[WSBARP] Shared use of water agreement

[Rob Wilson-Hoss]

Josh, your guess is as good as mine. I know of no authority, although there are really excellent water lawyers available to ask. 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

 

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, March 23, 2016 2:09 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Shared use of water agreement

 

Rob

 

I have been pondering this issue.  I think it was you that alerted our list-serve to it recently. We are changing articles and bylaws to allow the off plat landowner to become a member of the association.  In addition to that there will never be 100 or more customers.  Assuming that the charge per home was over $557 of more in revenue per customer per year, do you think making the neighbor a member, solves the problem?

 

Josh

 

From: Rob Wilson-Hoss <mailto:rob at hctc.com>  

Sent: Wednesday, March 23, 2016 1:51 PM

To: 'WSBA Real Property Listserv' <mailto:wsbarp at lists.wsbarppt.com>  

Subject: Re: [WSBARP] Shared use of water agreement

 

Watch out for the jurisdiction for the application of the UTC rules about water companies. You don't want to get regulated by the UTC if you can avoid it. See WAC 480-110-255(2)(e).

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com <wlmailhtml:www.hossandwilsonhoss.com> 
rob at hctc.com

 

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

 

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, March 23, 2016 1:33 PM
To: wsbar
Subject: [WSBARP] Shared use of water agreement

 

I have a client who is a HOA Water Association (all members have been owners of land in a plat).  Their well went bad, and the neighbor has agreed to sell/deed wells to the association and in return (among other things) the association will supply water to the neighbor into perpetuity.  

DOH and DOE issues are being handled, but I am wondering if anyone could share a “share use and permanent easement agreement” covering issues such as holdharmless if water can’t be provided, or if water quality problems arise, rates for water and method of determining rates, water user complying with governmental regulations, no guarantee of water  etc. etc.

 

Thanks

 

Josh

 

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

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