TUBEWELL WATER-SHARING AGREEMENT
BETWEEN
__________, of __________, mobile __________ (the "Owner");
AND
__________, of __________, mobile __________ (the "User").
- 1. PERMISSION TO DRAW WATER
1.3 The Owner shall keep the Tubewell in working order so far as he reasonably can and shall run it for the User's turns. He is not responsible if the water fails, the water table falls, the power supply is cut or the motor breaks down for reasons beyond his control, but he shall tell the User at once and give the missed hours later in the Period where he can.
- 2. PAYMENT AND COSTS
2.3 The Owner shall give the User a receipt for each payment and, on request, a copy of the electricity bill on which the share is worked out. The electricity connection stays in the Owner's name and is the Owner's to pay to the supplier. The User shall not run the Tubewell himself, or tamper with the motor, the starter or the meter.
- 3. HOW THE WATER REACHES THE USER'S LAND
3.1 The water shall flow to the User's Land through the existing watercourse or pipe. The User may lay a new pipe or open a new channel across the Owner's land only with the Owner's written consent, at the User's cost, and shall mend any damage to the Owner's land and crop.
3.2 A pipe or fitting the User has laid is the User's own property and shall be taken away by him, and the land made good, within fifteen days after the Period ends.
- 4. USE OF THE WATER
4.1 The User shall use the water only on the User's Land and for farming, shall not sell it or pass it to anyone else, and shall not waste it. The User shall follow every law or order for the time being in force on the use of groundwater, including any limit on when paddy may be sown or transplanted.
4.2 This agreement gives the User no right, easement or interest in the Tubewell, the water under the Owner's land or the Owner's land, and creates no lease or tenancy. It is a permission given to the User personally for the Period only, and does not pass to anyone who buys or inherits the User's Land unless the Owner agrees in writing.
- 5. ENDING EARLY
5.1 If the User does not pay within fifteen days of a written demand, or breaks clause 2.3 or clause 4.1, the Owner may stop the supply by written notice. Any hour already used shall still be paid for.
5.2 Either party may end this agreement before the end of the Period on thirty days' written notice, in which case the User pays only for the hours used up to the end of the notice, and the Owner returns any amount paid for hours not used.
- 6. DISPUTES
6.1 The parties shall first try to settle any dispute by talking, if they wish with the help of respected elders or the village panchayat.
- 7. GENERAL
7.1 This is the whole agreement on the water for the Period. Any change must be in writing and signed by both parties.
Signatures
Owner: __________
Signature: ______________________________
User: __________
Signature: ______________________________
Witness 1 (name, address, signature): ______________________________
Witness 2 (name, address, signature): ______________________________