AGREEMENT BETWEEN A RIPARIAN OWNER AS TO RIGHT TO IMPEDE FLOW OF WATER

Guideline for Drafting an Agreement Between Riparian Owners Regarding the Right to Impede the Flow of Water:

Introduction: Begin by stating the purpose of the agreement, which is to formalize the rights and responsibilities of riparian owners concerning the impeding of water flow in a watercourse.

Parties: Identify and accurately name all riparian owners involved in the agreement, including their full names, addresses, and contact details.

Property Details: Clearly describe the properties and watercourses involved, including their location, boundaries, and any structures that may affect water flow.

Water Flow Terms: Outline the terms and conditions related to impeding or altering the flow of water, including the extent to which such alterations are permitted, the methods to be used, and any restrictions or limitations.

Legal Compliance: Ensure strict adherence to local water laws, regulations, and any other legal requirements governing riparian rights, watercourses, and agreements.

Use of Water: Define how the riparian owners can use the watercourse, addressing any irrigation, diversion, or other purposes, while considering the impact on downstream owners.

Maintenance and Repairs: Specify responsibilities for maintaining and repairing any structures or alterations that affect water flow, as well as mechanisms for sharing associated costs.

Dispute Resolution: Establish a mechanism for resolving disputes related to water flow, water quality, or any disagreements among riparian owners.

Environmental Considerations: Consider including provisions to protect the environment, such as measures to prevent pollution or harm to wildlife.

Witnesses and Signatures: Include witnesses who can attest to the authenticity of the agreement. Obtain signatures from all riparian owners involved to confirm their consent and understanding of the terms.

Legal Review: Before finalizing the document, consult with a legal expert to ensure it complies with all relevant laws, water regulations, and contractual obligations.

Common Mistakes to Avoid:

Unclear Water Flow Terms: Ensure that the terms related to impeding water flow are explicit and not open to interpretation.

Non-Compliance with Water Laws: Failure to adhere to local water laws and regulations can lead to legal issues and disputes.

Ambiguity: Avoid vague language or unclear terms in the agreement that may lead to misinterpretation.

Failure to Address Maintenance: Clearly specify responsibilities for maintaining and repairing structures or alterations affecting water flow.

Skipping Legal Review: Skipping the legal review process may result in errors or non-compliance with legal and contractual requirements.

An Agreement Between Riparian Owners Regarding the Right to Impede the Flow of Water is used among property owners with riparian rights, typically along rivers, streams, or other watercourses. It addresses the rights and responsibilities associated with altering water flow and usage, helping to prevent disputes and ensure the proper management of water resources. Adhering to these guidelines and avoiding common mistakes ensures that the agreement is legally sound, protects the interests of all riparian owners, and helps prevent disputes and legal complications related to water rights and watercourse management.