Water Service Agreement: Definition, Example
Jump to Section
Quick Facts — Water Service Agreement Lawyers
- Avg cost to draft a Service Agreement: $830.00
- Avg cost to review a Service Agreement: $530.00
- Lawyers available: 292 business lawyers
- Clients helped: 582 recent water service agreement projects
- Avg lawyer rating: 4.96 (101 reviews)
What is a Water Service Agreement?
A water service agreement is an agreement between a water supply resource owner and a water services provider that governs their working relationship. Typically, a government body like a national state or municipality owns the right to water. Utility companies, who can be private or public companies, then offers said water supply to the general public. However, before they can do so, they must create a working relationship with the national state or municipality who owns the water.
Once a water service agreement is signed, utility companies can begin offering water services to their clients. Most of the time, only one utility provider offers services to a particular geographical area. This is because the water service agreement provides exclusivity, which eliminates competition and allows for water and refuse to be more easily managed.
Water Service Agreement Sample
Exhibit 10
WATER SERVICE AGREEMENT
BETWEEN
MIDDLESEX WATER COMPANY
AND
ELIZABETHTOWN WATER COMPANY
THIS AGREEMENT made this 28th day of February, 2006,
BETWEEN
ELIZABETHTOWN WATER COMPANY, a public utility and corporation organized
under the laws of the State of New Jersey, with its principal office
131 Woodcrest Road, Cherry Hill, County of Camden, State of New Jersey,
hereinafter referred to as "ELIZABETHTOWN,"
AND
MIDDLESEX WATER COMPANY, a public utility and corporation organized
under the laws of the State of New Jersey, with its office 1500 Ronson
Road, Iselin, Woodbridge Township, County of Middlesex, State of New
Jersey,
hereinafter referred to as "MIDDLESEX,"
WHEREAS, MIDDLESEX desires to obtain an additional supply of potable
water for its use and for that of its customers; and
WHEREAS, ELIZABETHTOWN has a Rate Schedule No. 8, "Service to Other
Systems Under Contract," filed under authority of the New Jersey Board of Public
Utilities, and MIDDLESEX desires to obtain a supply of water under that rate
schedule and subject to its provisions, as may be amended and supplemented under
approval of the New Jersey Board of Public Utilities; and
WHEREAS, ELIZABETHTOWN and MIDDLESEX presently have an Agreement for
water supply dated April 28, 1995 as extended by agreement dated December 21,
2005, and the parties desire to have this Agreement supersede the said extended
Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein, it is agreed by the parties hereto as follows:
1. Effective upon the execution of this Agreement, ELIZABETHTOWN agrees
to sell, deliver and transport to MIDDLESEX 3,000,000 gallons of potable water
per day and MIDDLESEX agrees to accept and pay for a minimum daily quantity of
water in the amount of 3,000,000 gallons per day (MGD) from the water sources
and supplies of ELJZABETHTOWN at the rate set forth in Rate Schedule No. 8,
"Service to Other Systems Under Contract," and subject to its provisions as they
may be amended and supplemented under approval of the New Jersey Board of Public
Utilities.
If available in ELIZABETHTOWN's reasonable determination, ELIZABETHTOWN
will allow MIDDLESEX to take, on an as needed basis, as much water as
ELIZABETHTOWN is capable of providing without affecting the minimum daily
quantity requirement.
2. The initial obligation of both parties to perform in accordance with
the terms and conditions of this contract shall begin upon the date of signing
this contract and expire five (5) years from said date, provided that this
agreement shall renew for additional five (5) year periods unless either party
gives notice to the other no later than one (1) year before the end of the then
current term.
3. All water supplied to MIDDLESEX by ELIZABETHTOWN shall be metered by
meters owned and maintained by ELIZABETHTOWN, at the existing meter station
commonly known as Tingley Lane, and such other locations as may be agreed upon
by the parties.
4. Where the words "daily" is used in this Agreement, it shall refer to
the 24-hour period between daily meter readings. Meter readings shall be taken
daily when feasible, and if not, the meter readings shall be averaged over a
weekly or monthly period to arrive at an average daily quantity of water
delivered.
5. In the event that the total daily quantity of water delivered by
ELIZABETHTOWN exceeds 3,000,000 gallons per day, such excess quantity of water
shall be paid for at the rate set forth in Rate Schedule No. 8, "Service to
Other Systems Under Contract."
6. The parties hereby agree that the agreed upon minimum daily quantity
of water shall not be decreased during the term of this Agreement.
7. All water supplied and delivered to MIDDLESEX pursuant to this
Agreement will comply with all primary Federal and State Safe Drinking Water Act
requirements. ELIZABETHTOWN will provide notice to MIDDLESEX of any violation in
the water supplied to MIDDLESEX of the Maximum Contamination Levels, as required
in the Federal and State Safe Drinking Water Acts. ELIZABETHTOWN will provide to
MIDDLESEX a copy of New Jersey Department of Environmental Protection Safe
Drinking Water Act Water Quality Reports for the ELIZABETHTOWN supply.
8. ELIZABETHTOWN agrees to provide a continuous, regular and
uninterrupted transmission of water, subject to the terms of this Agreement, and
subject further to interruptions by reasons of an Act of God, strike, State or
Municipal interference or other causes beyond its control. In such event,
ELIZABETHTOWN shall not be liable to MIDDLESEX for damages by reason of
interruptions in supply of water to MIDDLESEX or its customers as a result of
such interruptions unless the same arises out of any gross negligence, breach of
warranty or other breach of duty by ELIZABETHTOWN.
ELIZABETHTOWN agrees to excuse payment obligations of MIDDLESEX if, by
reason of an Act of God, strike, State or Municipal interference or other causes
outside either party's control, there is a disruption of water being transmitted
to MIDDLESEX by ELIZABETHTOWN.
9. MIDDLESEX shall completely indemnify, protect and save harmless
ELIZABETHTOWN from any and all costs, expenses, including legal fees,
liabilities, losses, claims, suits and proceedings of whatsoever nature arising
out of any negligence, breach of warranty or other breach of duty by MIDDLESEX
in relation to the obligations contained herein.
10. ELIZABETHTOWN shall completely indemnify, protect and save harmless
MIDDLESEX from any and all costs, expenses, including legal fees, liabilities,
losses, claims, suits and proceedings of whatsoever nature arising out of any
negligence, breach of warranty or other breach of duty by ELIZABETHTOWN in
relation to the obligations contained herein.
11. ELIZABETHTOWN and MIDDLESEX hereby release the other from all
claims, liability and performance under the aforesaid contract dated April 28,
1995 as extended by agreement on December 21, 2005, unless such claims or
liability shall have accrued by the effective date of this Agreement.
12. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of New Jersey.
13. This Agreement shall be filed with the Board of Public Utilities of
the State of New Jersey and approved by the Department of Environmental
Protection of the State of New Jersey, as required.
IN WITNESS WHEREOF, the ELIZABETHTOWN WATER COMPANY has caused these
presents to be signed by its Vice President and its corporate seal to be affixed
hereto and attested by its Secretary, and the MIDDLESEX WATER COMPANY, in the
County of Middlesex, has caused these presents to be signed by its President and
its corporate seal to be affixed hereto and attested by its Secretary, the day
and year first written above.
(SEAL) ELIZABETHTOWN WATER COMPANY
ATTEST: By: /s/ Wayne Morgan
----------------
Wayne Morgan
Vice President- Service Delivery
/s/ Jordan S. Mersky
--------------------
Jordan S. Mersky
Assistant Secretary
(SEAL) MIDDLESEX WATER COMPANY
ATTEST: By: /s/ Dennis W. Doll
------------------
Dennis W. Doll
President
/s/ Kenneth J. Quinn
--------------------
Secretary
Reference:
Security Exchange Commission - Edgar Database, EX-10 2 ex10.txt, Viewed August 13, 2022, View Source on SEC.
Who Helps With Water Service Agreements?
Lawyers with backgrounds working on water service agreements work with clients to help. Do you need help with a water service agreement?
Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate water service agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
See Real Service Agreement Projects
Missouri Draft service contract for social media marketing agency Drafting
- Missouri
- 5 lawyer bids
- $670 - $1,500
California Review Service Agreement Contract Review
- California
- 6 lawyer bids
- $375 - $500
California Review drafted client agreement for marketing agency Review
- California
- 7 lawyer bids
- $400 - $850
Arizona Service Agreement for my Pool Service Clients Review
- Arizona
- 7 lawyer bids
- $499 - $1,050
See all Service Agreement projects
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Water Service Agreement?
Meet some of our Water Service Agreement Lawyers
David U.
For the last 25 years I've focused on representing businesses and entrepreneurs in transactional law deals, including LLC creation, operation and sale of businesses; real estate sales and leasing; and general contract negotiation and drafting. While I've helped all manner of businesses work out a variety of contract and business matters, I am an expert at helping clients with buying and selling commercial properties including multi-family and office projects and buildings, subdivisions, and retail shopping centers. I am also a recognized expert negotiating leases for retail and office tenants and landlords. Over 25 years I've honed my skills a lawyer at one of the largest law firms in the world, an elite real estate boutique in Aspen, Colorado and a highly regarded firm based in Denver, Colorado, before starting my own practice in 2016. Since 2016 I've been helping my clients with real estate and business deals. I'm a commercial real estate and business expert with a passion for helping clients forge successful ventures in an efficient and understandable manner.
"David was very informative during our initial call, and helped me understand the scope of work that my project needed depending on how many legal avenues I wanted addressed and covered. The work he provided was detailed and completed by the deadline that he provided."
Don G.
Texas licensed attorney specializing for 22 years in Business and Contract law with a focus on construction law and business operations. My services include General Business Law Advisement; Contract Review and Drafting; Legal Research and Writing; Business Formation; Articles or Instructive Writing; and more. I am able to draft and review contracts, and have experience with, contract law and business formation in any state. For more insight into my skills and experience, please feel free to visit my LinkedIn profile or contact me with any questions.
"Don is very responsive, knowledgeable, efficient and professional."
Lori B.
With over 30 years of legal experience, I can assist your legal needs -promptly and professionally. I am a business, contract and real estate lawyer with extensive experience in company formation, sale of businesses, business purchase and sale transactions, commercial and residential leases, employment and the sale of real property.
"Lori was quick with the turn around and made great suggestions to keep my business protected."
Angela Y.
NJ and NY corporate contract lawyer and founder of a firm specializing in helping entrepreneurs. With a background in law firms, technology, and world class corporate departments, I've handled contracts and negotiations for everything from commercial leases and one-off sales agreements, to multi-million dollar asset sales. I love taking a customer-focused and business-minded approach to helping my clients achieve their goals. Other information: learning to surf, lover of travel, and one-time marathoner (NYC 2018) yulawlegal.com
"Angela is simply phenomenal. Nothing else to say; if she bids on your project, hire her!"
Nicholas M.
Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.
"Enjoyed his demeanor. Professional yet down to earth. The document created for me was very explicit and easy to read. I would recommend :)"
July 8, 2025
Parsa G.
I’m a licensed attorney with a J.D. and a strong background in reviewing, negotiating, and drafting a wide range of commercial agreements, especially in the context of international trade and cross-border transactions. I’ve reviewed hundreds of sales contracts, and have experience drafting and negotiating international sale of goods agreements, distribution agreements, supplier/manufacturer contracts, licensing agreements, and service-level agreements (SLAs). My focus is on helping clients reduce risk and protect their interests through clear, enforceable contract language. I also advise on key international elements like Incoterms, dispute resolution mechanisms (including ICC arbitration), payment structuring, governing law, and IP protections. Whether you need a custom agreement, a contract review with redlines, or support structuring a cross-border deal, I bring both precision and practicality to every engagement.
July 11, 2025
Aristos K.
I am a San Francisco attorney with specific expertise representing the public with residential and commercial real estate interests in the Bay Area. I apply my background in dispute resolution services, contract analysis, and conflict management to identify and produce long-term results for clients amidst demanding and unforeseen circumstances.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Water Service Agreement Projects
Review Standard Services Agreement
"Thomas was helpful and efficient in reviewing the master services agreement for me"
Update Ambulance Service Contract for Municipalities
"Faryal provided exactly what we needed on a quick timeline!"
Review Fractional CFO Services Agreement
"Dolan was very responsive and great to work with. I am very happy with the final service agreement he produced."
Review Service Agreement
"Dolan completed a high-quality review of my agreement very quickly (in a day), and provided a thorough, clear, and well-structured memo that was very insightful. I highly recommend. Will definitely work with him again—I’m already scheduling my next project with him!"
Private Nurse Services Agreement
"I was impressed and grateful with Allen’s timeliness, thoroughness, and knowledge with my project. He did excellent work on my service agreement, and I now feel confident using it with my clients."
Reply From Allen L.
Thank you for the kind words — I'm glad the service agreement gives you the confidence to put it to work with your clients. It was a pleasure helping with this one, and I'm here if you need anything else down the road. -Allen
View More
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Water Service Agreement?
Business lawyers by top cities
- Austin Business Lawyers
- Boston Business Lawyers
- Chicago Business Lawyers
- Dallas Business Lawyers
- Denver Business Lawyers
- Houston Business Lawyers
- Los Angeles Business Lawyers
- New York Business Lawyers
- Phoenix Business Lawyers
- San Diego Business Lawyers
- Tampa Business Lawyers
Water Service Agreement lawyers by city
- Austin Water Service Agreement Lawyers
- Boston Water Service Agreement Lawyers
- Chicago Water Service Agreement Lawyers
- Dallas Water Service Agreement Lawyers
- Denver Water Service Agreement Lawyers
- Houston Water Service Agreement Lawyers
- Los Angeles Water Service Agreement Lawyers
- New York Water Service Agreement Lawyers
- Phoenix Water Service Agreement Lawyers
- San Diego Water Service Agreement Lawyers
- Tampa Water Service Agreement Lawyers
ContractsCounsel User
Consulting Contract
Location: Georgia
Turnaround: A week
Service: Drafting
Doc Type: Service Agreement
Number of Bids: 3
Bid Range: $375 - $1,000
User Feedback:
ContractsCounsel User