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Traditionally, the parties to a well share agreement have a joint checking account used specifically for paying the well electricity and repairs. Usually, each property owner pays a flat amount to cover the cost of the electricity and to set aside money for repairs.

purpose of the well share Bank account

A well share bank account can help the parties save a little each month to cover the cost of expensive repairs.

1. Pay the Electricity Costs for the Well

Electric pumps bring water from the well into a storage tank. Traditionally, there is a single electricity meter attached to
Continue Reading Designated Bank Account for Well

Over the years, I have spoken to literally hundreds of people with some kind of dispute regarding a shared well. A common variable in this situation is a poorly written shared well agreement or none at all. A well (pun intended) written, well share well agreement, that is  customized to your unique situation will decrease the odds of disputes and give you peace of mind.

Every situation is different, every property is different, every well is different, and this is why we create custom agreements for each client. In addition to providing advice on the general issues we also provide
Continue Reading Why Hire a Lawyer to Draft Your WSA

Why Your Organization Needs a Flight Operations ManualFor Your UAV- Drone Program

Flight operations manual will help your organization be more effective, cost efficient, successful, and successful. Its power cannot be overstated. An organized, focused, specific, plan for your UAS program will saves lives, reduces costs, and gives people an actual increased level of protection.

  • BENEFITS OF HAVING A FLIGHT OPERATIONS MANUAL:
  • There is an almost infinite number of benefits of having a Flight Operations Manual.

    By taking subjectivity out of the situation. You might have someone who is overzealous. Willing to take unnecessary risks. You might have someone who
    Continue Reading Flight Operations Manual

    Registering your drone with the Federal Aviation Association. The FAA has actually made the process rather smooth and straight forward.

    Why is Drone Registration Necessary?

    Plain and simple, the FAA wants every drone registered to increase the safety of people both in the air and on the ground. With more than 1 million drones registered with the FAA they have their hands full trying to keep people safe.

    “Registration is all about safety,” says FAA spokesperson Jim Peters. “It provides us with a key opportunity to educate the new generation of airspace users that as soon as they start flying
    Continue Reading How to register your drone with the FAA

    Claims of Ownership in Justice Court Evictions

    The purpose of eviction cases is designed to address the issue of possession and not ownership. lawsuit is to provide a summary, speedy and adequate remedy for obtaining possession of premises withheld by tenants, and for this reason this objective would be entirely frustrated if the defendant were permitted to deny his landlord’s title, or to interpose customary and usual defenses permissible in the ordinary action at law.

    The merits of the title may not be inquired into in such an action, otherwise the action would not afford a summary, speedy and adequate
    Continue Reading Evictions and Claims of Ownership

    Determining what is, and is not, an “aircraft” is so important because it determines whether it falls under the purview of the International Civil Aviation Organization (ICAO). If it does, then it is held to the same standard as traditional manned aircraft and must comply with all of the same requirements. 

    Upon initial review, defining “uncrewed aircraft” seems to be intuitive and somewhat self-explanatory. However, with close examination and careful thought what is and is not “uncrewed” becomes less clear. For example, what if there is not a pilot in the aircraft but the aircraft is being flown by a
    Continue Reading Uncrewed Aircraft Defined

    Believe it or not, there are patterns to evictions in Arizona. There is a distinct pattern in the number of evictions that take place during different times of the year. For instance, each year there is a spike of evictions in January, why is this?

    landlords DELAY EVICTIONS DURING HOLIDAYS

    Contrary to popular believe most landlords are actually nice people who have feelings too. Many landlords will not evict tenants during the holiday season. Beginning with Thanksgiving and going through New Year’s Day, landlords will often say, “I don’t want to evict someone during the holiday season and so I’ll
    Continue Reading Eviction Statistics in Arizona

    Uncrewed Aircraft are Aircraft-

    Determining what is, and is not, an “aircraft” is so important because it determines whether it falls under the purview of the International Civil Aviation Organization (ICAO). If it does, then it is held to the same standard as traditional manned aircraft and must comply with all of the same requirements. 

    Upon initial review, defining “uncrewed aircraft” seems to be intuitive and somewhat self-explanatory. However, with close examination and careful thought what is and is not “uncrewed” becomes less clear. For example, what if there is not a pilot in the aircraft but the aircraft is
    Continue Reading What Are Uncrewed Aircraft

    Arizona Association of Realtors (AAR).  Arizona Association of Realtors is the largest trade Association in Arizona, representing more than 40,000 Arizona Realtors subscribing to the strict code of ethics outlined by the National Association of Realtors. In addition to providing a number of benefits and services, AAR is dedicated to the protection of private property rights and the best interests of Arizona realtors in legislation and strives to provide the best and most current legal information and education available.

    Active Management Areas (AMA). Five geographic areas designated by the Arizona Groundwater Code (1980) requiring active management of groundwater. Each AMA
    Continue Reading Glossary Well Share Agreements

    Mandatory Settlement Conferences

    Settlement conferences are mandatory in Arizona civil cases involving disputes of more than $50,000. Settlement conferences are required in an attempt to alleviate the Arizona Superior Courts from managing all the cases by themselves. The rule for mandatory settlement conferences is done in part to help the parties settle without a trial.

    Rule 16.1 of the Superior Court Rules of Civil Procedure that makes settlement conferences mandatory in any cases where the amount in dispute is more than $50,000. If the amount in dispute is less than $50,000 then an Arbitration Hearing is held–in lieu of the
    Continue Reading Arizona Settlement Conference

    how are easements created and/or terminated?

    An easement is the right to cross over, under, or through the property of another person.

    how easements are created

    There are several methods for creating easements but the two most common ways in which easements are created are by an express act and/or “implication”. 1. Express Easement– An express easement is created by deed, contract, or other written agreement.2. Implied Easement– An implied easement is created through the circumstances and facts surrounding the use of land which indicates the parties intended for the easement to exist.

    terminating an easement

    How Can an easement
    Continue Reading What is an Easement?

    The Arizona Department of Water Resources (“ADWR”) regulates the abandonment of wells in Arizona. ADWR’s well abandonment rules require that well abandonment be accomplished “through filling or sealing the well so as to prevent the well, including the annular space outside the casing, from being a channel allowing the vertical movement of water.”
    Overview of the Well Abandonment Process
    The first step to properly abandoning a water well is to file a pre-abandonment notice with the ADWR. A.A.C. R12-15-816(B), (E) and (F).
    standard abandonment method
    There are two overarching ways in which a well can be abandoned. First, through the
    Continue Reading How to abandon a well in Arizona

    The term Community Water System refers to any water system that serves 15 or more service connections (a.k.a. “hook-ups”) or that serves 25 or more residents. They are subject to water quality standards and more stringent reporting requirements. (See A.R.S. §§ 45-341 to 343). Community water systems are also regulated by the Arizona Department of Environmental Quality whereas a typical shared well is not.

    Community Water Systems are divided into two distinct categories: large and small water systems. A large water system is defined as one that serves more than 1,850 residents.

    annual use water reports

    In Arizona, the users
    Continue Reading Community Water Systems

  • BENEFITS OF DRONE USE IN AGRICULTURE
  • The use of unmanned aerial vehicles (UAVs or drones) in commercial farming is increasingly profitable. UAVs are used in pest control, monitor crop health, and create plans specific to a field. Drones help farmers get the most productivity from every square inch of a farm. When it comes to UAVs, your imagination can go pretty wild in terms of what is possible.

    Drone technology can make farmers more efficient by helping them locate problem spots in vast fields or ranchlands. Increased efficiency could mean lower costs for consumers and less impact on the environment
    Continue Reading UAV In Agriculture

    If your water comes from shared well that is not located on your property you should be concerned with what defines your legal right to the water. For most people, the answer is in the words written in your well share agreement. All groundwater withdraws in Arizona must come from a water well that was permitted by the Arizona Department of water resources. Owning the land free and clear, or owning an undivided interest in the land or having an easement right does not give you the right to extract groundwater. That comes only from a permitted well.

    Drilling and
    Continue Reading What Should Be In a Well Share Agreement

    Is it Possible to Get Out of a Shared Well Agreement?

    Before addressing the question of how to cancel a well share agreement, let’s first explore how well share agreements are created.

    Well share agreements are simply written contracts entered into by people sharing water from the same well. Like most agreements, they can be modified, amended, or terminated if certain rules are met.

    Most shared well agreements explain the process of amending or cancelling. They will often say something like, “This agreement can only be modified in writing and with the approval of a majority of the parties.”
    Continue Reading How To Cancel Well Share Agreement