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Water Use Agreements

Posted by Josh On October - 14 - 2021

All water pipes that extend outside the rented campsite require a water use agreement for the rented campsite. We regularly review and draft these types of agreements, so if you have any specific questions, please contact us! We have recently created a series of free webinars on a variety of water-related topics published under the name Water Right Video Handbook and available here. Stay up to date on Schroeder Law Offices` water blog for more news that might be relevant to you! Basically, these types of agreements are a combination of servitudes and alliances. Easements allow owners to use land called dominant property, adjacent property called servient estate. Another type of servitude, called servitude en brut, does not have a dominant succession, such as servitudes. The easement elements of these types of agreements generally allow access to the well, maintenance and repairs. Importantly, Indigenous members from British Columbia, the Northwest Territories and the Yukon were involved in the implementation of the agreements. Indigenous members play an important role in feeding traditional knowledge, sharing local experiences, and identifying interests related to transboundary water management and monitoring. Since 1926, there have been five river agreements (or “basin plain”) on the Kunene River between the governments representing today`s independent states of Namibia and Angola. On the other hand, the terms of the agreement are sometimes not written. The sale of adjacent land served by a common well or the sharing of land and the supply of well water by pipeline may result in an un written agreement on the sharing of wells. In the event of a dispute, the parties may take legal action to make the agreement an implied servitude or an irrevocable license.

Since the parties must set the terms of an unwritten easement through costly litigation, parties who share a well should consider making a written agreement instead of “handshake contracts.” We discussed these types of agreements in a free webinar that is available here. Fourth Water Use Agreement, 1990. This was signed by the governments of the new independent State of Namibia and Angola. It endorsed the principles of the three previous agreements with specific objectives: if an acceptable means of greywater disposal is available, the waterline can remain in place provided that an agreement on the use of the necessary water is reached. British Columbia works with other jurisdictions to manage and protect its shared water resources. There is a bilateral water management agreement between B.C. and Washington State to coordinate efforts to protect the Abbotsford-Sumas aquifer across the Canada-U.S. border.

The BWMA British Columbia-Northwest Territories and BWMA British Columbia-Yukon were completed and approved in October 2015 and March 2017 and contain management principles to maintain the ecological integrity of the aquatic ecosystem for all current groundwater and surface water transitions between Mackenzie River Basin jurisdictions. .

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