RECEIVED 

JUL 1 9 2010 

U.S. EPA REGION 10 

OFFICE OF COMPLIANCE AND ENFORCEMENT 

ORCP 33 
RECEIVED 

CERTIFICATE 

State of Oregon 

OFFICE OF THE SECRETARY OF STATE 

JUL 1 9 2010 

2f!I£££L£25fHfNCEAND ENFORCEMENT , 

I, Austin Wray Schulz, certify that in accordance with ORS 171.325 that the attached copies listed below are a true 

and correct copy extracted from the 2009 Oregon Revised Statutes. 

1. Oregon Rules of Civil Procedure, ORCP 33. 2 pages in length. 

In Testimony Whereof, I have hereunto set my hand 

and affixed hereto the Seal ofthe Secretary of State 

of the State of Oregon. 

Done at Salem, Oregon, this 

July 7, A.D.2010. 

Austin V^ ^ Schulz 

Assistant to the Secretary of State 

"F^' V 
ORCP 32 L OREGON RULES OF CIVIL PROCEDURE 

L Form of judgment. The judgment in 

an action ordered maintained as a class action, whether or not favorable to the class, 

shall specify or describe those found to be 

members of the class or who, as a condition 

of exclusion, have agreed to be bound by the 

judgment. If a judgment that includes a money award is entered in favor of a class, the 

judgment must, when possible, identify by 

name each member of the class and the 

amount to be recovered thereby. 

M Attorney fees, costs, disbursements, and litigation expenses. 

M(l)(a) Attorney fees for representing a 

class are subject to control of the court. 

M(l)(b) If under an applicable provision 

of law a defendant or defendant class is entitled to attorney fees, costs, or disbursements from a plaintiff class, only 

representative parties and those members of 

the class who have appeared individually are 

liable for those amounts. If a plaintiff is entitled to attorney fees, costs, or disbursements from a defendant class, the court may 

apportion the fees, costs, or disbursements 

among the members ofthe class, 

M(l)(c) If the prevailing class recovers a 

judgment that can be divided for the purpose, 

the court may order reasonable attorney fees 

and litigation expenses ofthe class to be paid 

from the recovery. 

M(l)(d) The court may order the adverse 

party to pay to the prevailing class its reasonable attomey fees and litigation expenses 

if permitted by law in similar cases not involving a class. 

M(l)(e) In determining the amount of attorney fees for a prevailing class the court 

shall consider the following factors: 

M(l)(eXi) The timB and effort expended 

by the attomey in the litigation, including 

the nature, extent, and quality of the services rendered; 

M(l)(e)(ii) Results achieved and benefits 

coriferred upon the class; 

, M.(l)(e)(iii) The magnitude, complexity, 

and uniqueness ofthe litigation; 

M(l)(e)(iv) The contingent nature of success; and 

M(l)(e)(v) Appropriate criteria in Rule 

1.5 of the Oregon Rules of Professional Conduct. 

M(2) Before a hearing under section C 

of this rule or at any other time the court 

directs, the representative parties and the 

attomey for the representative parties shall 

file with the court, jointly or separately: 

M(2)(a) A statement showing any amount 

paid or promised them by any person for the 

services rendered or to be rendered in connection with the action or for the costs and 

expenses of the litigation and the source of 

all of the amounts; 

M(2)(b) A copy of any written agreement, 

or a summfuy of any oral, agreeinent, between the representative parties and their 

attorney concerning financial arrangement 

or fees; and 

M(2)(c) A copy of any written agreement, 

or a summary of any oral agreement, by the 

representative parties or the attorney to 

share these amounts with any person other 

than a member, regular associate, or an attorney regularly of counsel with the law firm 

of the representative parties' attorney^ This 

statement shall be supplemented promptly if 

additional arrangements are made. 

N Statute of limitations. The statute 

of limitations is tolled fpr all class members 

upon the commencenient of an action asserting a class action. The statute of limitations 

resumes running against a member of a 

class: 

N(l) Upon filing of an election of exclusion by such class member; 

N(2) Upon entry of an order of certification, or of an amendment thereof, eliminating 

the class member froih 1:he class; 

N(3) Except as to representative parties, 

upon entry of an order under section C of 

this rule refusing to certify the class as a 

class action; and ' '•• 

N(4) Upon dismissal of the action without an adjudication on the merits. [CCP 

12/2/78; amended by CCP 12/13/80; amended ;by 1981 Ci912 

§1; §H amended by CCP 12/8/84; amended by CCP 

12/12/92; §F amended by CCP 12/10/9.4; §N amended by 

CCP 12/9/00; §§F,M amended by 2003 c.576 §§173,259; 

§§F,N amended by CCP 12/9/06; §K deleted and 

§§L,M,N,0 redesignated and amended by 2009 c.552 §§1 

to 5] • 

INTERVENTION 

RULE 33 

A Definition. Intervention takes place 

when a third person is perinitted to become 

a party to an action between other persons, 

either by joining the plaintiff" in claiming 

what is sought by the cbniplaint, by uniting 

with the defendant in resisting the claims of 

the plaintiff, or by demanding something adversely to both the plaintiff and defendant. , 

B Intervention of right. At any time 

before trial, any person shall be permitted to 

intervene in an action when a statute of this 

state, these rules, or the common law, confers an unconditional right to intervene. 

C Permissive intervention. At ahy time 

before trial, any person who has an interest 

in the matter in litigation may, by leave of 

court, intervene. In exercising its discretioUi 

the court shall consider whether the interORCP Page 148 (2009 Edition) 
OREGON RULES OF CIVIL PROCEDURE ORCP 36 B 

vention will unduly delay or prejudice the 

adjudication of the rights of the original 

parties. 

D Procedure. A person desiring to intervene shall serve a motion to intervene 

upon the parties as provided in Rule 9. The 

motion shall state the grounds therefor and 

shall be accompanied by a pleading setting 

forth the claim or defense for which intervention is sought. If the court allows the intervention, parties shall, within 10 days, file 

those responsive pleadings which are permitted; or required by these rules for such 

pleading. [CCP 12/2/78; §B amended by 1979 c.284 §21] 

SUBSTITUTION OF PARTIES 

RULE 34 

A Nonabatement of action by death, 

disability, or transfer. No action shall 

abate by the death or disability of a party, 

pr by the transfer pf any interest therein, if 

the claim survives or continues. 

B Death of a party; continued proceedings. In case of the death of a party, the 

. court shall, on motion, allow the action to 

be continued: 

B(l). By such party's personal representative or successors in interest at any time 

within one yiear after such party's death; or 

B(2) Against such party's personal representative or successprs in interest unless the 

personal representative or successors in interest,inail or deliver nptice including the 

information required by ORS 115.003 (3) to 

the claimant or to the claimant's attoriiey if 

the claimant is known to be represented, and 

the claimant or his attorney fails to move 

the court to substitute the. personal reprcr 

sentative or successors in interest within 30 

days of mailing or delivery. . 

C Disability of a party; continued 

proceedings. In case of the disability of a 

party, the court may, at any .time within one 

year thereafter, on motion, allow the action 

to be continued by.or against the party's 

guardian or conservator or successors in interest. ' • 

, D,Death of a party; surviving parties. 

In the event of the death of one or more pf 

the plaintiffs or of one or more of the defendants in an action in which the right 

sought to be enforced survives only tp the 

surviving praintiffs or only against the surviving defendants, the action does not abate. 

The death shall be shov/n upon the record by 

a written statement of a . party signed in 

conformance with Rule 17 and the, action 

shall proceed in favor of or against the surviving parties. 

E Transfer of interest. In case of any 

transfer of interest, the action may be continued by or against the original party, unless the cpurt upon motion directs the person 

to whom the interest is transferred to be 

substituted in the action or joined with the 

original party. 

F Public officers; death or separation 

from office. 

F(l) When a public officer is a party to 

an action in such officer's official capacity 

and during its pendency dies, resigns, or 

otherwise ceases to hold office, the action 

does not abate and such officer's successor 

is automatically substituted as a party. Proceedings following the substitution shall be 

in the name of the substituted party, but any 

misnomer not affecting the substantial rights 

of the parties shall be disregarded. An order 

bf substitution may be entered at any time, 

but the omission to enter such an order shall 

not affect the substitution. 

F(2) When a public officer sues or is sued 

in such officer's cfficial capacity, such officer 

may be described as a party by official title 

rather than by name; but the court may require such pfficer's name to be added. 

G Procedure. The liiotion for substitution may be made by any party, or by, the 

successors in interest or representatives of 

the deceased party or the party with a disability, or the successors in interest; of the 

trarisferor and shall be served on the parties 

as provided in Rule 9 and upon persons not 

parties in the- manner provided in Rule 7 for 

the service of a summons. [CCP 12/2/78; ,§D 

amended by 1979 c.284 §22; §B amended by CCP 12/14/02; 

§G amended by 2007 c. 70 §5] 

RULE 35 

(Reserved for Expansion) 

GENERAL PROVISIONS 

GOVERNING DISCOVERY 

RULE 36 

A Discovery methods. Parties, may obtain discpyery by one br more bf the followr 

ing ihethods: depositions upori; oral 

examination pr vvritten questions; production 

of documents or things or permission to enter, upon land or other property, for. inspection and other purposes; physical and mental 

examinations; and requests fpr admission. 

B Scope of discovery. Unless otherwise 

limited by order of the court in accordance 

with these rules, the scope of discovery is as 

follows: 

B(l) In general. For all forms bf discovery, parties may inquire regarding any matter, not privileged, which is relevant to the 

claim or defense of the party seeking discovery or to the claim or defense of any other 

party, including the existence, description. 

ORCP Page 149 (2009 Edition) 
OREGON ADMINISTRATIVE 

RULES COMPILATION 

2010 EDITION - VOLUME 15 

The Oregon Adniinistrative Rules Compilation contains the administrative rules filed through 

November 13, 2009. This annual publication is updated monthly by the on-line Oregon Bulletin. 

TIease refer to the OAR Cumulative Index in the on-line Oregon Bulletin.for a ciirrent listing of" 

rulemaking actions. - -

PubUshed by. -

: KATE BROWN 

Secretary of State . -

Copyright 2010 Oregon Secretary of State 
Chapter 690 Water Resources Department 

690-230-0140 

Water Right Limitation for Nonstandard Effluent Disposal 

Systems 

If the low-temperature geothermal effluent is disposed of by way 

of a nonstandard low-temperature geothermal effluent disposal system, 

the right to appropriate the low-temperature geothermal fluid shall be 

inferior to all subsequent rights for beneficial consumptive use and/or 

to the rights of those appropriators who make use of a standard lowtemperature geothermal effluent disposal system. If a nonstandard lowtemperature geothermal effluent disposal system is upgraded to a standard low-temperature geothermal effluent disposal system the 

associated water right retains the priority date established upon initial 

filing. 

Stat. Auth.: ORS 183,536,537 & 540 

Stats. Implemented: ORS 183,536,537 & 540 

Hist.: WRD 12-1982, f. & ef. 12-14-82; WRD 13-1986, f. 10-7-86, ef. 11-1-86, 

Renumbered from 690-065-0070; WRD 18-1990, f. & cert. ef. 12-14-90 

DIVISION 235 

GROUND WATER ADVISORY COMMITTEE 

690-235-0005 

Gromid Water Advisory Committee: Appointments, Terms, and 

Qualifications 

(1) There is created the Ground Water Advisory Committee consisting of nine members appointed by the Commission: Three of 

whom shall be individuals actively engaged in some aspect of the 

water supply or monitoring well drilling industry. Members shall be 

residents of Oregon. 

(2) Each member shall be appointed for a term of up to three 

years. When a vacancy occurs before the expiration of a term, the 

vacancy shall be filled by appointment for the remainder of the unexpired term only. Terms shall be staggered. Three of the terms shall 

expire each year. 

(3) The Commission shall consider geographic representation, 

population representation, as well as a range of interests and expertise 

in the selection of members. The committee shall be composed of individuals with expertise in and representing interests of one or more of 

the following: well drilling industry, hydrogeology, irrigation, local 

govemment, Indian Tribes, environment, public health, industry, commerce, water project development, watershed enhancement, instream 

flow, agriculture, weU pump installation, exempt ground water users, 

any other category with a ground water interest. The Commission shall 

give consideration to individuals with multiple category backgrounds. 

(4) Officers of Committee: The Committee shall select one of its 

members as Chair and another as Vice-Chair. Maximum terms of officers shall be two years for each position within six consecutive years. 

(5) Meetings of the Committee: The Committee shall meet at 

least once every three months at locations specified by the Director. 

(6) Members may receive travel expenses subject to ORS 

292.495. 

(7) The Department shall solicit candidates for the committee in 

anticipation of an appointment. The Department shall mail notice seeking candidates to all persons and organizations which have filed with 

the Department a written request to be included on the maiUng list 

maintained for the Ground Water Advisory Committee. Appointments 

to the committee are not limited to individuals submitted for consideration as a result ofthe solicitation process set forth above. 

Stat. Auth.: ORS 536.090 

Slats. Implemented: ORS 536.090 

Hist.: WRD9,f.&ef. 12-9-77; WRD 13-1986,f. 10-7-86,ef 11-1-86, Renumbeied 

from 690-064-0005; WRD 7-1988, f. & cert. ef. 6-29-88; WRD 8-1993, f. 12-14-

93, cert. ef. 1-1-94; WRD 4-1997, f. & cert. ef. 8-29-97 

690-235-0020 

Ground Water Advisory Conunittee Duties 

The Committee shall consider and advise the Commission on all 

matters relating to: 

(1) Rules, legislation, and public policy for the development, 

securing, use, and protection of groundwater. 

(2) Licensing of well constructors, including the examination of 

such persons for license. 

(3) Review the proposed expenditure of all revenues generated 

under ORS 537.762(5). At least once a year, and before the expenditure of such funds on new program activities, the Water Resources 

Department and the Committee shall develop jointly a proposed 

expenditure plan for concurrence by the Water Resources Commission. The plan may be modified, if necessary, upon the joint recommendation ofthe Department and the Committee with concurrence by 

the Commission. 

Stat. Auth,: ORS 536.090 & 537 J05 - 537.795 

Stats. Implemented: ORS 536.090 & 537505 - 537.795 

Hist.: WRD9,f.&ef. 12-9-77; WRD 13-1986,f. 10-7-86,ef. 11-1-86, Renumbeied 

from 690-064-0010; WRD 8-1993, f. 12-14-93, cert.ef. 1-1-94 

DIVISION 240 

CONSTRUCTION, MAINTENANCE, ALTERATION, 

CONVERSION AND ABANDONMENT OF MONITORING 

WELLS, GEOTECHNICAL HOLES AND 

OTHER HOLES IN OREGON 

690-240-0005 

Introduction 

(1) Monitoring wells and geotechnical holes drilled to allow 

ground water and geologic determinations are constructed in a variety of environments and under a variety of conditions. Improper construction, maintenance, operation, and abandonment can allow deterioration of ground water quality and supply. Although enforcement 

actions may be exercised against other parties, the landowner of the 

property where the monitoring well or geotechnical hole is constructed 

is ultimately responsible for the condition, use, maintenance, conversion, and abandonment of the monitoring well, or geotechnical hcile. 

(2) Holes other than monitoring wells, water supply wells, or 

geotechnical holes which are drilled, excavated, or otherwise constructed in the earth's surface can also provide an avenue for deterioration of ground water quality. Improper construction, maintenance, 

use, and abandonment of other holes can pose a significant risk to 

ground water. Table 240-1 lists common subsurface borings and indicates which administrative rule governs the construction, conversion, 

maintenance, alteration, and abandonment ofthe boring. 

(3) Ground water problems are difficult, expensive, and time consuming to correct. The Water Resources Commission (Commission) 

has been authorized to develop standards for wells drilled for the purpose of monitoring ground water in order to protect the state's ground 

waters. The Commission has also been authorized to develop standards 

for other holes through which ground water may become contaminated. The rules set forth herein are adopted to provide that protection. 

Their purpose is to prevent and eliminate ground water contamination, 

waste, and loss of artesian pressure. 

(4) The Commission may develop additional rules as needed prescribing standards for the construction, operation, maintenance, and 

abandonment of other specific types of wells and holes to protect 

ground water. 

(5) Except for the Commission's power to adopt rules, the Commission may delegate to the Water Resources Director the exercise or 

discharge in the Commission's name of any power, duty or function 

of whatever character, vested in or imposed by law upon the Commission. The official act of the Director acting in the Commission's 

name and by the Conrniission's authority shall be considered to be an 

official act of the Commission. The Commission delegates to the 

Director full authority to act in the Commission's name where that delegation is reflected in these rules. 

(6) Under the provisions of ORS 537.780, the Commission is 

authorized to adopt such procedural rules and regulations as deemed 

necessary to carry out its function in compliance with the Ground 

Water Act of 1955. In fulfillment of these responsibilities and to ensure 

the preservation of the public welfare, safety, and health, the Commission has estabUshed these rules and regulations as the minimum 

standards for the construction, alteration, abandonment, conversion, 

and maintenance of monitoring wells in Oregon. 

(7) Monitoring weUs are wells as defined in ORS 537.515(9). A 

license and licensing fee, bond, examination, weU report, and start card 

are required for construction, conversion, alteration, or abandonment 

of a monitoring well. In addition, a start card fee is required for new 

construction, deepening a well, and conversion. 

(8) To protect the ground water resource, the Commission has the 

authority to regulate geotechnical holes under ORS 537.780(l)(c)(A). 

2010 Edition 

Oregon AdministratiTe Rules Compilation 

15 -159 (11-13-09) 
Chapter 690 Water Resources Department 

Construction of geotechnical holes requires either a Water Supply Well 

Constructor or Monitoring Well Constructor's License or Oregon registration as a geologist or civil engineer. If any one of the criteria in 

OAR 690-24O-O035(2)(a)-(d) is met, a geotechnical hole report must 

be submitted. 

(9) To protect the ground water resource, the Commission has the 

autiiority, under ORS 537.780(l)(c)(A), to regulate any holethrough 

which ground water may be contaminated. Construction of holes other 

than water supply wells and monitoring wells does not require a 

license and licensing fee, bond, examination, well report, start card, 

and start card fee. 

(10) Holes constiucted under ORS Chapters 517,520, and 522, 

and rules promulgated from those statutes, are the responsibiUty of the 

Oregon Department of Geology and Mineral Industries and are not 

subject to these rules. These include, but are not Umited to, holes constructed for the purposes of exploring for, or producing, petroleum, 

minerals, or geothermal resources. 

(11) The mles and regulations set forth herein shall become effective upon adoption by the Water Resources Commission. 

(12) Under no circumstances shall a monitoring well, piezometer, geotechnical hole, or other hole be constructed in a manner that 

allows commingling or leakage of ground water by gravity flow or 

artesian pressure from one aquifer.to another. (See definition of 

aquifer.) 

(13) The rules and regulations set forth herein provide the minimum standards for the constmction, conversion, eilteration, maintenance, and abandonment of monitoring wells, geotechnical holes, and 

other holes. After the effective date of adoption of these rules and regulations, no monitoring well, geotechnical hole, or other hole shall be 

constructed, altered, converted, or abandoned conttary to the provisions of these rules and regulations without prior approval from the 

Water Resources Department. Violation of these standards may result 

in enforcement under OAR chapter 690, division 240, including suspension or revocation of a constructor's license, imposition of civil 

penalties on the landowner or constructor, action on a bond, or other 

sanctions authorized by law. 

[ED. NOTE: Tables referenced are available from the agency.] 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist,: WRD 14-1990, f. & cert, ef. 8-9-90; WRD 8-1993, f. 12-14-93,cert. ef. 1-1-

94; WRD 2-1995,f. 5-17-95,cert.ef. 7-1-95; WRD 7-2001,f.& cert.ef. 11-15-01; 

WRD 4-2004, f. & cert. ef. 6-15-04; WRD 2-2006, f. & cert. ef. 6-20-06 

690-240-0006 

Special Standards 

(1) Site conditions may require specific design, construction, and 

abandonment procedures to adapt to the existing local geologic and 

ground water conditions to fully utiUze every natural protection to the 

state's ground water. Specific site conditions may require different 

design, construction, setback, or abandonment standards than required 

by the Monitor Well or Geotechnical Hole construction rules. Alternative technologies or methods not addressed in these rules may also 

exist which could be effectively utiUzed in the construction or abandonment of a monitoring well or geotechnical hole. Prior to the completion of the well, a bonded constmctor must request and receive 

approval fix)m the Department to use methods or materials that do not 

meet the monitoring well or geotechnical hole construction standards. 

The Department may approve such requests either orally or in writing. If oral approval is granted, the written request must be submitted 

to the Department within three working days of the date of the oral 

approval. Failure to submit,a written request as described above may 

void the prior oral approval. The proposed methods or materials shall 

provide at least the same leyel of resource protection as that which is 

provided by these rules. 

(2) The written request for special standards shall include: 

(a) Name, Ucense number and signature of the bonded well constructor; 

(b) Location of the well by county, township, range, section, taxlot (if assigned) and either the 1/4,1/4 section or Latitude and Longitude as estabUshed by a global positioning system; 

(c) Name and address of landowner; 

(d) Address of the project/well site; 

(e) Type of work; 

(f) The reasons(s) that conformance to the rules and regulations 

for monitoring wells or geotechnical holes cannot be met; 

(g) A diagram and written description showing the proposed 

monitoring well or geotechnical hole's design, construction, or abandonment; 

(h) The well identification number, if assigned; and 

(i) The start card number. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f. & cert. ef. 8-9-90; WRD 8-1993, f. 12-14-93, cert. ef. 1-1-

94; WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95; Renumbered fiom 690-240-0140 by 

WRD 7-2001,f.&cert.ef. 11-15-01 

690-240-0007 

Special Area Standards 

If at any time, the Commission finds that different or supplemental standards are required for the safe development of ground water 

from any aquifer or area, special area standards for the construction 

and maintenance of monitoring wells, geotechnical holes, or other 

holes within such areas may be adopted as rules by the Commission. 

In the absence of such special area standards, these mles constitute the 

sole administrative standards of the Water Resources Department governing construction, conversion, maintenance, alteration, and abandonment of monitoring wells, geotechnical holes and other holes. 

Stat. Auth.: ORS 537.780 

Stats. Implemented: 

Hist.: WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95; WRD 7-2001, f. & cert. ef. 11-15-

01 

690-240-0010 

Definitions 

The following definitions apply to terms as used in monitoring 

well, geotechnical hole and other hole rules, OAR 690-240-0005 to 

690-240-0640. No other definitions of these same words apply: 

(1) "Abandonment, Permanent" means to remove all or any portion of a monitoring well from service by filling it in such a manner 

that vertical movement of water within the weU bore and within the 

annular space surrounding the well casing is effectively and permanentiy prevented. This term is synonymous with "decommission". 

(2) "Abandonment, Temporary" means to remove a drilUng 

machine from a well site after completing or altering a weU provided 

the well is not immediately put into service, or to remove a well from 

service with the intent of using it in the future. 

(3) "Altering a WeU" means the deepening, re-casing, perforating, re-perforating, installation of packers or seals, and other material changes in the design or constmction of a well. Material changes 

include but are not limited to the instaUation or modification of well 

casing including casing extensions, or installation or modification of 

liner pipe, or under reeuning of the borehole. 

(4) "Annular Space" means the space between the drillhole wall 

and the outer well casing. 

(5) "Aquifer" means a geologic formation, group of formations, 

or part of a formation that contains saturated and permeable material 

capable of transmitting water in sufficient quantity to supply wells or 

springs and that contains water that is similar throughout in characteristics such as potentiometric head, chemistry, and temperature. (Figure 240-1) 

(6) "Area of Known or Reasonably Suspected Contamination" 

means a site that is currently under investigation by the Oregon Department ofEnvironmental Quality, U.S. Environmental Protection Agency, or other state or federal agency for the presence of contaminants, 

or a site where a prudent person would suspect contamination after 

conducting an appropriate inquiry consistent with good commercial 

or customary practice as to the nature of the property. 

(7) "Artesian Aquffer" means a confined aquffer in which ground 

water is under sufficient head to rise above the level at which it was 

first encountered whether or not the water flows at land surface, ff the 

water level stands above land surface the well is a flowing artesian 

weU. (Figure 240-1). 

(8) "Artesian Monitoring Well" means a monitoring well in 

which ground water is under sufficient pressure to rise above the level 

at which it was first encountered, whether or not the water flows at land 

surface, ff the water level stands above land surface the well is a flowing artesian monitoring weU. 

(9) "Bored WeU" means a weU constructed with the use of earth 

augers turned either by hand or by power equipment. 

(10) "Casing" means the outer tubing, pipe, or conduit, welded 

or thread coupled, and installed in the borehole during or after drilling 

2010 Edition 

Oregon Adniinistrative Rnles Compilation 

15-160 (11-13-09) 
Chapter 690 Water Resources Department 

to support the sides ofthe weU and prevent caving. Casing can be used, 

in conjunction with proper seal placement, to shut off water, gas, or 

contaminated fluids from entering the hole, and to prevent waste of 

ground water. 

(11) "Casing Seal" means the water tight seal established in the 

weU bore between the well casing and the drillhole waU, above the filter pack seal, to prevent the inflow and movement of surface water or 

shallow ground water in the well annulus, or to prevent the outflow or 

movement of water under artesian or hydrostatic pressures. 

(12) "Civil Engineer" means an individual registered by the State 

of Oregon to practice civil engineering. 

(13) "Clay" means a fine-grained, inorganic material having plastic properties and with a predominant grain size of less than 0.002 mm. 

(14) "Commission" means the Oregon Water Resources Commission. 

(15) "Committee" means the Oregon Ground Water Advisory 

Committee created by ORS 536.090. 

(16) "Confining Formation" means the "impermeable" stratum 

immediately overlying an artesian (confined) aquifer. (Figure 240-1) 

(17) "Consolidated Formation" means materials that have 

become firm through natural rock-forming processes. It includes, but 

is not Umited to, materials such as basalt, sandstone, shale, hard claystone, and granite. 

(18) "Contamination" means any chemical, ion, radionucUde, 

synthetic organic compound, microorganism, waste or other substance 

that does not occur naturally in ground water or that occurs naturally 

but at a lower concentration. 

(19) "Continuing Education" means that education required as a 

condition of licensure under ORS 537.747, to maintain the skills necessary for the protection of ground water, the health and general welfare of the citizens of Oregon and the competent practice of the construction, alteration, abandonment, conversion, and maintenance of 

water supply wells, monitoring wells, and geotechnical holes. 

(20) "Continuing Education Committee" means the Well Constructor Continuing Education Committee authorized under Chapter 

496, Oregon Laws 2001 (ORS 537.765). 

(21) "Continuing Education Course" means a formal offering of 

instruction or information to licensees that provides continuing education credits. 

(22) "Continuing Education Credit" (CEC) means a minimum of 

50 minutes of instruction or information approved by the Continuing 

Education Committee. 

(23) "Converting" a well means changing the use of an existing 

weU or hole not previously used to either withdraw or monitor water 

such that the well or hole can be used to either withdraw or monitor 

water. 

(24) "Deepening a weU" means extending the weU bore of an 

existing well through previously undisturbed native material. Deepening is a type of alteration. 

(25) "Department" means the Oregon Water Resources Department. 

(26) "Director" means the Director of the Department or the 

Director's authorized representatives. 

(27) "Documentation of Completion" means written evidence or 

documentation demonstrating attendance and completion of a continuing education course, including but not limited to: a certificate of 

completion, diploma, transcript, certified class roster, or other documentation as approved by the Continuing Education Committee. 

(28) "Dug WeU" means a well in which the excavation is made 

by the use of digging equipment such as backhoes, clam shell buckets, or sand buckets. (See Hand dug well) 

(29) "Excavation" means a free-standing cavity with greater 

width than depth constructed in the earth's surface which has a primary 

purpose other than seeking water or water quality monitoring. 

(30) "Figure", when used herein, refers to an illustration and is 

made a part of the primary article and section by reference. 

(31) "Filter Pack" means the granular material placed in the annular space between the weU screen and the borehole. 

(32) "Filter Pack Seal" means the fine grained sand or dry bentonite which is placed in the annulus above the filter pack and prevents 

grout infiltration into the filter pack. 

(33) "Geologic Formation" means an igneous, sedimentary or 

metamorphic material that is relatively homogeneous and is sufficiently recognized as to be distinguished from the adjacent material. 

The term is synonymous with "formation". 

(34) "Geologist" meeins an individual registered by the State of 

Oregon to practice geology. 

(35) "Geotechnical hole" means a hole constructed to collect or 

evaluate subsurface data or information, monitor movement of landsUde features, or to stabilize or dewater landslide features. Geotechnical holes are not monitoring wells or water supply wells as defmed 

below. Various classes and examples of geotechnical holes are Usted 

in OAR 690-240-0035(6)-{9). 

(36) "Grout" means approved cement, concrete or bentonite sealing material used to fill an aimular space of a well or to abandon a weU. 

(37) "Grout Pipe" means a pipe which is used to place grout at 

the bottom of the sealing interval of a well. 

(38) "Hand dug well" means a well in which the excavation is 

only made by the use of picks, shovels, spades, or other similar hand 

operated implements. (See Dug WeU) 

(39) "Heizardous Materials Training" means training as defined 

by OAR 437-002-0100 Adoption by Reference Subdivision H Hazardous Materials 1910.120 Hazardous Weiste Operations and Emergency Response. 

(40) "Hazardous Waste" means a substance as defined by ORS 

466.005. 

(41) "Health Hazard" means a condition where there are sufficient concentrations of biological, chemical, or physical, including 

radiological, contaminants in the water that are likely to cause human 

illness, disorders, or disability. These include, but are not Umited to 

naturally occurring substances, pathogenic vimses, bacteria, parasites, 

toxic chemicals, and radioactive isotopes. Sufficient concentrations of 

a contaminant include but are not limited to contaminant levels set by 

the Oregon Department of Environmental QuaUty and Oregon Health 

Division. 

(42) "Health Threat" means a condition where there is an 

impending health hazard. The threat may be posed by, but not limited to: a conduit for contEimination, or a well affecting migration of a 

contaminant plume, or the use of contaminated water. A well in which 

the constmction is not verffied by a monitoring well report or geophysical techniques may be considered a conduit for contamination in 

certain circumstances. Those circumstances include, but are not limited to: an unused and neglected weU or a well for which no surface 

seal was required. A well in which the casing seal, filter pack seal, or 

watertight cap has failed, or was inadequately installed may be considered a conduit for contamination. 

(43) "Horizontal WeU" means a weU that intentionally deviates 

more than 20 degrees from true vertical at any point. • 

(44) "Hydrologic Cycle" is the general pattern of water movement by evaporation from sea to atmosphere, by precipitation onto 

land, and by return to sea under influence of gravity. 

(45) "Impermeable Sealing Material" means cement or bentonite 

which is used to fill the open annulus. 

(46) "Jetted WeU" means a well in which the,drillhole excavation 

is made by the use of a high velocity jet of water. 

(47) "Leakage" means movement of surface and/or subsurface 

water around the well casing or seal. 

(48) "Monitoring WeU" means a well designed and constructed 

to determine the physical (including water level), chemical, biological, or radiological properties of ground water. 

(49) "Monitoring Well Constmctor" means any person who has 

a current water well constmctor's Ucense with a monitoring well 

endorsement issued in accordance with ORS 537.747(3). 

(50) "Monitoring Well Constmctor's License" means a Water 

WeU Constmctor's License with a monitoring weU endorsement issued 

in accordance with ORS 537.747(3). 

(51) "Monitoring WeU DriUing Machine" means any driving, jetting, percussion, rotary, boring, auguring, or other equipment used in 

the constmction, alteration, or abandonment of monitoring wells. 

(52) "Order" means any action satisfying the defmition given in 

ORS Chapter 183 or any other action so designated in ORS 537.505 

to 537.795. 

(53) "Other Hole" means a hole other than a water supply weU, 

monitoring well, or geotechnical hole, however constmcted, in naturally occurring or artificially emplaced earth materials through which 

ground water can become contaminated. Holes constracted under ORS 

2010 Edition 

Oregon Adniinistrative Rules Compilation 

15-161 (11-13-09) 
Chapter 690 Water Resources Departinent 

Chapters 517, 520, and 522 are not subject to these rales. Examples 

of other holes are Usted in OAR 690-240-0030. 

(54) "Perched (jround Water" means ground water held above the 

regional or main water table by a less permeable underlying earth or 

rock material. (Figure 240-1) 

(55) "Permeability" means the abUity of material to transmit 

fluid, usually described in units of gallons per day per square foot of 

cross-section area. It is related to the effectiveness with which pore 

spaces transmit fluids. 

(56) "Person" includes individuals, corporations, associations, 

firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, 

and the Federal Govemment and any agencies thereof. 

(57) "Petcock Valve" is a valve used to contain pressure which 

when opened will drain the line or pipe. 

(58) "Piezometer" means a type of monitoring weU designed 

solely to obtain ground water levels. Piezometers are prohibited in 

areas of known or reasonably suspected contamination. This term is 

synonymous with observation well. 

(59) "Porosity" means the ratio of the volume of voids in the geologic formation being drilled to the overall volume of the material 

without regard to size, shape, interconnection, or arrangement of openings. 

(60) "Potable Water" means water which is sufficiently free from 

biological, chemical, physical, or radiological impurities so that users 

thereof will not be exposed to or threatened with exposure to disease 

or harmful physiological effects. 

(61) "Potentiometric Surface" means the level to which water wUl 

rise in tightly cased wells. (Figure 240-1). 

(62) "Pressure Grouting" means a process by which grout is confined within the drillhole or casing by the use of retaining plugs or 

packers and by which sufficient pressure is appUed to drive the grout 

slurry into the annular space or zone to be grouted. 

(63) "Professional" means any person licensed or registered by 

the State of Oregon to constract monitoring wells, water supply weUs, 

or practice geology or civU engineering. 

(64) "PubUc-at-Large" means a person not actively engaged in 

the well industry. 

(65) "Refusal to Renew" means a provision in an order, or as 

allowed by ORS 537.747, that prohibits renewal of a weU constmctor's license, for a specified term not to exceed one year from the expiration date of the current Ucense. 

(66) "Remediation WeU" means a weU used for extracting contaminated ground water from an aquffer. This term is synonymous with 

"extraction well" and "recovery well". 

(67) "Respondent" means the person against whom an enforcement action is taken. 

(68) "Responsible Party" means the person or agency that is in 

charge of constraction or maintenance, or the landowner of record and 

is either in violation as specified in a notice of violation or who may 

benefit from that violation. 

(69) "Rough Drilling Log" means a record kept on the well site 

of the information needed to complete the well report for the well 

being constracted. 

(70) "Revoke" means termination of a well constmctor's Ucense. 

(71) "Sand" means a material having a prevalent grain size ranging from 2 millimeters to 0.06 millimeters. 

(72) "Silt" means an unconsoUdated sediment composed predominantly of particles between 0.06 mm and 0.002 mm in diameter. 

(73) "Slope StabiUty Geotechnical Hole" means a geotechnical 

hole excavated, drilled or bored for studying and/or monitoring movement of landsUde features, including water levels, or other mass-wasting features to detect zones of movement and establish whether movement is constant, accelerating, or responding to remedial measures. 

Hole(s) excavated, drilled or bored for the purpose of slope remediation or stabilization shall be considered a slope stability geotechnical 

hole. Slope stability geotechnical holes are not monitoring wells, 

piezometers, or water supply weUs. 

(74) "Sponsor" means an institution, professional organization, 

individual, or business that offers continuing education courses to 

licensees. This term is synonymous with provider. 

(75) "Static Water Level" means the stabilized level or elevation 

of water surface in a well not being pumped. 

Oregon Adininistrative Rules Compilation 

2010 Edition 15-16 2 

(76) "Stratum" means a bed or layer of a formation that consists 

throughout of approximately the same type of consolidated or unconsolidated material. 

(77) "Sump" means a hole dug to a depth often feet or less with 

a diameter greater than ten feet in which ground water is sought or 

encountered. 

(78) "Suspension" means the temporary removal of the privilege 

to constract wells under an existing Ucense for a period of time not to 

exceed one year. 

(79) "UnconsoUdated Formation" means naturally occurring, 

loosely cemented, or poorly indurated materials including clay, sand, 

silt, and gravel. 

(80) "Underground Injection" means the emplacement or discharge of fluids to the subsurface. 

(81) "Underground Injection System" means a weU, improved 

sump, sewage drain hole, subsurface fluid distribution system, or other 

system or ground water point source used for the emplacement or discharge of fluids. 

(82) "Upper Oversize Drillhole" means that part of the well bore 

extending from land surface to the bottom ofthe surface seal interval. 

(83) "Violation" means an infraction of any statute, rale, standard, order, license, compliance schedule, or any part thereof and 

includes both acts and omissions. 

(84) "Water Supply WeU" means a well, other than a monitoring 

well, that is used to beneficially withdraw or beneficially inject ground 

water. Water supply wells include, but are not Umited to, community, 

dewatering, domestic, irrigation, industrial, municipal, and aquffer 

storage and recovery wells. 

(85) "Water Supply Well Constmctor" means any person who has 

a current water well constmctor's license with a water supply well 

endorsement issued in accordance with ORS 537.747(3). 

(86) "Water Supply Well Constmctor's License" means a Water 

Well Constmctor's License with a water supply well endorsement 

issued in accordance with ORS 537.747(3). 

(87) "Water Table" means the upper surface of an unconfined 

water body, the surface of which is at atmospheric pressure and fluctuates seasonally. The water table is defined by the levels at which 

water stands in weUs that penetrate the water body. (See Figure 240-

1) 

(88) "Water Well Constmctor's License" means a license to constmct, alter, deepen, abandon or convert wells issued in accordance 

with ORS 537.747(3). Endorsements are issued to the license and are 

specific to the type of weU a constmctor is qualified to constmct, alter, 

deepen, abandon or convert. 

(89) "WeU" means any artificial opening or artificially altered 

natural opening, however made, by which ground water is sought or 

through which ground water flows under natureil pressure, or is artificially withdrawn or injected. This definition shall not include a natural spring, or wells drilled for the purpose of exploration or production of oil or gas. Prospecting or exploration for geothermal 

resources as defined in ORS 522.005 or production of geothermal 

resources derived from a depth greater than 2,000 feet as defined in 

ORS 522.055 is regulated by the Department of Geology and Mineral Industries. 

[ED. NOTE: Figures referenced are available from the agency.] 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f. & cert, ef 8-9-90; WRD 8-1993, f. 12-14-93, cert. ef. 1-1-

94; WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95; WRD 7-2001, f. & cert. ef. 11-15-01; 

WRD 1-2003, f. & cert. ef. 3-14-03; WRD 4-2004, f. & cert. ef. 6-15-04; WRD 2-

2006, f. & cert. ef. 6-20-06; WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09 

690-240-0011 

Organic Materials 

Organic materials which foster or promote undesired organic 

growth or have the potential to degrade water quaUty shall not be 

employed in the constmction of a well. This includes, but is not Umited to, brans, hulls, grains, starches, and proteins. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537 J05 - 537.795 

Hist.: WRD 7-2001, f. & cert. ef. 11-15-01 

690-240-0012 

Public Safety 

No monitoring well, geotechnical hole, or other hole shall be constracted, maintained, or abandoned in such a manner as to constitute 

a health threat, or health hazard or a menace to pubUc safety. 

Stat. Auth.: ORS 737.780 

(U-13-09) 
Chapter 690 Water Resources Department 

Stats. Implemented: 

Hist.: WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95; WRD 7-2001, f. & cert. ef. 11-15-

01 

690-240-0013 

Wells Cannot Be Used for Disposal of Contaminants 

No monitoring weU, geotechnical hole, or other hole shall be used 

as a disposal pit for sewage, industrial waste, or other materials that 

could contaminate the ground water supply. 

Stat. Auth.: ORS 537.780 

Stats. Implemented.: 

Hist.: WRD 2-1995, f. 5-17-95,cert. ef. 7-1-95; WRD 7-2001, f. & cert. ef. 11-15-

01 

690-240-0014 

Water Used Must be Potable 

All water used in the constraction, alteration, repair or abandonment of monitoring wells and geotechnical holes shall be potable. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 7-2001, f. & cert. ef. 11-15-01 

690-240-0015 

Delegation of Responsibility for Monitoring Wells, Geotechnical 

Holes and Other Holes 

(1) The Director may, by memorandum of understanding, delegate to another state agency direct control and management of monitoring wells, geotechnical holes and other holes when the other state 

agency implements these standards, as a minimum, for the constraction, operation, maintenance, and abandonment of monitoring wells, 

geotechnical holes and other holes. 

(2) Such delegation shall be revoked at such time as the agericy 

intentionally or repeatedly fails to enforce the standards. 

(3) The Water Resources Department shaU provide notice to all 

Oregon licensed Monitoring and Water Supply Well Constmctors and 

professional geologists and civU engineers registered in Oregon whenever authority is delegated to or revoked from another state agency. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f. & cert, ef 8-9-90; WRD 8-1993, f, 12-14-93, cert. ef. 1-1-

94; WRD 2-1995,f.5-17-95,cert.ef. 7-1-95; WRD 7-2001,f.&cert. ef. 11-15-01; 

WRD 2-2006, f. & cert. ef. 6-20-06 

690-240-0016 

Unattended WeUs 

All weUs, when unattended during constraction, shall be covered 

to protect pubUc health and safety. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537^05 - 537.795 

Hist.: WRD 7-2001, f. & cert. ef. 11-15-01 

690-240-0020 

Delegation Conditions 

In order for the Duector to delegate responsibility for monitoring weUs, geotechnical holes and other holes to another agency, constraction, operation or use, maintenance, and abandonment standards 

developed by that agency pursuant to OAR 690-240-0015 shall 

include, but not be Umited to, provisions to address the following factors: 

(1) Reporting well or hole location. 

(2) Reporting intended use of the well or hole. 

(3) Reporting well or hole design or constraction. 

(4) Assigning responsibility for compliance. 

(5) Protecting ground water through minimum standards for the 

constraction, operation or use, maintenance, and abandonment ofthe 

monitoring well, geotechnical hole or other hole that provide ground 

water protection equivalent to that provided by OAR 690-240-0005 to 

690-240-0540. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537 J05 - 537.795 

Hist.: WRD 14-1990,f.&cert.ef.8-9-90; WRD 8-1993,f. 12-14-93,cert.ef. 1-1-

94; WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95; WRD 7-2001, f. & cert. ef. 11-15-01; 

WRD 1-2003, t. & cert, ef 3-14-03 

690-240-0024 

Well Identification Label 

(1) Within 30 days of completion of well constraction, conversion, or alteration, the constmctor shall permanently affix a well identification label to the wellhead as described in Appendix 240-1. The 

Oregon Administrative Rules Compilation 

identification number shall be recorded on the well report. The well 

identification label shall be attached in such a manner as to be easily 

readable upon inspection. Identification labels shaU be furnished by 

the Department. 

(2) If a well identification label is aheady affixed to an existing 

well that is being altered, converted, or abandoned, the constmctor 

shall record the identification number on the well report. 

(3) When a well that has a well identification label (tag) on it is 

permanently abandoned, the well identification tag shall be destroyed. 

The weU identification tag shall not be reused. 

[ED. NOTE: Appendices referenced are available from the agency.] 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 7-2001, f. & cert. ef. 11-15-01 

690-240-0026 

Well Identification Label Maintenance 

The well identification label shall not be removed from the wellhead and shall be maintained by the land owner in an accessible location and in a readable condition. See Appendix 240-1 for weU identification label placement instractions. 

[ED. NOTE: Appendices referenced are available from the agency.] 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 7-2001, f.&cert.ef. 11-15-01 

690-240-0030 

Other Holes: General Performance and Responsibility 

Requirements 

(I)(a) Other holes are constmcted for a variety of purposes which 

may or may not encounter ground water. Other holes are constracted 

using a wide variety of equipment and are not typically designed to 

access water in order to collect subsurface information. Other holes 

include but are not Umited to: temporary (abandoned within 72 hours) 

wetland deUneation holes, gravel pits, pits for removal of underground 

storage tanks (UST), piUngs, tunnels, post holes, excavation and constraction holes, elevator shafts, and trenches. 

(b) Although enforcement actions may be exercised against other 

parties, the landowner of the property where the other hole is constracted is ultimately responsible for the condition and use ofthe other 

hole. 

(2)(a) In order to protect ground water, aU other holes shall be 

constracted, operated or used, maintained, and abandoned in such a 

marmer as to prevent contamination or waste of ground water; 

(b) In order to protect ground water, all other holes, when abandoned, shall be abandoned in such a manner that water cannot move 

vertically in them with any greater facility than in the undisturtied condition prior to constmction of the other hole; 

(c) Conversion of other holes to a water supply well, monitoring 

well, or geotechrucal hole shall be considered by the Water Resources 

Department on a case-by-case basis; 

(d) ff the other hole is an excavation for removal of an underground storage tank, water samples may be taken without adhering to 

the licensing, start card/fee, monitoring weU report and monitor weU 

conversion requirements. 

Stat. Auth.; ORS 537.780 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, {. & cert. ef. 8-9-90; WRD 8-1993, f. 12-14-93, cert, ef 1-1-

94; WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95; WRD 7-2001, f & cert. ef. 11-15-01 

690-240-0035 

Geotechnical Holes: General Performance and Responsibility 

Requirements 

(1) A geotechnical hole is defined in OAR 690-240-0010(35). 

Geotechnical holes may be either cased or uncased and are constracted 

to evaluate subsurface data or information (geologic, hydrogeologic, 

chemical, or other physical characteristics). Geotechnical holes are not 

"weUs" because their constmction and/or duration of use are different than weUs and therefore are not subject to the same requirements 

as wells. Geotechnical holes are broken into the following classifications: 

(a) Temporary (abandoned within 72 hours) geotechnical holes; 

(b) Cased permanent geotechnical holes; 

(c) Uncased permanent geotechnical holes; or 

(d) Slope StabiUty geotechnical holes. 

(2) A geotechnical hole report, signed by the responsible professional , must be submitted to the department if any of the criteria Ust2010 Edition 15 -163 (11-13-09) 
Chapter 690 Water Resources Department 

ed in subsections (a) through (d) below is met. The geotechrucal hole 

is: 

, (a) Greater than 18 feet deep; or 

(b) Within 50 feet of a water supply or monitoring well; or 

(c) Used to make a determination of water quality; or 

(d) Constmcted in an area of known or reasonably suspected contamination. 

(3) Geotechnical holes greater than ten feet in depth and less than 

eighteen feet in depth that do not meet any of the criteria spelled out 

in OAR 690-240-0035(2) shall have a professional person as 

described in OAR 690-240-0035(4)(c) responsible for the constraction and abandonment of the geotechnical hole but do not require a 

'Geotechnical Hole Report' to be filed. 

(4)(a) Although enforcement actions may be exercised against 

other parties, the landowner of the property where the geotechnical 

hole is constracted is ultimately responsible for the condition, use, 

maintenance, and abandonment of the geotechnical hole; 

(b) Conversion of a geotechnical hole to a water supply or monitoring well shall be considered by the Water Resources Department 

on a case by case basis; 

(c) When a geotechnical hole report is required, or if it is between 

10' and 18', any person (professional) who is responsible for the constraction, alteration or abandonment of a geotechnical hole shall have 

one of the following certifications: 

(A) A current Oregon Monitoring Well Constmctor's License; 

(B) A current Oregon Water Supply Well Constmctor's License; 

(C) Be registered by the State of Oregon as a Registered Geologist; or 

(D) Be registered by the State of Oregon as a Professional Engineer. 

(d) The professional shall show proof of Ucense or registration 

and^a current photo identification to Department employees upon 

request. 

(e) In order to protect the ground water resource, all geotechnical holes shall be constmcted, operated, used, maintained, and abandoned in such a manner as to prevent contamination or waste of ground 

water, or loss of artesian pressure. 

(f) ff the geotechnical hole is completed above ground, it shall 

have a minimum casing height of one foot above finished grade and 

a lockable cap with lock shall be attached to the top of the casing. If 

a geotechnical hole, except a slope stabiUty hole, is completed flush 

with the land surface, a lockable watertight cap with lock, shall be 

attached to the top of the casing. A vault or monument designed to be 

watertight, level with the ground surface, shall be installed to prevent 

the inflow of surface water. The cover must be designed to withstand 

the maximum expected loadings. 

(5)(a) A 'Geotechnical Hole Report' shall be prepared for each 

geotechnical hole, including unsuccessful geotechnical holes, constmcted, altered, converted, or abandoned ff the hole meets any of the 

requirements of OAR 690-240-0035(2) above. 

(b) The 'Geotechnical Hole Report' shall be filed with the 

Department within 30 days ofthe completion ofthe geotechnical hole; 

(c) The report shall be prepared in triplicate on forms furnished 

or previously approved in writing by the Water Resources Department. 

The original shaU be furnished to tiie Director, the fu-st copy shaU be 

retained by the professional, and the second copy shall be given to the 

landowner or customer who contracted for the constraction of the 

geotechnical hole; 

(d) In the event any drilling equipment or other tools are left in 

a geotechnical hole the professional shall enter this fact on the 

Geotechnical Hole Report; 

(e) A copy of any special authorizations or special standards 

issued by the Director shall be attached to the Geotechnical Hole 

Report. See OAR 690-240-0006 for information conceming special 

standards; 

(f) The report of geotechnical hole constraction shall include, as 

a minimum, the following: 

(A) Landowner name and address; 

(B) Started/Completed date; 

(C) Location of the geotechnic£tl hole by County, Township, 

Range, Section, tax lot number, if assigned, street address, or nearest 

address, and either the 1/4,1/4 section or Latitude and Longitude as 

established by a global positioning system (GPS); 

(D) Use of geotechnical hole; 

(E) TVpe of geotechnical hole; 

(F) Depth; 

(G) Map showing location of geotechnical hole on site must be 

attached and shall include an approximate scale and a north arrow; 

(H) General hydrologic and geologic information as indicated on 

the Geotechnical Hole Report; and 

(I) Such additional information as required by the Department. 

(6) Temporary geotechnical holes: 

(a) Temporary geotechnical holes include but are not limited to: 

drive points, soil and rock borings, temporary sample holes, permeabiUty test holes, and soil vapor holes; 

(b) Temporary geotechnical holes shall be abandoned within 72 

hours of initial constraction; 

(c) Any temporary casing that has been installed shaU be removed 

as part of the abandonment. 

(7) Cased permanent geotechnical holes: 

(a) Cased permanent geotechnical holes include but are not limited to: gas migration holes, cathodic protection holes, vapor extraction holes, and air sparging holes; 

(b) ff permanent casing is installed in a geotechnical hole, it shall 

meet the casing requirements in OAR 690-240-0430,690-210-0210, 

or 690-210-0190 and the sealing requirements in 690-240-0475. 

(8) Uncased permanent geotechnical holes: 

(a) Uncased permanent geotechnical holes include but are not 

limited to: pneumatic and electrical piezometers; 

(b) Temporary casing ceih be used during the constraction of the 

uncased permanent geotechnical hole but must be removed prior to 

completion. Surface casing (5 feet maximum) may be installed for 

placement of logging or recording equipment. 

(9) Slope StabiUty geotechnical holes. 

(a) Slope StabiUty geotechnical holes include but are not Umited to: slope instmmentation holes such as slope incUnometers, and 

slope remedial holes. 

(b) Slope stability geotechnical holes are defined in OAR 690-

240-0010(72). Such holes shaU be constmcted, operated, used, maintained, and abandoned in such a manner as to prevent contamination 

or waste of ground water. 

(c) When a Geotechnical Hole Report is required under OAR 

690-240-0035(2) for a slope stabiUty geotechnical hole that is constracted to facilitate water level measurements, an affidavit from an 

engineer or geologist qualified to perform geotechrucal investigations 

shaU be attached to the Geotechnical Hole Report. The affidavit shall 

have the qualified engineer or geologist's stamp on it and shall certify that the slope stability geotechnical hole is on a landsUde or a masswasting feature. 

(10) (jeotechnical Holes abandonment: 

(a) Geotechnical holes shaU be abandoned so that they do not: 

(A) Connect water bearing zones or aquifers; \ 

(B) Allow water to move vertically with any greater faciUty than 

in the undisturbed condition prior to constraction ofthe geotechnical 

hole; or 

(C) Allow surface water to enter the hole. 

(b) Temporary geotechnical holes constracted to collect a water 

quaUty sample shall be abandoned in accordance with OAR 690-240-

0510. 

Stat. Auth.: ORS 537.780 

Stats. Implemented: 

Hist.: WRD 2-1995, f 5-17-95,cert. ef. 7=1-95; WRD 7-2001, f. & cert. ef. 11-15-

' 01; WRD 1-2003,f.&cert.ef.3-14-03;WRD4-2004,f.&cert.ef.6-15-04; WRD 

2-2006, f & cert, ef 6-20-06; WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09 

690-240-0055 

License Required to Construct Monitoring Wells 

(1) Unless otherwise provided in these rales, any person who 

constracts, alters or abandons monitoring wells for another person 

shaU have a Monitoring Well Constmctor's License or work under the 

supervision of a Ucensed Monitoring Well Constmctor. 

(2) If a person advertises services or enters into contracts for the 

constmction, alteration or abandonment of monitoring wells for another person, that person shall fiimish a $10,000 Water WeU Constmctor's Bond or Irrevocable Letter of Credit to the Water Resources Commission and must be a Ucensed Monitoring Well Constmctor. 

(3) A property owner who constracts, alters, or abandons a monitoring well on their own property shall have a Landowner Well Per2010 Edition 

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15-164 (11-13-09) 
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mit as described in OAR 690-240-0340 for each monitoring well on 

which work is done. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537305 - 537.795 

Hist.: WRD 14-1990, f. & cert. ef. 8-9-90; WRD 8-1993, f. 12-14-93, cert. ef. 1-1-

94; WRD7-2001,f.&cert.ef. 11-15-01; WRD l-2003,f.&cert.ef 3-14-03; WRD 

4-2004, f & cert, ef 6-15-04; WRD 2-2006, t. & cert. ef. 6-20-06 

690-240-0060 

Monitoring Well Constructor License Examination 

(1) The Water Resources Department administers the written 

examination required under ORS 537.747. Separate examinations are 

administered for each license endorsement. The Department schedules 

the examination on the second Monday during the months of January, 

April, July and October. Examinees must pay a $20 exam fee. Special 

accommodations may be given to those individuals who cannot attend 

the regularly scheduled examination dates. Requests shall be considered on a case-by-case basis. The examination tests the applicant's 

knowledge of: 

(a) Oregon laws and administrative rales on the use of ground 

water, monitoring well constmctor licensing requirements, the constraction of monitoring wells and/or geotechnical holes, and the 

preparing and filing of Start Cards and Monitoring Well Reports; 

(b) Hydrogeology, the occurrence and movement of ground water 

and contaminants, and the design, constraction and development of 

monitoring wells; and 

(c) Types, uses, and maintenance of drilling tools and equipment, 

drilling problems and corrective procedures, repair of faulty monitoring wells, sealing of monitoring wells, and safety mles and practices. 

(2) An appUcant who fails to pass an endorsement examination 

may retake an examination for the same endorsement after three 

months and the payment of another examination fee. 

(3) Passing examination scores are valid for three years from the 

date ofthe examination. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented; ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f. & cert, ef 8-9-90; WRD 8-1993, f 12-14-93, cert. ef. 1-1-

94; WRD 7-2001, f.&cert.ef 11-15-01; WRD 2-2006,f.&cert.ef 6-20-06 

690-240-0065 

Monitoring Well Constructor License, Experience Requirements 

and TVainee Card 

(1) License. To quaUfy for a Monitoring Well Constmctor's 

License, a person shaU: 

(a) Be at least 18 years old; 

(b) Pass a written examination; 

(c) Have a minimum of one year experience, during the previous 

36 month period, in monitoring well constraction, alteration, or abandonment. This experience shall include the operation of well drilUng 

machinery for monitoring well constraction, alteration, conversion, or 

abandonment on a minimum of fifteen monitoring wells or a demonstration of equivalent experience in the operation of well drilling 

machinery. The following are acceptable as evidence of experience: 

(A) Monitoring weU reports or rough weU logs with applicant's 

name entered for each of the 15 wells. The name, address and telephone number of the person responsible for the constraction of each 

monitoring well shall be included on each report or log; 

(B) Income tax returns showing source of drilUng income for a 

period of time, or worker's compensation account information or the 

equivalent may be estabUshed to satisfy the one year of active constraction requirement; 

(C) Any other evidence the Director may deem suitable; 

(D) A license held in Euiother state shall not substimte for required 

evidence of experience. 

(d) Pay a license fee. 

(2) Trainee, ff an appUcant passes the written Monitoring Well 

Constmctor's License examination, but carmot meet the experience 

requirement the Commission may issue a trainee card. To quaUfy for 

a Monitoring Well Constmctor Trainee Card, a person must: 

(a) Be at least 18 years old; 

(b) Pass a written examination; and 

(c) Be supervised by a person who holds a vaUd Monitoring Well 

Constmctor's License. 

(3) Trainee Card. A Trainee Card is vaUd for tliree (3) years from 

the date the examination was passed. 

Oregon Administrative 

(4) Supervision. Supervision as it relates to any person who holds 

a Monitoring Well Constmctor Trainee Card: 

(a) A Trainee may operate a cable tool monitoring weU drilUng 

machine without a licensed Monitoring Well Constmctor physically 

present at the well site only ff: 

(A) The licensed constmctor can reach the well site within two 

hours if so requested by an authorized representative of the Department; and 

(B) The licensed constmctor has signed the rough drilling log 

within eight working hours prior to the representative's visit. 

(b) A licensed Monitoring Well Constractor must physically be 

on the site at aU times when a cable tool drilling machine is: 

(A) Drilling within a flowing artesian well; 

(B) Setting or advancing casing; 

(C) Setting Uner; 

(D) Perforating casing; 

(E) Setting well screens; 

(F) Placing packers; 

(G) Drilling into, through, or below ground water suspected or 

known to be contaminated; and 

(H) Placing casing seals. 

(c) A Monitoring Well Constmctor trainee may operate a noncable tool monitoring well driUing machine without a Ucensed Monitoring Well Constmctor physically present at the well site only during removal of the drill stem from the monitoring well. 

• (d) Activities under subsection (3)(c) of this rale shall proceed 

only if: 

(A) The licensed Monitoring Well Constractor can reach the site 

within one hour ff so requested by an authorized representative ofthe 

Department; and 

(B) The Ucensed Monitoring Well Constractor has signed the 

rough drilling log within eight working hours prior to the representative's visit. 

(e) An authorized representative of the Department in whose 

jurisdiction the monitoring well is being constmcted has the authority to: 

(A) Grant an extension to the time limits stated above when a 

request, showing good cause, is received from the bonded constractor in advance for each particular well; and 

(B) Place additional restrictions on the trainee, including requiring the constractor to be on the site at all times while the drilling 

machine is operating, when the Department representative determines 

that either the drilling environment or the knowledge and/or experience of the trainee wartant closer supervision; 

(f) For a Monitoring WeU Constractor trainee to operate a monitoring weU drilling machine without a Ucensed Monitoring Well Constractor present, the trainee's card must be endorsed with the name of 

the bonded Monitoring Well Constractor responsible for the constraction ofthe monitoring well. 

(5) Other supervision requirements for persons not Ucensed or 

permitted to constract monitoring wells, or who do not hold a Monitoring Well Constractor trainee card: 

(a) Persons who are in the act of constracting, altering, converting or abandoning monitoring weUs must be supervised by a Ucensed 

Monitoring WeU Constmctor who is physically present at the weU site 

at all times during constmction, alteration, conversion, or abandonment 

activity. 

(b) The supervising Monitoring Well Constractor is responsible 

for all applicable statutes and rales in constmction, alteration, conversion, or abandonment of the monitoring well. 

(6) Persons who satisfy all requirements of ORS 537.747(3) shall 

be issued a Monitoring Well Constmctor's License. The responsibilities for issuing and securing a Monitoring Well Constractor's License 

or trainee card are Usted in subsections (a) and (b) of this section. 

(a) The Monitoring Well Constructor's License appUcant is 

responsible for: 

(A) Completing an application or renewal form for a new or 

renewed Ucense or trainee card; 

(B) Submitting the application or renewal form to the Water 

Resources Department along with the required fees; 

(C) Carrying the license or trainee card whenever constracting, 

altering, converting, or abetndoning any monitoring well; and 

(D) Providing the Water Resources Department, within 30 days, 

notification of any change of mailing address. 

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2010 Edition 15 - 165 (11-13-09) 
Chapter 690 Water Resources Department 

(E) Providing the Water Resources Department documentation 

satisfying the continuing education requirements set forth in OAR 690-

240-0200 through 690-240-0280. 

(b) The Water Resources Department is responsible for: 

(A) Designing and providing Monitoring Well Constmctor 

license(s) and trainee cards; 

(B) Designing and providing application forms and renewal 

forms for licenses and application forms for trainee cards; 

(C) Processing appUcations and renewals for licenses and appUcations for trainee cards; and 

(D) Returning incomplete appUcation and renewal forms to appUcants for completion. 

(E) Sending new and renewed licenses to appUcants who have 

completed the application or renewal form and submitted the required 

fee. This does not preclude refusal to renew as outUned in OAR 690-

240-0070(4). 

(7) Bonded Monitoring Well Constmctor. For a person to possess 

a bonded Monitoring Well Constractor's License, the person shall provide to the Department a properly executed Water Well Constractor's 

Bond or Irrevocable Letter of Credit. The Water Resources Department 

sheill indicate on the constractor's license a bonded classification. 

(8) Representatives of the Water Resources Department may ask 

anyone constracting, altering, or abandoning a monitoring well to present their license or trainee card as proof of eligibiUty to constmct, 

alter, convert, or abandon monitoring wells in the State of Oregon. 

Licensed individuals shall display their license or trainee card and 

photo identification when they are requested to do so by Water 

Resources Department personnel or other agency personnel to whom 

monitoring well regulation has been delegated. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f&cert.ef 8-9-90; WRD 8-1993, f. 12-14-93, cert.ef. 1-1-

94; WRD 7-2001, f & cert. ef. 11-15-01; WRD 1-2003, f & cert, ef 3-14-03; WRD 

2-2006, f. & cert, ef 6-20-06 

690-240-0070 

Terms of Monitoring Well Constructor License and License Fees 

(1) The Department issues all Monitoring Well Constractor 

Ucenses. License fees are estabUshed by ORS 537.747. A penalty 

appUes to late renewals. 

(2) Fees for new licenses and renewal Ucenses are the same. The 

fee for a two year Ucense is $150. All licenses expire on June 30 of 

the second year. 

(3) A $100 penalty applies when a Ucensee renews a Ucense within 12 months of the expiration date. There is no charge for a Trainee 

Card. 

(4) Monitoring Well Constmctors who have not made arrangements with the Water Resources Department to pay civil penalties 

which are assessed against them shall not be issued a Ucense renewal or a new license untU after artangements for payment have been 

agreed to by the Department. Monitoring WeU Constmctors who have 

made arrangements for payment of civil penalties and have failed to 

meet the terms ofthe agreement, except in certain cases of bankraptcy, may not have their Ucense renewed or a new Ucense issued until 

all outstanding civil penalties owed to the Department have been paid. 

Stat. Auth.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 14-1990, f. & cert. ef. 8-9-90; WRD 7-2001, f & cert, ef 11-15-01; 

WRD 2-2006, f & cert, ef 6-20-06 

690-240-0200 

Continuing Education Committee 

A Continuing Education Program and Continuing Education 

Committee are established under chapter 496, Oregon Laws 2001 

(ORS 537.765). The duties of tiie WeU Constmctors Continuing Education Committee are to review and approve continuing education 

courses and assign continuing education credits. 

Stat. Auth.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 1-2003, f. & cert, ef 3-14-03 

690-240-0210 

Continuing Education Requirement 

(1) As of June 30, 2005, each individual Ucensed under ORS 

537.747 is required to obtain a minimum of 14 continuing education 

credits (CECs) during each Ucensing period regardless ofthe number 

of Ucenses or endorsements held. Continuing education credits may 

be obtained through cUnics, schools, professional organizations, seminars, lectures or other continuing education courses that relate to the 

practice of weU constmction and are approved by the Continuing Education Committee. 

(2) A minimum of two (2) CECs shall pertain to ground water 

and well constraction statutes under ORS 537.505 to 537.795 and 

537.992, and administrative rales under OAR 690-200 tiirough 690-

240 during each Ucensing period. 

(3) A maximum of eight (8) CECs may be obtained through 

approved safety/first aid/CPR/Hazardous Materials courses during 

each licensing period. Of the eight (8) CECs, a maximum of four (4) 

CECs may be obtained through Hazardous Materials training courses and a maximum of four (4) CECs may be obtained through safefy/first aid/CPR courses. 

(4) Exhibitions shall count as one (1) CEC per approved exhibition attended and shall not exceed two (2) CECs per Ucensing period. 

(5) Licensees may count approved CECs accumulated after January 1,2002, for their first Ucense renewal that requires CECs. 

Stat. Auth.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 1-2003, f & cert, ef 3-14-03 

690-240-0220 

Documentation 

(1) Each licensee is responsible for maintaining their continuing 

education records. Except as provided in OAR 690-240-0270(2), each 

licensee shall provide the Department with evidence of compUance 

with the continuing education requirement on a form approved by the 

Continuing Education Committee prior to or at the time of license 

renewal. 

(2) Licensees who do not provide documentation of completion 

of the continuing education requirement or receive a waiver shall not 

have their license(s), or appropriate endorsement(s), renewed untU this 

requirement is satisfied. 

(3) Licensees who provide documentation of completion of the 

continuing education requirement within the 12 months after their 

license expires may either pay the $100 late penalty fee or requaUfy 

for a new Monitoring Well Constmctor's License or endorsement in 

accordance with ORS 537.747(3). If a licensee fails to provide documentation of completion ofthe continumg education requirement within 12 months after expiration of their Ucense or endorsement the person must comply with the requirements of ORS 537.747(3) for a new 

Monitoring Well Constractor's License or endorsement. 

(4) CECs acquired during a renewal period in excess of the minimum CECs required may not be applied to future Ucensing periods. 

(5) When an individual obtains a new Monitoring Well Constractor's License that expires within 14 months or less, the continuing education requirement shall be prorated such that only seven (7) 

CECs are required at the first renewal. Ofthe seven (7) required CECs: 

(a) A maximum of two (2) CECs may be in Hazardous Materials training; 

(b) A maximum of two (2) CECs may be in safety/first aid/CPR; 

and 

(c) A minimum of one (1) CEC shaU pertain to ground water and 

weU constmction statutes under ORS 537.505 to 537.795 and 537.992, 

and administrative rales under OAR 690-200 through 690-240. 

Stat. Auth.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 1-2003, f. & cert, ef 3-14-03; WRD 2-2006, f. & cert, ef 6-20-06 

690-240-0240 

Approved Course List/Course Approval and Assignment of CECs 

(1) The Department shall maintain a Continuing Education Committee-approved Ust of courses. The Ust shall include, but not be limited to, the course title, class location and date, cost, (if applicable), 

and CECs assigned. 

(2) The Continuing Education Committee shall evaluate all 

courses related to continuing education for well constmctors and may 

assign CECs. The Continuing Education Committee shall notffy the 

course sponsor in writing of the results of their evaluation of the course 

material. The following criteria may be utiUzed to evaluate and assign 

CECs: 

(a) Course agenda and how well the subject relates to monitoring well constraction and other borings regulated by the Department; 

(b) Instractor qualifications; 

2010 Edition 

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(c) Subject difficulty; 

(d) Student course evaluations, if applicable; and 

(e) Other information as appropriate. 

(3) A licensee who is also the instractor of an approved continuing education course shall be entitied to double CECs for that course. 

A Ucensee who is also the instractor of an approved course, may only 

receive CECs for the course once during a single renewal period, 

regardless of the number of times a course is presented. 

(4) The following courses do not require pre-approval by the 

Continuing Education Committee: 

(a) First Aid and CPR, provided the instractor is certified by the 

American Red Cross, or has certification accepted by the American 

Red Cross; 

(b) Occupational Safety and Health Administration (OSHA) 

approved Hazardous Materials Training; and 

(c) OSHA approved courses pertaining to the well constraction 

industry. 

Stat. Auth.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 1-2003, f & cert, ef 3-14-03 

690-240-0250 

Course Sponsor Requirements 

(1) Course sponsors shaU submit a completed application for 

approval to the Continuing Education Committee on a form(s) provided by the Department at least 45 days prior to the date the course 

is to be presented. Approved sponsors shall: 

(a) Advertise the course to the satisfaction ofthe Continuing Education Committee; 

(b) Provide the Department with a certified class roster within 30 

days after completion of the course; 

(c) Provide documentation of completion to each qualffying 

attendee that shall include at a minimum: course title, course date(s), 

number of approved credits, and instractor and/or sponsor signature; 

and 

(d) Maintain the certified class roster for two years. 

(2) All cUnics, courses, classes, workshops, and seminars shall 

be open to anyone who wants to attend. This does not preclude a sponsor from imposing reasonable requirements for attendance such as 

fees, maximum occupancy limits, and requiring attendees to provide 

their own safety equipment. 

(3) Course approval and assigned CECs shall be effective for two 

years as long as the course remains the same. The Continuing Education Committee shall be notified in writing by the course sponsor, 

45 days in advance of each tirne an approved continuing education 

course is presented. Such notification shall include the course title, 

date, class location, cost (if appUcable), number of credits assigned, 

and a statement that the program has not changed from the course previously approved by the Continuing Education Committee. 

Stat. Audi.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 1-2003, f. & cert. ef. 3-14-03 

690-240-0260 

Loss of Approval 

The Continuing Education Committee may withdraw or suspend 

approval of a course if it is determined that any of the following has 

occurted: 

(1) The course content has changed without notice to the Continuing Education Committee; 

(2) The course was not advertised to the satisfaction ofthe Continuing Education Committee; 

(3) Documentation of completion has been issued to an individual who did not attend or complete the course in accordance with the 

provisions under which the course was approved; 

(4) Documentation of completion was not given to aU individuals who satisfactorily completed the course in accordance with the provisions under which the course was approved; 

(5) A certified class roster was not maintained by the sponsor for 

two years; 

(6) Fraud or misrepresentation has occiured with the appUcation 

for course approval, maintenance of records, teaching method, course 

content, or issuance of certificates for a course; or 

(7) Any other factor the Continuing Education Committee deems 

appropriate. 

Stat. Auth.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 1-2003, f & cert, ef 3-14-03 

690-240-0270 

Courses Taken Without Prior Approval 

(1) Except as provided in OAR 690-240-0210(5), a licensee may 

request that the Continuing Education Committee assign CECs for 

courses taken without prior approval within the curtent licensing period. 

(2) The licensee shall supply verification of attendance, a course 

outUne, and a written explanation as to why prior approval was not 

obtained. This information must be received in the Salem office of the 

Department no later than May 15 of the year that their Ucense or appropriate endorsement expires. 

(3) Courses taken without prior approval shall be evaluated by the 

Continuing Education Committee on a case-by-case basis using the 

criteria oudined in OAR 690-240-0240(2). This shall not apply to 

courses that do not require pre-approval under OAR 690-240-0240(4). 

Stat. Auth.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 1-2003, f. & cert, ef 3-14-03 

690-240-0280 

Waivers 

(1) The Director may waive the continuing education requirements for a Ucensed Monitoring Well Constmctor upon written request 

demonstrating inabiUty to attend continuing education courses ' 

because of health, military duty or other circumstances beyond the 

control of the constmctor. 

(2) Licensees who are denied a waiver may appeal to the Commission by filing a written exception with the Department within 60 

days of service of the Director's order. 

Stat. Audi.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 1-2003, f. & cert, ef 3-14-03; WRD 2-2006, f. & cert. ef. 6-20-06 

690-240-0320 

Contracting for Services 

Only Oregon licensed and bonded Monitoring Well Constmctors 

may advertise services or enter into a contract, either written or oral, 

to constmct, alter, convert, or abandon a monitoring well. Any written bid for a project which includes the constmction, alteration, conversion, or abandonment of a monitoring well must provide: 

(1) A bid or estimate for the work associated with monitoring 

well constraction signed by a Monitoring Well Constractor, who is 

licensed and bonded in the State of Oregon. 

(2) A statement by the Ucensed and bonded Monitoring Well 

Constractor tiiat the work will be completed in accordance with Oregon Ground Water Law (ORS Chapter 537) and die Rules for die Constraction, Maintenance, Alteration, Conversion, and Abandonment of 

Monitoring Wells, Geotechnical Holes, and Other Holes in Oregon 

(OAR chapter 690, division 240). 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f. & cert, ef 8-9-90; WRD 8-1993, f. 12-14-93, cert. ef. 1-1-

94; WRD 7-2001, f. & cert, ef 11-15-01; WRD 1-2003, f. & cert, ef 3-14-03, 

Renumbeied from 690-240-0075; WRD 2-2006, f. & cert, ef 6-20-06 

690-240-0330 

Monitoring Well Constructor and Landowner Well Bonds or 

Letters of Credit 

(1) Tlie Water Resources Department shall accept bonds only 

from corporations Ucensed by the Oregon Department of Insurance 

and Finance to issue fidelity and surety insurance. The Water 

Resources Department shall accept irtevocable letters of credit only 

from a bank as described in ORS 706.008. 

(2) ff the issuing corporation cancels a bond, the corporation shaU 

provide notice of cancellation to the Water Resources Department by 

registered or certified mail, ff the issuing bank cancels a letter of credit, the bank shall provide notice of canceUation to the Water Resources 

Department by registered or certified mail. The cancellation shall not 

take effect earUer than the 30th day after the date of mailmg in accordance witii ORS 742.366(2). 

(3) When issuing a final enforcement order that may place a bond 

or irrevocable letter of credit in jeopardy, the Director rriay mail a copy 

of the order to the address of record of the surety company issuing the 

bond, or the bank issuing the irrevocable letter of credit. 

2010 Edition 

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15 -167 (11-13-09) 
Chapter 690 Water Resources Department 

(4) All wells shall be constmcted under a bond or irrevocable letter of credit. The bond or letter of credit shall cover construction, alteration, conversion, or abandonment for each weU under that bond or letter of credit for a period of tliree years sifter the date the weU report is 

filed with the commission, whether or not the bond or letter of credit has been subsequentiy canceled. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f. & cert, ef 8-9-90; WRD 8-1993,1.12-14-93, cert, ef 1-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f. & cert, ef 3-14-03, 

Renumbered from 690-240-0080; WRD 2-2006, f & cert, ef 6-20-06 

690-240-0340 

Landowner Well Construction Permit, Fee and Bond 

(1) The Water Resources Conimission requires a pemiit, permit 

fee, and bond or irrevocable letter pf credit, for each monitoring well 

constracted, altered, converted, or abandoned by a landowner, unless 

the landowner is a Ucensed and bonded Monitoring WeU Constmctor. 

The landowner permit and bond shall be obtained prior to beginning 

workona weU. 

(2) To receive a Landowner Well permit, a person must submit 

the following to the Director: 

(a) A completed appUcation form provided by the Commission, 

containing, as a minimum: 

(A) The property owner's name, address and telephone number; 

(B) The surety company's name, address and telephone number; 

(C) The proposed location of the well by township, range, section, tax-lot number if assigned, and street address; 

(D) The proposed use of the monitor well; and 

(E) The type of proposed work; and 

(F) Well design plan on form approved by the Department. 

(b) A properly executed Landowner's Water Well Bond or Irrevocable Letter of Credit for $5,000 to the State of Oregon; and 

(c) A $25 pemiit fee. 

(3) Only the owner of record, a member of the immediate family of the owner of record, or a full time employee of the owner of 

record, (whose main duties are other than the constraction of wells), 

may operate a well drilUng machine under a landowner's permit. 

(4) A landowner pennit issued pursuant to these mles shall expire 

six months from the date of issuance. 

(a) A monitor well report shall be submitted within 30 days of 

expiration of the landowner permit, or within 30 days of completion 

of the well, whichever occurs first. 

(5) ff the landowner permit expires, a landowner may reapply for 

a new landowner permit by complying with the requirements described 

in sections (1), (2) and (3) of this rale. 

(6) The Department may deny a landowner pemiit if it is determined that the constmction, alteration, abandonment, or conversion of 

the proposed well is a health threat, a health hazard, a source of contamination, or a source of waste of the ground water resource. 

Stat. Auth.: ORS 183,536,537 & 540 

Stats. Implemented: 

Hist.: WRD 7-2001, f & cert, ef 11-15-01; WRD 2-2002, f & cert, ef 9-6-02; WRD 

1-2003, f. & cert, ef 3-14-03, Renumbered from 690-240-0082; WRD 4-2004, f. 

& cert, ef 6-15-04; WRD 2-2006, f & cert, ef 6-20-06 

690-240-0355 

Monitoring Well Drilling Machines 

(1) All monitoring well drilling machines being operated, other 

than under a landowner's pemiit, shall be plainly marked either with 

the bonded Monitoring Well Constractor's license number, the name 

of the bonded Monitoring WeU Constractor, or the name of the well 

drilling business. The markings shall be permanently affixed on each 

side of the vehicle. Good quality paint or commercial decal numbers 

shall be used in placing the identification information on the drilUng 

machine. In no case shall the constractor's license number, name, or 

business name, be inscribed with crayon, chaUc, marking keel, pencil, 

or other temporary markings. 

(2) In ail cases, the Ucense number, name, or business name, of 

the bonded Morutoring Well Constractor shall be removed from the 

drilUng machine immediately upon change of ownership or change of 

control of the drilUng machine. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 8-1993, f 12-14-93, cert, ef 1-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f. & cert, ef 3-14-03, 

Renumbei«d ftom 690-240-0085; WRD 2-2006, f. & cert. ef. 6-20-06 

690-240-0375 

Monitoring Well Construction Notice Required (Start Card) 

(1) Each bonded Monitoring Well Constractor licensed to operate in the State of Oregon and each landowner holding a leuidowner's 

permit shall provide notice as required in ORS 537.762 before commencing the constraction, alteration, or abandonment of any monitoring well or conversion of any other hole, geotechnical hole, or water 

supply well to a monitoring well. The start card shaU contain the following information: 

(a) Name and mailing address of the landowner; 

(b) Stteet address ofthe well; 

(c) The approximate location ofthe monitoring well; and 

(d) The proposed depth, diameter, and purpose or use ff the weU 

is new, altered, or converted. 

(2) In addition to the information required pursuant to OAR 690-

240-0375(l)(a)-(d), a start card may also contain information 

regarding the type of proposed alteration. 

(3) Forms for making these reports and submitting fees shall be 

furnished by the Department. 

(4) OAR 690-240-0340 shall apply to landowners who constract, 

alter, convert, or abandon a monitoring well. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 8-1993, f. 12-14-93, cert. ef. 1-1-

94; WRD 2-1995, f 5-17-95, cert, ef 7-1-95; WRD 7-2001, f & cert, ef 11-15-01; 

WRD 2-2002, f & cert, ef 9-6-02; WRD 1-2003, f. & cert, ef 3-14-03, Renumbered 

from 690-240-0090; WRD 4-2004, f. & cert, ef 6-15-04; WRD 2-2006, f. & cert. 

ef 6-20-06; WRD 3-2008,1.12-22-08, cert, ef 1-2-09 

690-240-0385 

Start Card Reporting Requirements 

(1) The start card notification required in ORS 537.762 shaU be 

submitted to the Department's region office within which the monitor well is being constmcted; altered converted or abeuidoned using one 

of the following methods: 

(a) Start cards submitted electronically shaU be transmitted by a 

Department-approved method and shall be submitted before beginning 

constraction, alteration, conversion or abandonment work of any monitor well. 

(b) By regular mail no later than three (3) calendar days (72 

hours) prior to commencement of work; or 

(c) By hand delivety, during regular office hours, before beginning the constraction, alteration, conversion or abandonment work on 

any monitoring well; or 

(d) By facsimile transmission (FAX) before beginning the constraction, alteration, conversion or abandonment work on any monitoring well. If this method is used, a legible copy of the start card shaU 

also be maUed or deUvered to the appropriate OWRD region office no 

later than the day work is commenced. 

(2) The fee required under ORS 537.762(5) for the constmction 

of a new well, deepening of an existing well, conversion of a water 

supply weU, geotechnical hole or other hole shall be submitted to the 

Department's Salem office with a dupUcate copy ofthe start card. A 

dupUcate start card is not required ff the start card fee is included with 

a start card submitted electronically under Section (l)(a) of this rale. 

(3) If a start card has been filed under section (1) and (2) of this 

rale and additional wells are required on the same or contiguous tax 

lot and for the same landowner, then start cards for the additional wells 

shaU be filed no later than the day work begins. 

(4) The Director or region office may provide an altemate means 

of notification. If an altemative means of notification is used, the start 

card shall be mailed or deUvered to the region office within one week 

of beginning work on the monitoring well. A Monitoring Well Constractor whose Ucense has been restricted by order shall provide notice 

as stipulated in the order. 

(5) Once received by the Department, the start card shall be confidential for a period of one year after it is received or until the monitoring well report required by OAR 690-240-0395 is received, 

whichever is shorter. 

(6) The start card may be used in an administrative enforcement 

action at any time, including the period of confidentiaUty. Once the 

start card is used for enforcement reasons, it is no longer confidential. 

NOTE: Region office fax and telephone numbers are listed in Table 240-2. 

Water Resources Department Regional boundaries are shown in Figure 240-

2. 

ED. NOTE: Tables and Figures referenced are available from the agency. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

2010 Edition 

Oregon Adininistrative Rules Compilation 

15 - 168 (11-13-09) 
Chapter 690 Water Resources Department 

Stats. Implemented 

Hist.: WRD 3-2008, f 12-22-08, cert, ef : -2-09 

690-240-0395 

Monitoring Well Report Required (Monitoring Well Log) 

(1) A monitoring well report shall be prepared for each monitoring weU constracted, altered, converted, or abandoned including 

unsuccessful monitoring wells. The log shall be certified as cortect by 

signature of the Monitoring Well Constractor constracting the monitoring well. The completed log shaU also be certified by the bonded 

Morutoring Well Constractor responsible for constraction of the monitoring well. A monitoring well report must be submitted by each 

bonded constnictor (if driUing responsibility is shifted to a different 

bonded constractor), showing the work performed by each bonded 

constractor. 

(2) The log shall be prepared in triplicate on forms furnished or 

previously approved in writing by the Water Resources Department. 

The original shall be furnished to the Director, the first copy shall be 

retained by the Monitoring Well Constmctor, and the second copy 

shall be given to the customer who contracted for the constraction of 

the monitoring well. 

(3) The bonded Monitoring Well Constractor shall file the monitoring well log with the Director within 30 days after the completion 

of the constraction, alteration, conversion, or abandonment of the monitoring well. 

(4) The trainee or Monitoring Well Constractor operating the 

monitoring weU drilUng machine shaU maintain a rough log of all geologic strata encountered and all materials used in the constmction of 

the monitoring well. This log shall be available for inspection by the 

Watermaster or other authorized agent ofthe Water Resources Department or other delegated agency representative at any time before the 

monitoring well report is received by the Department. The rough 

driUing log shall be in handwritten or electronic form, or a voice 

recording. 

(5) In the event a constmctor leaves any driUing equipment or 

other tools in a monitoring weU this fact shall be entered on the monitoring weU report. 

(6) A copy of any special authorizations or special standards 

issued by the Director shall be attached to the monitoring weU report. 

(7) The report of monitoring weU constraction required in section (1) of this rale shall be recorded on a form provided or previously 

approved in writing by the Department. The form shaU include, as a 

minimum, the following: 

(a) Name and Address of Landowner; 

(b) Started/Completed date; 

(c) Location of the well by county, Township, Range, Section, tax 

lot niunber, if assigned, street address, or nearest address, and either 

the 1/4,1/4 section or Latitude and Longitude as established by a global positioning system (GPS); 

(d) Start card number; 

(e) Well identffication label number (well tag number); 

(f) Use of well; 

(g) Type of work; 

(h) Type and amount of sealant used and measured weight of the 

grout slurry as required in OAR 690-240-0475(2)(g); 

(i) Temperature of water; 

(j) Map showing location of monitoring well on site, must be 

attached and shall include an approximate scale and a north artow; 

(k) Such additional information as required by the Department. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990,f & cert.ef 8-9-90; WRD 8-1993, f 12-14-93, cert.ef i-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f. & cert, ef 3-14-03, 

Renumbered from 690-240-0095; WRD 4-2004, f & cert, ef 6-15-04; WRD 2-

2006,f&cert.ef 6-20-06 

690-240-0410 

Monitoring Well Construction: General 

(1) Monitoring well components, including well screens, casings 

and armular sealant should be selected based on known site characteristics to ensure the well will last for the duration of the morutoring 

program. 

(2) No monitoring weU shall be used for domestic, public water 

supply, industrial, commercial, or agricultural purposes unless it meets 

the minimum constmction standards for water supply weUs, OAR 690-

200 to 690-230. 

(3) No completed monitoring well shall interconnect aquifers, 

including low yielding aquifers. 

(4) The start card number shall be permanently attached, stamped 

or engraved on the outer well casing or permanent protective well 

cover, not on a removable cap. 

(5) No monitoring well shall be constracted as a multiple completion well without prior special standard approval as specified in 

OAR 690-240-0006. 

(6) Horizontal wells shall only be constmcted with prior special 

standard approval only as specified in OAR 690-240-0006. 

(7) The borehole diameter shall be at least four inches larger than 

the nominal casing diameter except as noted in OAR 690-240-0525 

conceming piezometers. If the monitoring well is constracted using 

a hollow stem auger drilUng machine, the inside diameter of the auger 

must be at least four inches larger than the nominal diameter ofthe casing to be installed, except as noted in OAR 690-240-0525 conceming 

piezometers. 

(8) Materials which foster or promote undesirable organic growth 

or have the potential to degrade water quality shaU not be employed 

in the constraction ofthe monitoring well. 

(9) After completion, the landowner is responsible for maintaining the well in an approved condition. If the well is damaged, the 

well protection system and casing shall be restored as prescribed by 

these rales. If the well is damaged beyond repair, the well shall be 

properly abandoned in accordance with OAR 690-240-0510. 

(10) A well identification label shall be attached to evety new 

well and to evety altered or repaired well that does not afready have 

a label. The label must be easUy visible on the outside of the casing 

on an above grade completion and inside the vault of a flush grade 

monument. (See Appendix 1) In cases where a geotechnical hole or 

other hole is converted into a monitor well, a well identification label 

must be attached to the completed well in the same fashion as required 

for a new or altered well. 

(11) Any deviation from these rales requires special standard 

approval as specified under OAR 690-240-0006. 

[ED. NOTE: Appendices referenced are available ftom the agency.] 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f & cert. ef. 8-9-90; WRD 8-1993,1.12-14-93, cert, ef 1-1-

94; WRD 2-1995, f 5-17-95, cert, ef 7-1-95; WRD 7-2001 ,f & cert, ef 11-15-01; 

WRD 1-2003, f & cert, ef 3-14-03, Renumbeied from 690-240-0100 , 

690-240-0420 

WeU Protection 

(1) Every monitoring well shaU be capped and protected using 

one of the following methods: 

(a) If the well is cased with metal and completed above the 

ground surface, a lockable cap with lock shall be attached to the top 

of the casing; 

(b) If the well is completed above the ground surface, and is not 

cased with metal, a metal protective casing shall be installed around 

the well. The protective casing shall extend at least six inches above 

the top of the well casing and at least two feet into the ground. A cap 

shaU be attached to the top of the weU casing and a lockable Ud with 

lock shaU be attached to the top of the protective casing; and 

(c) If the well is completed below ground surface, a lockable, 

watertight cap with lock shall be attached to the top ofthe casing. A 

vault or monument, designed to be watertight, level with the ground 

surface, sheill be installed to prevent the inflow of surface water. The 

cover must be designed to withstand the maximum expected loadings. 

(2) AU wells completed above ground shaU have a minimum casing height of one foot above finished grade and shall be protected from 

damage by three metal posts at least three inches in diameter, set in 

and filled with concrete. The protective posts shall be installed in a triangular array around the casing and at least two feet from it. Each post 

shall extend at least three feet above and tiiree feet below the ground 

surface. 

(3) ff the weU is to be protected by other surface protection methods, the bonded constractor shall obtain special standards from the 

Department as specified in OAR 690-240-0006. 

Stat. Audi.: ORS 536.090 & 537 J05 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.:WRD14-1990,f & cert.ef 8-9-90; WRD8-1993,f 12-14-93,cert.ef 1-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f & cert. ef. 3-14-03, 

Renumbered from 690-240-0110 

2010 Edition 

Oregon Administrative Rules Compilation 

15 -169 (11-13-09) 
Chapter 690 Water Resources Department 

690-240-0430 

Casing 

(1) The constmctor shall consider the foUowing factors when 

selecting monitoring well casing: 

(a) The casing installed shall not be readily reactive with the subsurface environment according to best available knowledge; 

(b) The casing installed shaU not adversely affect or interfere with 

the chemical, physical, radiological, or biological constituents of interest according to best available knowledge; 

(c) The collapse sttength of all casing used in monitoring well 

constraction must be great enough to withstand the pressure exerted 

by the annular seal during seal placement, including heat of hydration. 

(2) All monitoring well casing shall conform to at least 304 or 

316 stainless steel, polytettafluoroethylene PTFE, Schedule 40 PVC 

casing, or other casing materials rated and approved by ASTM for 

monitoring well constraction. 

(3) All casing installed shall be in new or Uke new condition, 

being free of pits or breaks, and shall be cleaned of foreign materials 

and contaminants prior to instaUation, unless removed from the manufacturer's packaging on site. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f&cert.ef 8-9-90; WRD 8-1993, f 12-14-93, cert.ef 1-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f & cert, ef 3-14-03, 

Renumbered from 690-240-0115 

690-240-0440 

Additional Standards for Artesian Monitoring Wells 

(1) Monitoring weUs penetrating into an artesian aquifer shall 

have an upper oversize drillhole at least four inches greater in diameter than the nominal diameter of the permanent well casing except as 

noted in OAR 690-240-0525 conceming piezometers. Watertight 

unperforated casing shall extend and be sealed, according to OAR 690-

240-0475, at least five feet into the confining formation immediately 

overlying the artesian water-bearing zone. 

(2) ff an artesian monitoring well flows at land surface, the well 

shaU be equipped with a conttol valve and a watertight mechanical cap, 

threaded or welded, so that aU flow of water from the weU can be completely stopped. 

(3) All flowing artesian monitoring wells shaU be equipped with 

a pressure gauge placed on a dead-end line. A petcock valve shall be 

placed between the gauge and well casing. 

(4) All flowing artesian monitoring weUs shall be tested for artesian shut-in pressure in pounds per square inch and rate of flow in 

cubic feet per second, or gallons per minute, under fiiee discharge conditions. This data shaU be reported on the well report. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 8-1993,f 12-14-93,cert.ef I-I-94; WRD 2-1995,f 5-17-95,cert. ef 

7-1-95; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f. & cert, ef 3-14-03, 

Renumbered from 690-240-0118 

690-240-0450 

Cleaning 

(1) AU driU cuttings and fluids from drilUng, cleaning and development shall be properly managed during constraction, alteration or 

abandonment to protect ground water from contamination. 

(2) The landowner or the landowner's agent is responsible for 

management of driU cuttings and fluids left on site after well constraction, alteration or abandonment is completed. 

(3) To prevent cross-contamination between wells, the drill rig 

and all driUing equipment shall be cleaned before and after weU constraction by one of the following methods: 

(a) Detergent washing and rinsing with potable water; 

(b) High pressure hot water cleaning; 

(c) Steam cleaning; or 

(d) Other methods as approved by the Water Resources Department. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990,f&cert.ef 8-9-90; WRD 8-1993,f 12-14-93, cert.ef 1-1-

94; WRD 7-2001, f. & cert, ef 11-15-01; WRD 1-2003, t. & cert, ef 3-14-03, 

Renumbered from 690-240-0120 

Oregon Administrative 

690-240-0460 

Monitoring Well Screen, Filter Pack, and Filter Pack Seal 

(1) The screen and filter pack, when properly designed zuid 

installed, allows a water quality sample to be collected that is representative of water in the formation. 

(2) The weU screen shall; 

(a) Be commercially fabricated and constracted of material that 

is not knowingly readily reactive with the subsurface environment; 

(b) Have a collapse sttength great enough to withstand the pressures exerted during constraction and development ofthe monitoring 

weU; 

(c) Be in new or like new condition, being free of pits or breaks; 

(d) Be cleaned using metiiods outlined in OAR 690-240-0450(3); 

and 

(e) Be centered in the borehole. 

(3) The use of lead packers with the screen sections is prohibited. 

(4) A bottom cap or end plug shall be attached to each well casing. 

(5) The filter pack shall: 

(a) Consist of clean, chemically inert, well rounded material; 

(b) Not extend more than three feet above the top or one foot 

below the bottom of the weU screen; and 

(c) Be placed in such a mariner as to ensure placement opposite r 

the well screen without bridging or size segregation. 

(6) The filter pack seal shaU consist of: 

(a) A two foot thick layer of fine grained sand above the filter 

pack ff a grout or grout slurty is used; and/or 

(b) A minimum of a three foot thick layer of dty bentonite. ff a 

grout slurty is to be used as the annular seal, tiie bentonite shall be adequately hydrated prior to placement of the annular seal to prevent grout 

infilttation into the filter pack. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 8-1993, f 12-14-93, cert, ef 1-1-94; WRD 7-2001 ,f & cert. ef. 11-15-

01; WRD 1-2003, f & cert. ef. 3-14-03, Renumbered ftom 690-240-0126 

690-240-0475 

Well Seals 

(1) Proper seal placement is essential to minimize the potential 

for movement of water and contaminants from the surface, or other 

waterbearing zones, into the monitoring weU. Appropriate seating 

materials may vaty depending on the site characteristics and the substances being monitored. WeU seals shall consist of a physically and 

chemically stable hydrated grout slurty composed of: 

(a) Neat cement; or 

(b) Sodium bentonite; or 

(c) A cement-bentonite grout mixture containing no more than 

five percent bentonite by dty weight; or 

(d) Sodium bentonite granules, peUets or chips placed in an unhydrated state, and subsequently hydrated downhole. 

(2) Grout slurries shall be mixed in the proper proportions and 

placed in the bore hole in such a manner as to prevent excessive shrinkage, water loss, chemical breakdown, bridging or invasion into the filter pack. The following procedures shall be utiUzed if a grout slimy 

is to be the sealing material: 

(a) Neat cement used for grouting shall be American Pettoleum 

Institute Class A or B, or ASTM C-150 Type I or ff neat cement witfi 

no additives, mixed in the proportion of 5.2 gallons of water per standard 94 pound sack and having a mud weight of approximately 15.6 

pounds per gallon; 

(b) Bentonite used as a sliury for grouting shall be a high solids 

granular sodium bentonite mixed according to the manufacturer's 

directions, having a minimum mud weight of at least 9.5 pounds per 

gallon, and containing at least 20 percent soUds. Mixing methods 

should be used which preyent the sluny from being excessively lumpy; 

(c) When a mixture of cement and bentonite is used as a sluny 

for grouting, the cement shall be American Pettoleum Institute Class 

A or B, or ASTM C-150 Type I or II neat cement. The sluny shall be 

no more than five percent, by dty weight of cement, sodium bentonite 

gel powder (3.75 pounds of bentonite per sack of cement). For each 

pound of bentonite added, up to an additional 0.7 gallons of water shaU 

be added to the original neat cement mix. The water and bentonite 

shall be mixed first, and then the cement added to the bentonite 

Rules Compilation 

2010 Edition 15 - 170 (11-13-09) 
Chapter 690 Water Resources Department 

slurty. The cement-bentonite mixture shall have a mud weight of 

approximately 14.1 pounds per gallon; 

(d) Prior to placing grout in the annular space, the grout sluny 

weight shaU be measured by ASTM Test Method D-4380-84. Grout 

slurty shaU not be placed in the armular space untU the grout sluny 

weight is within ten percent of the weight specified in subsection 

(2)(a), (b) or (c) of this rale; 

(e) Grout slurties shall be placed from the bottom of the'annular space upward in such a manner as to completely fill the sealing 

interval. Grout slurries shaU begin at the top of the filter pack seal overlying the filter pack and extend to the bottom of the surface seal. If the 

grout sluny is intended to serve as the surface seal, it shall extend to 

land surface; 

(f) Grout slurries shall be placed through a side discharge grout 

pipe by gravity flow or by pumping to ensure positive placement without bridging or wash-out of previously placed annular materials. The 

discharge end of the grout pipe shall remain submerged in the grout 

throughout the sealing operation; 

(g) Prior to discontinuing placement of grout in the annular space, 

grout slurty retums from the annular space shall be measured by 

ASTM Test Metiiod D-4380-84. Placement of grout sluny in tiie annular space shall continue until the retums are within ten percent ofthe 

weight specffied in subsection (2)(a), (b) or (c) of this mle. 

(3) Bentonite used ui an unhydrated form shaU be sodium bentonite granules, pellets or chips. Unhydrated bentonite shall be specifically designed for sealing wells and be within industty tolerances for 

dty westem sodium bentonite. Bentorute shall be free of polymers that 

promote bacterial growth. The following procedures shall be adhered 

to ff dty bentonite is used for seating: 

(a) Dty, poured bentorute seals shall only be used if the depth to 

the bottom ofthe seal is less than fifty feet and the standing water column in the bore hole or annular space is less than twenty-five feet deep 

at the time of seal placement. Only sodium bentonite chips manufactured to be greater than 1/4 inch or tablets shall be used below the 

water level in the sealing interval; 

(b) Pour rate shall be three minutes or slower per 50 pound sack 

in the water-filled portion of the armulus; 

(c) A sounding or tamping tool shall be used in the bore hole or 

annular space during pouring to measure fiU rate and to break up possible bridges or cake formation; 

(d) Care shall be taken to minimize the inttoduction of bentonite 

dust into the seating interval; 

(e) In a dty sealing interval, bentonite shall be hydrated with 

potable water in two foot Iffts to ensure activation. 

(4) The estimated and actual volume of sealing material used 

shall be calculated and reported to the Department. 

[Publications referenced are available from the agency.] 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 8-1993, f 12-14-93, cert, ef 1-1-

94; WRD 7-2001, f. & cert, ef 11-15-01; WRD 1-2003, f. & cert, ef 3-14-03, 

Renumbered from 690-240-0130 

690-240-0485 

Monitoring Well Development 

(1) The monitoring well development shall not affect the integrity ofthe casing or seal. Monitoring well development shaU not occur 

prior to 24 hours after armular seal placement ff cement grout or a bentonite grout sluny is used, or 12 hours after annular seal placement if 

dty bentorute is used. The well may be developed prior to placement 

ofthe annular sealing material. 

(2) The monitoring well development should: 

(a) Remove any water or drilUng fluid inttoduced into the well 

during drilUng; 

(b) StabiUze the filter pack and formation materials opposite the 

well screen; 

(c) Minimize the amount of fine-grained sediment entering the 

well; and 

(d) Maximize well efficiency. 

(3) As long as the well is not altered, the monitoring well development may be performed by other than a Ucensed and bonded Monitoring Well Constmctor. 

Stat. Auth.: ORS 536.090 & 537 J05 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 8-1993, f 12-14-93,cert.ef 1-1-94; WRD7-2001,f&cert.ef 11-15-

01; WRD 1-2003, f. & cert, ef 3-14-03, Renumbeied from 690-240-0131; WRD 2-

2006, f&cert.ef 6-20-06 

690-240-0500 

Completion of Monitoring Wells 

(1) A Monitoring Well Constractor or permitted landowner constracting their own well shall not remove the drilUng machine from a 

monitoring weU site, unless it is immediately replaced by another monitoring well drilling machine in operating condition, prior to completion or abandonment ofthe monitoring weU in compUance with OAR 

690-240-0005 through 690-240-0540. 

(2) InstaUation of the protective metal posts does not require a 

Monitoring WeU Constractor's License, providing the surface seal is 

not disturbed. 

(3) Installation ofthe protective posts described in OAR 690-240-

0420 shall be completed within one week of placement of the seal. 

(4) If instaUation of the protective measures as described in OAR 

690-240-0420 are not completed within 24 hours of seal placement, 

the monitoring weU shall be marked using one ofthe following methods: 

(a) Placement of three stakes around the weU cormected with fluorescent survey tape; 

(b) Placement of constmction barricades around the well; or 

(c) Use of other protective measures as approved by the Water 

Resources Department. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, t. & cert, ef 8-9-90; WRD 8-1993, f 12-14-93, cert, ef 1-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f & cert, ef 3-14-03, 

Renumbeied from 690-240-0132; WRD 2-2006, f & cert, ef 6-20-06 

690-240-0510 

Abandonment of Monitoring Wells 

Proper abandonment of monitoring weUs will prevent both vertical movement of water within the well bore and infiltration of surface water into the well: 

(1) In areas where ground water contamination has been identified, except as described in number (4) below, abandonment shall 

require the borehole to be completely redrilled to a minimum of the 

original diameter. All casing, screen, annular sealing material, drill cuttings, debris, and filter pack material shaU be removed prior to sealing. 

(2) In areas where ground water contamination has not been identffied, if it can be verified that the monitoring weU was constracted in 

accordance with these mles, it shall be ab£indoned by filling the well 

from the bottom up with an approved sealant as described in OAR 690-

240-0475. The casing shall then be removed below grade, as compatible with local site conditions and land practices. The following are 

acceptable methods of original weU constmction verification: 

(a) A weU report in accordance witii OAR 690-240-0395; 

(b) WeU constraction information submitted to the Oregon 

Department of Envfronmental Quality; 

(c) Information obtained through down-hole geophysical logging; 

or 

(d) Other information as approved by the Water Resources 

Department. 

(3) In areas where ground water contamination is not present, and 

if the monitoring well constraction caimot be verffied by means listed in section (2) of this rale, the well shaU be abandoned according 

to section (1) of this rale. 

(4) In contaminated areas where remediation has occurred, an 

approved special standard is required to abandon a well unless it is 

abandoned according to section (1) of this rale. Abandonment procedures will be considered on a case by case basis. The Department will 

consult with the state or federal agency that supervised the remediation in determining the appropriate abandonment method. In cases 

where there was no agency oversight, the Department wUl consider 

any information suppUed by the Ucensed and bonded Monitoring WeU 

Constractor in determining the appropriate abandonment procedure. 

(5) Grout slurries shall be placed from the bottom up by a grout 

pipe to avoid segregation or dilution ofthe sealant. The discharge end 

of the grout pipe shall be submerged in the grout to avoid breaking the 

seal while filling the annular space. Grout slurries used to abandon 

morutoring weUs shall conform to the requirements of OAR 690-240-

0475. 

2010 Edition 

Oregon Administrative Rules Compilation 

15-171 (11-13-09) 
Chapter 690 Water Resources Department 

(6) The abandonment procedure shall be recorded on a form provided by or previously approved in writing by the Department. The 

form shall include, as a minimum, all the requfrements as Usted in 

OAR 690-240-0395, plus: 

(a) Method of abandonment; 

(b) If assigned, the well identification number, original start card 

number, and owner's well number ofthe abeindoned weU. 

(7) When abandoning artesian monitoring wells, in addition to 

sections (l)-(6) of this rale, the flow shall be confined or restricted by 

cement grout applied under pressure, or by the use of a suitable well 

packer, or a wooden plug placed at the bottom of the confining formation immediately above the artesian water bearing zone. An 

approved sealant shall be used to fill the well to land surface as specified in OAR 690-240-0475. 

(8) Monitoring wells that were constracted under special standards will requke the abandonment method to be approved by the 

Department. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 8-1993, f 12-14-93, cert, ef 1-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f & cert, ef 3-14-03, 

Renumbered from 690-240-0135; WRD 2-2006, t. & cert, ef 6-20-06 

690-240-0525 

Piezometers 

It is prohibited to constmct a piezometer in an area of known or 

reasonably suspected contamination. 

NOTE: The Water Resources Department and the Department of Environmental Quality have information sources to use in determining if contaminants are present. Customary drilling practice as conducted by licensed professional must be included as part of the appropriate inquiry to determine if 

contaminants are present or reasonably suspected. 

(1) A piezometer is defined in OAR 690-240-0010(57). 

Piezometers are a type of monitoring weU and shall meet current monitoring well rales except for the following: 

(a) Borehole size with depth requirements: 

(A) For piezometers with a seating depth less than 50 feet deep, 

the borehole diameter shall be at least two and one half inches (2.5") 

larger than the nominal casing diameter, ff the piezometer is constracted using a hollow stem auger drilling machine, the inside diameter of the auger must be at least 2.5 inches larger than the nominal 

diameter of the casing to be installed; 

(B) For piezometers with a seaUng depth greater than 50 feet 

deep, the borehole diameter shall be at least three inches larger than 

the nominal casing diameter. If the piezometer is constracted using a 

hollow stem auger drilUng machine, the inside diameter of the auger 

must be at least 3 inches larger than the nominal diameter of the casing to be installed. 

(b) Surface Completion: 

(A) If the piezometer is completed above ground, it shall have a 

minimum casing height of one foot above finished grade and a lockable cap with lock shaU be attached to the top of the casing. If vulnerable to damage, the piezometer shaU be protected as described in 

OAR 690-240-0420; 

(B) ff the piezometer is completed below ground surface, a lockable, watertight cap, with lock, shall be attached to the top ofthe casing. A vault or monument designed to be watertight, level with the 

ground surface, shaU be instaUed to prevent the inflow of surface water. 

The cover must be designed to withstand the maximum expected loadings. 

(c) If an artesian piezometer flows at land surface, it shaU be 

equipped with a control valve or a watertight mechanical cap, so that 

all flow of water from the well can be completely stopped. Flowing 

artesian piezometers are not required to be equipped with a pressure 

gauge placed on a dead-end Une or a petcock vive; 

(d) The special cleaning and driU cutting storage requfrements in 

OAR 690-240-0450 shall not apply to piezometers because they may 

not be constracted in areas of known or reasonably suspected contamination. However, all equipment and materials used in the constraction of a piezometer shall be free of foreign materials and contaminants prior to entty into the weU; 

(e) Use of commercially fabricated screens are not required for 

piezometers. The screens installed shall be in new or like new condition, being free of pits or breaks, and shall be free of foreign materials and contaminants prior to instaUation; 

(f) The filter pack requirements of OAR 690-240-0460(5) shall 

not apply to piezometers because they are not constmcted in areas of 

known or reasonably suspected contamination; 

(g) A minimum three foot annular seal is required, ff a grout slurty is used, the filter pack seal requirements of 690-240-0460(6) apply. 

If a piezometer is completed with a flush monument, the annular seal 

shall extend a minimum of three feet below the monument seal. 

Stat. Audi.: ORS 537.780 

Stats.Implemented: 

Hist.:WRD2-1995,f5-17-95,cert.ef 7-1-95; WRD 7-2001,f&cert.ef 11-15-

01; WRD 1-2003,f & cert, ef 3-14-03, Renumbered from 690-240-0137; WRD 4-

2004,f& cert.ef 6-15-04 

690-240-0540 

Direct Push Monitoring Wells and Piezometers 

(1) Monitoring wells and piezometers that are installed using 

dfrect push technology shall comply with the applicable standards in 

these rales for reporting, casing, screening, filter pack, filter pack 

placement, filter pack seal, development, surface seal, cleaning, protection, marking, and completion. 

(2) Monitoring weUs and piezometers that are installed using 

direct push technology shaU also comply with the following standards: 

(a) Only prepacked screens shall be used; and 

(b) The outside diameter of the borehole shall be a minimum of 

one inch greater than the outside diameter of the well casing; and 

(c) Granular bentonite shall not be used in the sealed interval 

below the static water level; and, 

(d) Wells and piezometers shall not be constmcted through more 

than one water bearing formation and shall not be greater than 50 feet 

in depth unless a special standard is obtained. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f & cert, ef 3-14-03, 

Renumbeied from 690-240-0139 

690-240-0550 

Evidence of Failure 

Evidence of failure to comply with the requirements of OAR 690-

240, special standards as described in 690-240-0006, or those standards of a state agency to which the Dfrector has delegated direct 

responsibiUty under 690-240-0016 shall include, but not be Umited to, 

the following: 

(1) A specific standard to which the Dfrector has agreed is violated. 

(2) Evidence that contamination is occurring as a result of a monitoring well, geotechnical hole, or other hole constraction. 

(3) Evidence that a monitoring weU, geotechnical hole, or other 

hole, due to its constraction, is causing or contributing to the loss of 

artesian pressure within an aquifer. 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 8-1993, f. 12-14-93, cert, ef 1-1-

94; WRD 7-2001, f. & cert, ef 11-15-01; WRD 1-2003, f. & cert, ef 3-14-03, 

Renumbered fix>m 690-240-0145 

690-240-0560 

Investigation of Alleged Violations 

(1) The Water Resources Director, upon the Director's own initiative, or upon complaint alleging violation of statutes, standards or 

rales governing Ucensing of Monitoring WeU Constmctors and/or, constraction, alteration, conversion, maintenance, or abandonment of 

monitoring wells, geotechnical holes or other holes may cause an 

investigation to determine whether a violation has occurred. If the 

investigation indicates that a violation has occurted, the Dfrector shall 

notify the persons believed responsible for the violation including but 

not limited to: 

(a) Any Monitoring WeU Constractor involved; 

(b) The landowner, ff the violation involves constmction, alteration, conversion, maintenance, operation or abandonment of a well, 

geotechrucal hole, or other hole; 

(c) The agency that has been delegated authority over a particular class of weUs, geotechnical holes, or other holes and/or 

(d) Any registered geologist or civil engineer in constmction, 

alteration, or abandonment of a geotechnical hole. 

(2) Enforcement and civU penalty assessment for "other than weU 

constmctors" is described in OAR 690-260. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.7952 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

2010 Edition 

Oregon Adininistrative Rules Compilation 

15 - 172 (U-13-09) 
Chapter 690 Water Resources Department 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 8-1993, f 12-14-93, cert, ef 1-1-

94; WRD 2-1995,f5-17-95,cert.ef 7-1-95; WRD 7-2001,f&cert.ef 11-15-01; 

WRD 1-2003, f & cert, ef 3-14-03, Renumbered from 690-240-0150; WRD 2-

2006, f & cert, ef 6-20-06 

690-240-0580 

Enforcement Actions 

(1) If, after notice and opportunity for hearing under ORS 

183.31(3 to 183.550 the Director determines that one or more violations 

have occurted, the Dfrector may impose one or more ofthe following: 

(a) Provide a specffied time for remedy; 

(b) Assess a civU penalty in accordance with the schedule of civil 

penalties in OAR 690-240-0640; 

(c) Suspend, revoke, or refuse to renew the license(s) when one 

or more persons responsible for the violation hold a Monitoring WeU 

Constractor's License; 

(d) Requfre that a person whose license has been refused renewal pass the Monitoring WeU Constractor's License examination before 

a new license is issued or the cmrent license is renewed; 

(e) Impose any reasonable conditions on the Monitoring Well 

Constractor's License to ensure cortection ofthe violation and future 

compliance with the law. These conditions may include but are not 

limited to: 

(A) Fulfilling any outstanding obligations which are the result of 

administtative action before the constractor can offer any services or 

constract, alter, convert, or abandon any monitoring weU; 

(B) Requiring additional advance notice to be given to the 

Department of constraction, alteration or abandonment of any monitoring well; 

(C) Requiring a seal placement notice be given to the Department 

up to 72 hours in advance of placing the seal; or 

(D) Any other conditions the Dfrector deems appropriate. 

(f) Order the landowner to repafr or meet other conditions on use 

ofthe well, or order discontinuance ofthe use and order proper abandonment pursuant to ORS 537.775; 

(g) Make demand-on the Water WeU Constmctor's bond or the 

Landowner's Water WeU Bond. This may occur only if the Dfrector 

has given the notice requfred in OAR 690-240-0560 to the persons 

responsible for the violation within three years after the date the monitoring well report is filed with the Department, ff no monitoring well 

report has been filed, the three year limitation shall not apply until such 

time as a weU report is filed; or 

(h) Take any other action authorized by law. 

(2) An order may specify a schedule of escalating or cumulative 

sanctions to be assessed on specified dates until the violation has been 

satisfactorily corrected. 

(3) Any Monitoring WeU Constractor whose Ucense is suspended or revoked shall not contract for well constraction services or operate well drilling machines in the State of Oregon during the suspension or revocation period. 

Stat. Auth.: ORS 536.090 & 537.505 - 537.795 

Stats. Implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 8-1993, f 12-14-93, cert, ef 1-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f. & cert, ef 3-14-03, 

Renumbered from 690-240-0155; WRD 2-2006, f & cert, ef 6-20-06 

690-240-0590 

Multiple Violations and Consolidation of Proceedings 

In cases of multiple or continuing violations, each occurrence of 

substantially the same activity and each days continuance of a violation after the responsible party has been notffied is a separate and distinct violation. Administrative enforcement proceedings for multiple 

violations may be consolidated into a single proceeding. 

Stat. Audi.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 14-1990, f. & cert. ef. 8-9-90; WRD 7-2001, f & cert, ef 11-15-01; 

WRD 1-2003, f. & cert, ef 3-14-03, Renumbered from 690-240-0160 

690-240-0600 

Factors Affecting Selection of Type and Degree of Enforcement 

In selecting the appropriate type and degree of enforcement, the 

Director may consider the following factors: 

(1) Whether the constractor's file demonstrates a pattern of prior 

similar violations; 

(2) Whether the respondent has cooperated in attempting correction of any violation in a timely fashion; 

(3) The gravity and magnitude ofthe violation, including whether 

there is an immediate or long-term threat to human health or the 

ground water resource; 

(4) Whether the damage to the ground water resource is 

reversible; 

(5) Whether the violation in the instances cited was repeated or 

continuous; 

(6) Whether a cause of the violation was an unavoidable accident; 

(7) The opportunity and degree of difficulty to correct the violation; 

(8) The cost to the Department, except for ttavel costs and the initial field investigation, in attempting to gain voluntaty compUance of 

the cited violation. The costs may be considered until the Department 

receives respondent's answer to the written notice and opportunity for 

hearing; and 

(9) Any other relevant factor. 

Stat. Auth.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 7-2001, f & cert.ef. 11-15-01; 

WRD 1-2003, f. & cert, ef 3-14-03, Renumbered from 690-240-0165 

690-240-0610 

Change in Enforcement Status 

(1) In the interest of achieving compUance, the Director at any 

time may reevaluate the status of the violation(s) and take appropriate action, including reduction ofthe enforcement level or remission 

of all or part of any civil penalties assessed. 

(2) The Dfrector may terminate proceedings against a Monitoring Well Constractor if the constractor provides acceptable evidence 

that: 

(a) The landowner does not pemiit the constractor to be present 

at any inspection made by the Dfrector; or 

(b) That the constractor is capable of complying with recommendations made by the Director, but the landowner does not permit 

the constractor to comply. In such cases, the landowner is responsible for bringing the well into compliance pursuant to ORS 537.535, 

and if the landowner was not a party to the original enforcement proceeding the Director may initiate a proceeding to ensure that the 

landowner does so. 

Stat. Audi.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 14-1990, f. & cert, ef 8-9-90; WRD 7-2001, f & cert, ef 11-15-01; 

WRD 1-2003, f & cert, ef 3-14-03, Renumbered from 690-240-0170; WHD 2-

2006, f & cert, ef 6-20-06 

690-240-0630 

Assessment of Civil Penalties 

Under OAR 690-240-0580(1) tiie Director may at any time select 

the most appropriate enforcement tool, including assessment of civil 

penalties, to gain compliance. However, the Director shall not impose 

a civU penalty ff compliance has been achieved in another manner prior 

to final decision in the proceeding. 

Stat. Audi.: ORS 537 & 742 

Stats. Implemented: ORS 537 & 742 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 1-2003, f & cert, ef 3-14-03, 

Renumbered from 690-240-0175 

690-240-0640 

Schedule of Civil Penalties 

(1) The amount of civil penalty shall be determined consistent 

with the following schedule: 

(a) Not less than $25 nor more than $250 for each occuffence 

defined in these rales as a minor violation; 

(b) Not less than $50 nor more than $1,000 for each occunence 

defined in these rales as a major violation; 

(c) Ffrst occurtence, in a calendar year, of a missing or late start 

card fee shall be $150; 

(d) Second occurtence, in a calendar year, of a missing or late 

start card fee shaU be $250; and 

(e) Thfrd, and each subsequent, occunence, in a calendar year, 

of a missing or late start card fee shall be $250 and may include suspension of the Monitoring Well Constractor's License, and any other 

action authorized by law. 

(2) For purposes of assessing a civil penalty, the start card fee 

referred to in subsections (l)(c), (d), and (e) of this rale shall not be 

considered late if it is received in the Salem office of the Water 

Resources Department within five days ofthe receipt ofthe start card. 

2010 Edition 

Oregon Administrative Rules Compilation 

15 -173 (11-13-09) 
Chapter 690 Water Resources Department 

provided the start card was submitted in a timely manner as defmed 

in OAR 690-240-0375. 

(3) Table 240-3 Usts minor violations related to monitoring well 

constraction and geotechnical holes. AU other violations are declared 

to be major. 

[ED. NOTE: Tables referenced are available from the agency.] 

Stat. Audi.: ORS 536.090 & 537.505 - 537.795 

Stats, implemented: ORS 536.090 & 537.505 - 537.795 

Hist.: WRD 14-1990, f & cert, ef 8-9-90; WRD 8-1993, f 12-14-93, cert, ef 1-1-

94; WRD 7-2001, f & cert, ef 11-15-01; WRD 1-2003, f & cert. ef. 3-14-03, 

Renumbered from 690-240-0180; WRD 2-2006, f & cert, ef 6-20-06 

DIVISION 250 

WATER DISTRIBUTION 

690-250-0005 

Purpose of Rules 

The purpose of these administtative rales is to give guidance in 

the administration of Oregon water laws. The mles provide instraction 

on how regulatoty actions are to be done where statutes are unclear. 

Statutoty authority to adopt adminisfrative rales for water distribution 

is in ORS 540.145. 

Stat. Audi.: ORS 540 

Stats. Implemented: ORS 540 

Hist.: WRD 24-1988, f & cert, ef 12-14-88 

690-250-0010 

Definitions 

The foUowing definitions apply in OAR 690, division 250. 

(1) "Appropriator": Water user, trastee or agent in charge of the 

works. 

(2) "Basin Program": A program adopted by the Water Resources 

Commission to establish water management poUcies and objectives for 

a specified basin. Basin programs estabUsh rales for appropriation and 

use of surface and ground water within each river basin. Water use regulations include classification of surface and ground waters according 

to permitted uses, the withdrawal or surface and ground waters from 

fiirther appropriation, the reservation of waters for specffic future uses, 

and the estabUshment of minimum perennial streamflow requfrements. 

(3) "Beneficial Use": Reasonably efficient use of water without 

waste for a purpose consistent with the laws and the best interests of 

the people of the state. 

(4) "Commission": Water Resources Commission. 

(5) "Compensation": Salaty and related payroll expenditures. 

(6) "Enforceable Rotation Agreement": Written agreement 

between two or more appropriators to rotate the use of water, to bring 

about more economical use of the available supply to which they are 

collectively entitled. 

(7) "Exempt Uses": Uses of water for which no registration, certfficate of registration, appUcation for a permit, permit, certificate of 

completion of water right certificate is requfred. 

(8) "Expenses": Includes but is not Umited to, lodging, meals, 

mileage, and suppUes. 

(9) "Irrigation Seasons": Time period(s) during the year when a 

water right for irrigation purposes can be legally used. 

(10) "Legally Stored Water": Any water impounded in a reservofr under the provisions of an established right to store water. 

(11) "Point of Diversion": For surface water, the point at which 

water is physicaUy diverted from tiie natural source of manmade works 

for the beneficial use and, unless specified otherwise, includes point 

of appropriation as in a well or ground water development. 

(12) "Rate and Duty of Water for Irrigation": Maximum quantity of water in cubic feet per second or gallons per minute (rate) and 

the total quantity of water in acre-feet per acre per year that may be 

diverted fof irrigation (duty). 

(13) "Reservofr": A natural or artificial lake or pond in which 

water is collected for beneficial use or purpose. 

(14) "Substantial or undue interference": As defined in OAR 690-

008-0001. 

(15) "Transfer": Legal process for change of use, change in place 

of use, or change of point of diversion of a water right. 

(16) "Wasteful Use of Ground Water": As defined in OAR 690-

008-0001. 

(17) "Water Right Subject to a Transfer": Right estabUshed by a 

court decree or evidenced by a vaUd water right certificate, or a right 

for which proof of beneficial use of water under a water right pemiit 

or ttansfer has been submitted to and approved by the Dfrector but for 

which a certificate has not been issued. 

Stat. Audi.: ORS 540 

Stats. Implemented: ORS 540 

Hist.: WRD 24-1988, f & cert, ef 12-14-88 

690-250-0020 

Futile Calls 

(1) A call for distribution of surface water is futile when a junior 

appropriator has been denied the use of water and, in the judgement 

of the watermaster, an inadequate amount of water, or no water, reaches the senior appropriator or minimum flow point or reach or insfrearn 

water right. Factors for consideration by the watermaster in making 

such a judgement may include, but are not limited to, the following: 

(a) Soil moisture conditions; 

(b) Temperature; 

(c) Evaporation rate; 

(d) Moisture condition ofthe stteam channel; 

(e) Conveyance characteristics of the sfream channel; or 

(f) Previous records that show the conveyance characteristics of 

the stteam. 

(2) Upon the judgement that water will not reach its destination, 

or that an inadequate eunount of water will reach its destination, the 

watermaster may disregard the call of the senior downstteam appropriator. 

Stat. Audi.: ORS 540 

Stats. Implemented: ORS 540 

Hist.: WRD 24-1988, f & cert. ef. 12-14-88 

690-250-0030 

Appropriator Obliged to Maintain a Functional Point of Diversion 

The watermaster shall have no obligation to increase flows of surface water to reach the elevation of a diversion or to overcome friction losses caused by clogged diversion facilities of the person calling for water. The appropriator shall be responsible for diversion and 

conveyance of water from the natural source to the place of use. 

Stat. Audi.: ORS 540 

Stats. Implemented: ORS 540 

Hist.: WRD 24-1988, t. & cert, ef 12-14-88 

690-250-0040 

Protection of Water Involved in a Transfer of Point of Diversion 

The quantity of water available under a right that has been ttansfened to a new point of diversion is protected only to the extent of 

the terms of the certfficate for that right and the quantity available at 

the original point of diversion. The quantity of water does not include 

an aUowance for losses or retum flows in the stteam chaimel between 

the original point of diversion and the new point of diversion. Transmission losses incurted in ttansporting stored water through a natural 

stteam charmel shall not be made up from natural flow. The watermaster may deny water to an appropriator using an unauthorized point 

of diversion. 

Stat. Audi.: ORS 540 

Stats. Implemented: ORS 540 

Hist.: WRD 24-1988, t. & cert, ef 12-14-88 

690-250-0050 

Controlling Waste and Unlawful Use of Water 

(1) Unlawful use of water subject to corrective action by watermasters includes, but is not Umited to, the following: 

(a) Irrigating land without a right; 

(b) Using water for a purpose not authorized in the right; 

- (c) Irrigating land or using water for a purpose with a priority dffferent than the priority under which the water is diverted from the 

source; or 

(d) Wasting water. 

(2) If, after oral or written notice to the appropriator to stop 

unlawful use, the unlawful water use is continued, the watermaster or 

assistant watermaster may take conttol of the diversion works or controUing works of a well and reduce the amount of water diverted by 

the amount being wasted or unlawfully used. If such waste or unlawful use continues, the watermaster may further reduce the amount of 

water diverted by the amount wasted or unlawfully used, and so on 

until the unlawful use is eliminated. When taking conttol of the diver2010 Edition 

Oregon Administrative Rules Compilation 

15 -174 (11-13-09)