New Book on Groundwater Sharing Contracts Reviewed
Review by Lynn Carroll, WRRC Graduate Student Worker
With record setting hot weather this spring, it is feeling more and more like reading weather. As someone who is interested in public and private water systems, I was excited to read Gary Hix’s newest book, Groundwater Sharing Contracts: Well Share Agreements.
This short, 110-page book, provides a unique perspective on a topic that many of us likely have not considered: well sharing agreements or, as Mr. Hix suggests is a more appropriate name, groundwater sharing agreements. Mr. Hix brings decades of experience as a certified geologist, well driller, pump installer, and real estate instructor to this topic.
The book begins with a foreword that addresses the need for formal, comprehensive groundwater sharing contracts and additional training and licensing of real estate inspectors who inspect shared well systems. The subsequent chapters provide information on groundwater sharing contracts and the need for trained personnel to review these contracts. Sections of the book could serve as informative reference material for those involved in shared well systems, such as detailed suggestions for the development of comprehensive groundwater sharing agreements and a guide for shared well managers.
This book opened my eyes to the potential legal consequences of a poorly written groundwater sharing contract. On page 57, Mr. Hix summarizes the difficulties that arise from a poorly written contract: “Unanimous approvals are tough to obtain when a dispute over contract words has already arisen. Some buyers learned only the hard way that words have meaning.” An additional “lessons learned” section provides good context for the types of disputes that may arise.
Overall, this book provides a good collection of information related to groundwater sharing contracts and the operation of shared well systems and may provide a good resource to those developing contracts or operating shared well systems.