[WSBARP] Common Well

Mon May 12 12:01:10 PDT 2014

As a follow up to this discussion, other than contractually based
obligations, and provisions of the landlord tenant act, the only
restrictions for terminating water supplies I am aware of apply to UTC
regulated systems. Look at RCW 80.04.010, WAC 480-11--255, and WAC
480-110-355. Generally, those rules apply to larger systems that are not
operated by the users. An HOA that operates its own system is not UTC
regulated, although a short time ago they considered changing that.

Steve Whitehouse 

Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com

-----Original Message-----
From: Josh Grant <jgrant at accima.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Fri, May 9, 2014 11:58 am
Subject: Re: [WSBARP] Common Well

Thanks.

I have reviewed the headings and several parts of WAC 246-290  and I don't
see any provision that tells a class A water system how much notice they
have to give to a customer (member) before they cut off the water.  I
assume, for example, each town and city probably have their own
regulations.

This client is a class A system.

Josh

----- Original Message ----- 
From: Rick Hoss <mailto:rhoss at hctc.com>  
To: wsbarp at lists.wsbarppt.com 
Sent: Friday, May 09, 2014 11:26 AM
Subject: RE: [WSBARP] Common Well

Look at WAC 246-290-035(4). You may be fine.
Rick

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com
<mailto:wsbarp-owner at lists.wsbarppt.com?> ] On Behalf Of Josh Grant
Sent: Friday, May 09, 2014 10:17 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Common Well

I hope this WAC doesn't apply to a community water system.  I have a CWS
who is about to cut off a member for non-payment, and they gave about a 30
day notice.

Joshua F. Grant
Attorney at Law
P.O. Box 619
Wilbur, WA 99185

t 509 647 5578
f 509 647 2734

----- Original Message ----- 
From: Rick Hoss <mailto:rhoss at hctc.com>  
To: wsbarp at lists.wsbarppt.com 
Sent: Thursday, May 08, 2014 9:54 AM
Subject: RE: [WSBARP] Common Well

David –
I agree with John Riley’s merger comment.
Also check the WACs – there is a rule requiring 1 year notice before
disconnecting someone from a well. If you can’t find it I will look.
Rick

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, May 07, 2014 1:55 PM
To: wsbarp
Subject: [WSBARP] Common Well

WSBARP,

A potential client has approached me about an ongoing dispute with his
neighbor over a water well located on the potential client's property
serving both properties. A contract for the operation of the well is
recorded with the county, but the chain of title from the two individual
owners who signed the original agreement to the current property owners
passed through a single individual for a period of about four years.

My initial thought is that the contract has automatically become void
because, for a time, both parties to the contract were the same person,
which conflicts with the common law rule against contracting with oneself.
Am I correct that this would also be a reasonable argument to make with
regard to any sort of easement/covenant, if what I am looking at could
properly be called by either name (I'm not sure how to classify this
arrangement because it is unlike anything I am accustomed to seeing in my
[very] young real property practice)?

In the alternative to my void contract theory, my prospective client is
complaining that the neighbor has continuously breached the contract by
failing to pay for their contractual share of the well maintenance and by
negligently allowing conditions to persist that damage the well. Again, my
initial thoughts go to contract law, and material breach. My gut reaction
is to seek an injunction against the neighbor to cease using the well and
a court order terminating the contract. Because this issue concerns real
property, however, I can imagine that additional rules are probably in
play about which I am unaware at this point in time. Any thoughts? What
might limit my client's ability to terminate this contract because it
concerns property rights?

If the contract is void or has been materially breached and nothing bars
having the contract thrown out, should I then look at filing a quiet title
action to eject the neighbor from my prospective client's property
(provided the statutory qualifications for a prescriptive easement have
not been met, if indeed a prescriptive easement might be what I am looking
at here)?

I have searched for case law on point but have not seen anything directly
relevant, at least from the way I have been approaching the matter. Any
advice, pearls of wisdom, or on-point cases would be much appreciated.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk st., ste. 4B
Port Townsend, WA 98368
(360) 379-4110

*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
This communication may contain privileged or other confidential
information. If you are not the intended recipient, or believe that you
have received this communication in error, please do not print, copy,
retransmit, disseminate, or otherwise use the information. Also, please
indicate to the sender that you have received this communication in error,
and destroy the copy you received.***
===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 
===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 
===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 
===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 19306 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20140512/eb310b39/winmail.dat>