Legal Question in Real Estate Law in Arizona

This problem has become more common as economic hardships impact joint well owners. I practice water law in Utah and Arizona, and your circumstances are not unique. The answer to your question depends on whether there is a joint well use agreement or other contract between the property owners governing water use and (at minimum) maintenance of the pump and transmission lines. Absent such as agreement, it becomes more difficult to determine what your rights are. However, if you own the well and the others merely pay you for its use, you should be holding all the cards. No one can demand water if they are not paying for it. Just like a municipal water company, you may be able to shut off water for nonpayment of the "water bill." But tread carefully. Certain factors may exist where you want to avoid such a scenario - for instance, if there are children living in the home it could become a health and safety issue. I would be happy to discuss your situation with your at your convenience. Feel free to send an e-mail.

Sincerely,

-Riley Snow

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