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Future of backup well uncertain for Welches Water Company

September 1, 2020

By Garth Guibord/MT

At the Saturday, Aug. 22 annual meeting of the Welches Water Company,
held over Zoom, president Ray Miller noted the non-profit, which serves 130
households, could not resolve problems surrounding access to its backup well
through mediation.

The backup well, which has seen heavy use over the past two years, was built
in the 1990s on property then owned by Doug Saldivar and his wife, but the
property was sold two years ago to Mark Tobias and Monica Taylor. An
agreement between the Saldivars and the water company from 2001 gave the
company access to the well and a shed, but an easement was never filed with
the county and a copy of that agreement did not surface until this past spring.

Jennie Bricker, an attorney representing Tobias and Taylor, noted at the
meeting that they do not believe they are bound by that agreement.

“The bottom line is Mark and Monica took title to the property with no
knowledge of the agreement,” Bricker said, adding that her clients had been
informed of an informal agreement when purchasing the property and had
wanted to craft a written agreement with the water company. “Things could
have been much different. I regret that they have gotten to this point.”
Bricker added that the couple did not feel they were getting cooperation from
the water company, including a “threat” that the company could convert into
a district and take the property via condemnation.

Tobias and Taylor sent a letter dated Aug. 14 to the members of the water
company, explaining their side and outlining their terms for continued use of
the well.

Saldivar, who still lives in the area, also attended the annual meeting to
respond to aspects of that letter, including the contention that Tobias and
Taylor were not aware of the fact that the well was intended for the water
company’s use.

“It surprised me a little bit,” Saldivar said. “I have a feeling with the stress
and everything that’s going on, they remembered things differently.”

He noted that when the property was put on the market, he created a website
that included a page with information on the well and the water company,
including three associated easements, while also explaining the situation when
interested buyers toured the property. He also provided a three-ringed binder
with zoning and other information to Tobias and Taylor after the purchase and
in the disclosure forms when the closing on the property took place.

Saldivar also added that the well was discussed during the process when he
and his wife considered keeping part of the property that included the well
and when he recommended that Tobias and Taylor serve on the water
company’s board, noting there was “no motivation to keep info from them.”
Saldivar did take responsibility for not recording the 2001 contract with the
county.

The standoff on the well leaves the water company unable to make changes to
the shed, preventing them from upgrading to a UV filtration system. Miller
noted that they are operating as if under the 2001 agreement, but that future
steps are up to Tobias and Taylor.

“They have threatened us with the closure of the well and the closure of the
shed area,” Miller said. “The next move is up to them.”

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