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Old 07-21-2014, 08:01 PM   #21
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I'd strongly recommend you contact an attorney about this. At the very least have the attorney write a letter pointing out that the rental house would be getting water "at your discretion" and that if she later wanted to sell the rental it's value would be near zero without guaranteed water.

This is one of those things in which a little action now will save potentially huge issues down the road.
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Old 07-21-2014, 08:11 PM   #22
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....In the west water rights are documented separate from land title, just because a stream runs through your property does not mean that you can use it for any purpose (domestic, watering stock, irrigation). ....
We have the opposite problem in that there are springs all around the property and the problem is guiding the water away from buildings, leach fields and other places were we don't want it to go. One set of springs drains into a ditch that goes around our garage and runs 24/7/365 at probably a half a gallon a minute or so. Another spring under our house foundation also runs 24/7/365 at probably half that flow rate. And our well produces more water than I could ever use - 30 gallons a minute.
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Old 07-21-2014, 08:19 PM   #23
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I found out from DW that the way we found out about this was the neighbor told DW about it, so I suspect she is either unaware that she doesn't have the right to do this or thinks she has the right to do it as I don't think she would have disclosed it to DW if she knew that she was in the wrong. We're going to have a chat with her about. I think we can use it to prod her to do something we want done.
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Old 07-21-2014, 09:46 PM   #24
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OK, you have lots of water at the moment BUT suppose that something pollutes your well and you need to use the spring (or visa versa). Don't assume that today's condition will exist 20 years hence.

Oh, about that driveway 'easement'. Block it off at least once a year (advise the neighbor in advance) to demonstrate that you have the right to restrict use. Photograph and document this action.
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Old 07-22-2014, 07:34 AM   #25
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plain and simple, get an attorney and put her on notice that the property in question does not have water rights. Indicate in the letter a willingness to consider a fair offer for your consideration in her favor.
Bingo!!!!
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Old 07-22-2014, 07:58 AM   #26
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Do you know for a fact that the spring does not in any way draw water from the underground source that feeds your well? If it does, you might view this issue in a different light.
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Old 07-27-2014, 09:49 PM   #27
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Do you know for a fact that the spring does not in any way draw water from the underground source that feeds your well? If it does, you might view this issue in a different light.
My well is 235 feet deep and spring is shallow.
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Old 07-27-2014, 09:55 PM   #28
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Perhaps in N. New England you are at no risk for contamination by fraking (or other contaminates) or your well running dry but based on the experience of folks who live in the west, and particularly the SW, I wouldn't chance it. Again, whiskey is for drinking and water is for...
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Old 07-28-2014, 08:09 AM   #29
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My well is 235 feet deep and spring is shallow.
That might be, but that does not mean there could not be an underground connection.
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Old 07-28-2014, 08:42 AM   #30
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Never say never but given the well is 30 gal per minute of flow, its not something I am at all worried about. I've actually NEVER heard of a well running dry around here and we had a well for 25 years in our former home and my mom lives 500' down the road and has had her well (shared by 3 homes) for over 50 years.
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