A shared well dispute arises when people who live on or near shared wells disagree about the use or maintenance of the shared well.

Shared wells are a popular means of providing water to farmers, homeowners, and other individuals living in rural areas. A shared well may be owned by one individual but shared by two neighbors; there is no evidence that shared wells as a concept has been around for longer than 100 years, although they were uncommon until World War II. In recent years there has been a sharp rise in the number of shared well disputes as housing development spread into previously undeveloped regions where large quantities of groundwater previously were available for unrestricted public use without cost, say experts.

In Arizona, which has a of shared well disputes, shared wells are governed by the Arizona Water Settlements Act of 2004. This act provides that water rights appurtenant to real property are owned by the people living on this real property. The shared well will be shared equally among these individuals unless they agree otherwise in writing.

If you have a shared well dispute, your first step should be to find out whether or not you live in an area where shared wells are permitted under local law and what procedures must be followed if you can’t resolve your shared well dispute with your neighbors amicably. 

If you live in Arizona, the Arizona Water Settlements Act may govern your shared well dispute, but there are other laws under which shared wells exist only when authorized locally and governed by local law. You should consult an attorney in your area familiar with shared well disputes and local laws to ensure that you know your rights and responsibilities regarding shared wells.