[WSBARP] Enforceability of Water Policy Statements in WA

[Oscar Yang Esq.]

Hello Listmates: 
  
A potential client (PC) has a well on her property.  A few of her
neighbors appear to have some related interests in their deeds. It's not
clear whether they have interests in the well itself or the use of the
well for water.  The PC just says that the interests are ambiguous and
that each neighbor has about 1/10 of that.  I hear that the
interests/agreements have evolved among neighbors over at least several
decades.  
  
To my knowledge, the PC primarily, if not solely, maintains the water
distribution system.  Most neighbors pay fees for it, probably for either
using the distribution system or having the PC maintain the system (and
maybe also for letting them walk to the well across the PC's land).  One
neighbor ignores the fee, walks over the PC's land to the well, and uses
the well for water.  Issue 1) Water Policy:  The PC wanted to have a water
user agreement with him, but he would not sign it.  Now, the PC instead
wants to send water policy statements to every neighbor who receives the
water from the well.  To show the acceptance of the water policy by
conduct, what particular statements would you suggest to be included in
the policy document? Issue 2) Next Step:  If this water policy approach
does not work well, I would probably seek a declaratory judgment in court
if I found myself in her shoes.  A different approach that you recommend? 
  
Thank you, 
Oscar Yang, Esq. 
Es Berry Law PC 
2155 112th Ave NE 
Bellevue, WA 98004 

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