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Ask Michael Lykken, Esq Your Own Question
Michael Lykken, Esq
Michael Lykken, Esq,
Category: Real Estate Law
Satisfied Customers: 85
Experience:  Partner at Soares & Lykken, Attorneys at Law
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I have 14 parcels with deedsThat have water interests in

Customer Question

I have 14 parcels with deeds
That have water interests in a well. I need to get water permit from Kern county environmental. They require shared well agreement can I do agreement with two parcels only? Each user would pay 50% cost. If one more is added later they would pay 33%.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Michael Lykken, Esq replied 6 months ago.
Hello, thank you for using this service. My name is ***** ***** I am a licensed California attorney. I will be happy to help you with this question. First, please understand that I can only provide you with general information in this forum. Second, if I do not respond to a reply quickly, it is because I am either in a meeting or at court, in which case I will respond as soon as I can, including at night if necessary. Now that the formalities are out of way, let's answer your question.To make sure I understand this, there are 14 parcels of land that use a water well. So all 14 use the water from the well? Is there anything in the deeds regarding the well, and how is the well situated (i.e. on one parcel with the other parcels having easement for accessing the water). If you could answer those questions it would help you me answer your question. Thank you!
Customer: replied 6 months ago.
You can look up the kern county parcel maps10836 and 10765. Assessor map 397-040. There is 14 parcels with a well on APN 397-040-37 or parcel 5 of PM-10836. All the deeds have the following statement: Together with a 1/14 interest to that certain well of parcel 1 (should have been 5) Parcel Map 10836. One deed is document number###-##-#### ***** is###-##-#### There is a recorded document###-##-#### "Breckenridge Water Agreement". This document was not approved by Kern County Environmental. It may not be legal because not all parcel owners signed it. Also some of the easement descriptions may be inaccurate or missing. Question 2 - Can we get it voided? Currently there are two water users. Parcel 34 and 35. We want to do agreement with 37 where the well is and 34,and 35. Any others will be added as requested, if they pay costs that we have incurred to repair the well pump, motor, generator, etc. Question 1 - can we do agreement with three parcels only of the 14 parcels? We have "Kern County Guidelines for the Permitting Process Nonpublic Water System" we will use to get permitted. Maybe you can call me to clarify all this. Ron Colvin(###) ###-####
Customer: replied 6 months ago.
more info
Expert:  Michael Lykken, Esq replied 6 months ago.
Hello, I see that my response wasn't submitted. I can review the documents for you and have submitted a proposal for you. That way I can spend more time looking over your documents. Please let me know if you would like to do that. If not, I will try to answer as best I can. Thank you!
Customer: replied 6 months ago.
Are you a licensed Lawler in California. Do you know requirements of Kern county environmental? I need you to answer only one question for the $49 I have paid. 1 I have say 5 parcels with water rights to a well. Two of the parcels are using water and the others are not. Can I do agreement with two and later the othets when they need water?
Expert:  Michael Lykken, Esq replied 6 months ago.
Hello, I apologize for not being able to get back to you sooner. Yes, I am a licensed attorney, and my office is in Carmel, California. The answer you seek isn't really clear and depends on several factors. First, whose property is the well on? Second, is that person a party to the proposed agreement? If the party that owns the parcel on which the well is located is a party to the agreement, you probably could do an agreement with the owners that are currently using water. The issue could arise that a parcel that isn't a party to the agreement has language in the deed that would require access to water. Then it could be more difficult if that party demands its right to the water but doesn't want to be party to the agreement. I hope this helps!

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