Water Locating Service Inc.

By accepting these terms, you agree to enter an agreement that is made between Water Locating Service Inc. (WATER) and yourself (Owner).

1. Purpose. Owner hereby employs WATER to conduct a site survey of Owner's property for the purpose of identifying potential water sources on Owner's property.

2. Real Property Description. The tract of land owned by Owner which shall be the subject of this site survey set forth on a copy of the deed (Owner to provide a copy of deed) or maps identifying the property.

3. Services of WATER. WATER shall conduct a site survey of the real property identified above in an effort to locate a potentially reliable water source on the property of the Owner. WATER shall provide to Owner written or e-mailed results of the site survey which shall identify the specific coordinates of the locations within the property where water is likely to be found. In addition to the written or e-mailed results, WATER shall also mark the location with a stake.

4. Compensation and Expenses. In consideration of the services to be rendered by WATER under this contract, Owner agrees to pay WATER the sum invoiced in accordance with our prices listed on our home page. This fee shall be paid at the time of execution of this agreement. Upon receipt of the full consideration, WATER shall place the customer on the work schedule for work to be completed in a reasonable time.

Owner also agrees to pay additional expenses associated with delays in granting access to the property which will be based on an hourly rate as set forth in paragraph 5 below. In the event it is necessary for WATER to remark the potential water location, owner shall pay an additional fee as noted on our price page to WATER as a remarking fee.

5. Owner's Obligations and Representations. Owner hereby represents that he/she is the owner of the property identified above and he/she has the lawful right to request the site survey. By execution hereof, Owner grants to WATER the right to come upon Owner's property at reasonable times for purposes of conducting the site survey and for placing the water location stake. Should WATER be denied access or should WATER's access be delayed by actions of the Owner, WATER shall be entitled to additional compensation at a rate of $100.00 per hour as standby time.

Owner shall be responsible for identifying to WATER the property corners and boundary lines of Owner ’s real property and, if requested by WATER, Owner shall have the property lines flagged. Once WATER has identified a potentially reliable water source and has marked such location with a stake, it shall be the responsibility of Owner to verify that the stake’s location is within the boundaries of the Owner's property. Owner shall indemnify and hold WATER harmless from any and all claims for damages or expenses, including any attorney's fees, associated with the identification of a water source or the subsequent drilling of a well at a location beyond the boundaries of Owner's property.

In the event a septic tank or drain field exists on Owner's property, Owner shall provide to WATER a drawing of the location of the septic tank and drain field and shall further identify the location of those improvements upon the ground. Should the owner fail to provide the map or identify the specific location of the septic tank drain field, WATER shall not be liable for a water location site which is in close proximity to septic tanks and drain fields in violation of federal, state, or local laws and regulations. Owner is further responsible for conducting whatever inquiry he deems necessary with regard to septic tanks or drain fields located on surrounding properties whether known or unknown. WATER has no responsibility or liability with regard to a water source location in close proximity to a neighboring septic tank or drain field.

6. Guarantee. (Section 6. Guarantee applies only to those who have requested and paid for it. Others should see section 7)
For single well locations: Should a properly drilled well at the primary location specified in the site survey result in less than 1 gallon of water per minute by the maximum depth stated in our report to the customer, WATER agrees to refund to Owner 70% of the fee charged (excluding mileage rate) for the site survey.

For multiple well locations: Should properly drilled wells at the locations specified in the site survey result in less than 1 gallon of water per minute, by the maximum depth stated in our report to the customer, WATER agrees to refund to Owner 70% of the fee charged for that well (excluding mileage rate) for the unsuccessful part of the site survey.
Example:
20 acres with two well locations. One produces 5 gallon per minute (gpm) and the other produces 0 gpm. The refund would be for the one well ($3995.00 - $100.00 (mileage rate) /// $3895.00/2 wells = $1947.50/well X .70 = $1363.25 refund).

This guarantee is subject, however, to the following requirements:

A. We have been contracted to survey the entire parcel owned by the customer. If we complete only a partial survey, the guarantee does not apply.
B. Some areas have minimum acreage requirements. If your area does, it will be stated on the invoice you receive. Nonpayment of the invoice invalidates this agreement.
C. The well was drilled at the exact location specified by the Site Survey Report, and as further indicated by the water location marker on Owner's property.
D. The well was drilled to the maximum depth specified in the report to Owner, as evidenced by a properly filed well driller log.
E. The well log filed by the driller shall be prepared in conformance with the driller's standard operating procedures, and shall, upon filing with the appropriate governmental authority, be conclusive evidence of the gallons per minute produced from the drilled well.
F. If Hydrofracturing of the well are suggested by the report, the customer must complete this work and provide the documentation showing that less than 1 gallon per minute was obtained.
G. Owner has paid the full consideration for the site survey and has complied with all terms and conditions of this agreement, including the payment of fees and the providing of a legal description and the necessary maps and identifications of septic tanks and drain fields.
H. Drilling must be completed within 90 days of the completed report. In the event that it is not, the guarantee is no longer applicable.

7. No Guarantee. (Applies to all who do not request and/or pay for the guarantee)
Pursuant to this agreement, WATER does not guarantee that water or any quantity thereof will be encountered at any strata or at any location on Owner's property. Owner understands and acknowledges that the site survey to be conducted by WATER is made for the purpose of identifying the best possible water source on Owner's property. There are no representations by this agreement nor have any oral representations been made to Owner as to the specific probability or possibilities of finding water at the locations identified. Owner further understands that WATER does not represent that the conditions underground at the location identified will permit the drilling of a well.

8. Additional Services. Should the Owner desire to employ WATER for additional services other than those contemplated by the site survey, the parties shall enter into a separate agreement defining the terms, conditions, and compensation to be paid for those additional services. WATER is willing, pursuant to separate agreement, to provide consulting and supervisory services associated with the drilling of the well and such other matters as the parties agree upon.

9. Notice. Any notice under this Agreement shall be effectively given upon deposit in the U. S. Mail, postage prepaid, by recognized overnight delivery service, or by e-mail.

10. Attorney's Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, In addition to any other relief to which it may be entitled.

11. Governing Law. The validity, meaning and effect of this Contract shall be determined in accordance with the laws of the State of Idaho applicable to contracts made and performed in the State. Any disputes which arise from this contract shall be resolved in Bonner County, Idaho.

STATE OF WASHINGTON PROJECTS

Due to the Hirst decision (Hirst vs. W. Washington Growth Management Hearings Board) by the Washington State Supreme Court, our projects in Washington State are specifically used for locating the actual physical availability of water on a specific property. The legal availability for the use of the water through existing or future water rights are not being addressed. It is extremely important that you do the appropriate research within the County your property is located and their Building/Planning Departments to see how this case can determine the viability of water rights and the use of domestic water from a well for your property.