are relatively new, you might need to drill a well.
Before you even think about drilling, you need to file a Notice of Intent to Drill with the Arizona Department of Water Resources (ADWR). We are keenly aware that water is a finite resource in our state, and filing a notice with the ADWR ensures your well won’t negatively impact the groundwater.
Your well will have to adhere to certain construction standards and to keep things legal; you'll have to maintain it.
Can Well Owners Legally Shut Your Water Off on a Private Well?
If you don't pay the agreed-on bill on a private well, the other neighbors can shut your water off. The other users can legally shut you out if you’re part of a shared well and don't pay your share of the costs.
One of the advantages of sending a check to a water company every month is that they're responsible for maintaining the well. Things are different if you own a private well, even if you're part of a shared well with neighbors.
You may need to hire a licensed well-drilling contractor to handle repairs. Regular maintenance is your best friend here—routine check-ups can help prevent expensive repairs.
The upside of owning a private well is that it's usually not metered. That means you generally pay a flat rate to the well association for repairs and maintenance instead of paying per gallon used.
The downside is that sometimes the expenses outstrip the shared fund, and neighbors have to pool their finances to make repairs.
Sources: University of Arizona | ADWR | Dunaway Law Group | AZ Department of Water Resources
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