Sample Water Users Agreement
AGREEMENT made and entered
into this ______ day of _______________________, 20___, by and between
_________________________________________, a rural water system of the State of
Minnesota, hereinafter called the "_____," and
______________________________________________________, member(s) of ______,
hereinafter called "Member."
W I T N E S S E T H:
WHEREAS, __________ is
organized pursuant to Minnesota Statutes, Chapter 116A as a rural water system,
WHEREAS, the Member desires
to purchase water from ________ and to enter into a water users agreement as
required by _______.
NOW THEREFORE, in
consideration of the mutual covenants, promises, and agreements herein
contained, it is hereby understood and agreed by the parties hereto as follows:
Member agrees to pay an initial connection
fee, either as a special assessment charge in accordance with the terms under
which such charge is levied as determined pursuant to notice and hearing held
before the applicable District Court of the State of Minnesota, or as a single
up front payment, whichever is authorized and required by __________. Failure
to pay any special assessment installment or initial connection fee when due
shall be deemed a violation of this Agreement, entitling ________ to its
remedies set forth herein including the termination of water service to the
Member and Member's premises.
Member agrees to pay for water supplied by
________ and utilized by Member and those in lawful possession of Member's
premises, and to further abide by all rules and regulations promulgated by
______. _________ shall adopt and may adjust water use charges and such other
service charges, fees and penalties as are necessary to operate and maintain the
rural water system.
Member agrees that the water service
provided hereunder shall be for the benefit of his premises or those lawfully in
possession of same, and Member further agrees that he shall not submeter or
resell said water without specific written approval of ______________.
Member hereby grants ________ the right to
install the necessary water lines and appurtenances on his property and he
hereby further grants a permanent easement to ________ allowing ingress and
egress to construct and maintain said line and any appurtenances, and to install
and maintain necessary additional lines and appurtenances. Member also grants
________ the right install, read and maintain any water meters located on
Member's property. Member further agrees that he will not connect to said lines
and appurtenances or extend same from one tract of property to the other without
prior written approval from _________.
It is understood and agreed that _______
shall have the final determination and decision in regard to any location of
pipelines, appurtenances or easements for the water system. ________ shall
further have the sole and exclusive right to allocate water to Member.
It is understood and agreed that _______
shall have the sole and exclusive right to terminate water service to any Member
who has violated any term or condition of this Agreement or the rules and
regulations promulgated by ________ including, but not limited to, failure to
pay water charges and fees or special assessment installments when due. Except
in cases of wanton waste of water or emergency, a 30-day notice will be provided
to the Member prior to disconnection of the water service.
Member agrees to sign a Waiver of Crop
Damage prior to initial installation of water service.
It is understood and agreed that _________
shall supply water only to Members who have executed a Water User's Agreement,
or to municipalities or other water associations which have independently
negotiated and contracted with __________.
The tract which Member owns and to which
this agreement applies is described as:
___________ has determined that the initial
cost to Member shall be a membership fee of
and a minimum basic
initial connection fee of
Any costs in addition to the minimum basic initial connection fee, and the
timing and method of payment shall be identified upon execution of this
___________ agrees that it will make every
effort to refund all or part of the membership fee described herein in the event
that __________ elects not to provide service to Member.
IN WITNESS WHEREOF, We have executed
this Agreement effective the day and year first written above.
I (we) hereby apply for water service from ____________ and I (we) agree to the
terms and conditions stated herein:
hereby accepts Member's application for service under the terms and conditions
Chairman or Vice-Chairman
Secretary or Treasurer