justicedao/ipfs_state_laws huggingface dataset:
690-215-0005 Prevention of Groundwater Contamination, Health Hazard, and Waste (1) The landowner of the property on which the water supply well is constructed is ultimately responsible for the maintenance and use of the water supply well. All water supply wells should be disinfected following the installation of pumping equipment. Refer to OAR 690-210-0380, Appendix 210-2 for recommendations on well disinfection. (2) The landowner shall maintain all water supply wells in a condition where they are not a health threat, a health hazard, a source of contamination or a source of waste of the ground water resource by allowing loss of artesian pressure or commingling of aquifers. A pitless adapter may be attached to the casing to transmit water from the well into the delivery pipeline. The pitless adapter shall be installed in such a manner as to prevent the contamination of the ground water resource. The landowner is responsible to assure that the space between the side of the well borehole and the well casing is sealed as required by OAR 690-215-0025. (3) If, in the opinion of the Director, a water supply well is a health threat, a health hazard, a source of contamination, or a source of waste of the ground water resource, the Director may order discontinuance of, or impose conditions upon, the use of the water supply well. In addition, the Director may order that the well be repaired or permanently abandoned in accordance with OAR chapter 690, divisions 215 and 220 of the Standards for Construction and Maintenance of Water Supply Wells in the State of Oregon. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 536.027 & ORS 537.992 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 21-1990, f. & cert. ef. 12-14-90 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-062-0005 WRD 3-1983, f. & ef. 4-28-83 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-215-0006 Well Alterations (1) Well alterations as defined in OAR 690-200-0050(7) shall be performed by a licensed Water Supply Well Constructor, or a landowner with a Landowner’s Well Construction Permit and bond. (2) Water Supply Well Constructors or a permitted and bonded landowner shall record the following data, if available, on the Water Supply Well Report as required under OAR 690-205-0210 before completing alteration work on a well: (a) Pre-alteration static water level and date taken. (b) Pre-alteration casing diameter. (c) Pre-alteration casing gauge. (d) Pre-alteration well depth. (e) Pre-alteration seal material. (3) Well alteration work shall be completed in accordance with OAR 690-215. The Water Supply Well Constructor shall only be responsible for the alteration work they performed under OAR 690-215. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 History: WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
690-215-0010 Maintenance of an Existing Well Following Construction of Replacement Well Any time a new water supply well is constructed to replace an existing well which is a source of contamination, or is wasting the ground water resource by allowing loss of artesian pressure or commingling of aquifers, the existing well shall be repaired in compliance with these rules or abandoned in accordance with OAR 690-220-0030 through 690-220-0140. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 7-1988, f. & cert. ef. 6-29-88
690-215-0015 Accessibility to Well for Reconditioning, Repair or Abandonment To enable drilling equipment future access to the water supply well for reconditioning, repair, or abandonment, the property owner should maintain a minimum five-foot separation distance between the well and any permanent structure. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 7-1988, f. & cert. ef. 6-29-88
690-215-0016 Maintaining Well Setback Requirements Within the boundaries of their own property, property owners are responsible for maintaining the applicable minimum setback distances for any well on their property. Refer to OAR 690-210-0030 for current minimum setback distances. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 7-2001, f. & cert. ef. 11-15-01
690-215-0020 Valves and Casing on Artesian Wells Valves and casing on all artesian wells shall be maintained in a condition so that the flow of water can be completely stopped when the water is not being put to beneficial use. All casing, liner pipe, and casing seals shall be maintained in a condition that will prevent surface or subsurface leakage of ground water. Valves shall be closed when water is not being put to beneficial use. During periods of subfreezing temperatures, a valve may be partially opened to prevent damage due to freezing. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-062-0010 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-215-0025 Sealing Pitless Adapter and Pitless Units The sealing area around pitless adapter or pitless unit installations shall be replaced with unhydrated bentonite as required by OAR 690-210-0330 and shall be at least one and one-half inches thick around the casing and pitless device. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
690-215-0030 Casing and Casing Extensions (1) All well casing used to extend a well head above land surface or used in the alteration, repair or deepening of water supply wells shall meet the minimum standards in OAR 690-210. (2) The annular space surrounding the well casing used to extend the well head shall be sealed as required by OAR 690-210 and shall be at least four inches greater than the nominal inside diameter of the permanent well casing. NOTE: Prior to extending the casing on public, community, municipal, or public utility water supply wells, contact the Department of Human Services. Additional requirements may apply. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0221 WRD 9-1978, f. 12-12-78, ef. 1-1-79
690-215-0035 Liner Pipe All liner pipe used in the alteration, repair or deepening of water supply wells shall meet the minimum standards in OAR 690-210-0290. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
690-215-0040 Casing and Sealing Wells after Disturbance (1) If during the installation of casing, liner pipe, seals, packers, or during repair or deepening of a water supply well, the pre-existing casing is withdrawn, or moved as to compromise the annular seal, the well shall be cased and sealed in accordance with the rules set forth in OAR 690-210. (2) If the annular seal is not compromised when cleaning out a water supply well or installing liner pipe, the water supply well shall not require re-casing or re-sealing. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0226 WRD 9-1978, f. 12-12-78, ef. 1-1-79
690-215-0045 Deepening of Wells (1) Only the following wells may be deepened without an approved special standard: (a) Wells with well reports that describe the original construction. The original well report must be: (A) Referenced on the deepening well report; or (B) Attached to the deepening well report. (b) Wells that are recased and resealed to meet the current minimum well construction standards. (2) The static water level shall be measured prior to and after deepening any well. Both readings shall be recorded on the well log. (3) If the deepening of an existing well results in access to a new aquifer then prior to completion of deepening work all previous aquifers, including previous aquifers that have gone dry or are low-producing, shall be cased and sealed off using the methods described in OAR 690-210. (4) The deepening of a water supply well shall not result in the commingling of aquifers. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 3-2014, f. & cert. ef. 11-25-14 WRD 7-2001, f. & cert. ef. 11-15-01
690-215-0050 Well Cover All water supply wells shall be securely covered to prevent any foreign substance from entering the well, including any material which might contaminate the ground water. The well cover shall meet the requirements of OAR 690-220-0005. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86
690-215-0055 Well Identification Label Maintenance The well identification label shall not be removed from the wellhead and shall be maintained by the landowner in an accessible location and in a readable condition. See OAR 690-200-0048 for well identification label placement methods and instructions. Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 5-2016, f. & cert. ef. 9-6-16 WRD 7-2001, f. & cert. ef. 11-15-01
690-215-0060 Access Ports, Dedicated Measuring Tubes and Airlines (1) All water supply wells, including wells that have been temporarily removed from service, temporarily abandoned due to a recess in construction, or temporarily abandoned before commencing service, shall be properly covered and shall be equipped with a usable access port with a minimum diameter of 1/2-inch for the purpose of determining the water level in the well at any time. (2) Dedicated measuring tubes are recommended to be installed on all water supply wells at the time of pump installation, pump repair, or pump replacement. Where required, dedicated measuring tubes shall be a minimum of 3/4-inch diameter schedule 40 PVC extending to the top of the pump. The 3/4-inch diameter dedicated measuring tube may be reduced in size to 1/2-inch where it goes through the watertight well cap, but shall not be reduced in size over the length of the pipe. Dedicated measuring tubes shall be vented above and below the well cap and shall be attached to the pump column at 10 foot intervals with 10 mil plastic tape. The lower five feet of the dedicated measuring tube shall be either 0.020 inch machine slotted well screen or the lower 20 feet of the dedicated measuring tube shall be extensively perforated with 1/8 inch holes. Dedicated measuring tubes shall be plugged or capped at the bottom (See Figure 200-5) and shall remain free from wire or other obstruction. (3) An airline is not a substitute for a required dedicated measuring tube and, if installed, must enter the well in a location other than the access port. (4) Access ports, dedicated measuring tubes or airlines on all water supply wells shall be capped and a minimum of twelve inches above finished ground surface or pumphouse floor. If the well has a pitless adaptor then the dedicated measuring tube shall terminate within six inches of the top of the well casing. (5) Access ports, airlines and dedicated measuring tubes on all water supply wells shall be maintained by the landowner in a condition that will prevent contamination of the groundwater resource. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 5-2016, f. & cert. ef. 9-6-16 WRD 2-2008, f. 6-18-08, cert. ef. 7-1-08 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-062-0015 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-215-0070 Pressure Gauge The pressure gauge and petcock valve required by OAR 690-210-0155 shall be maintained so that the artesian pressure can be accurately determined at any time. (See Figure 210-7.) [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900, ORS 537.992 & ORS 540.045 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 537.992 & ORS 540.045 History: WRD 9-2023, minor correction filed 07/19/2023, effective 07/19/2023 WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-062-0020 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-215-0080 Flowmeters and Dedicated Measuring Tubes The Director may require the landowner to install totalizing flowmeters or dedicated measuring tubes on any water supply well, either as a condition of a water right permit or at a later date as circumstances may warrant. The landowner may be required to install totalizing flowmeters or dedicated measuring tubes on existing permitted wells and on wells which are exempted by ORS 537.545. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 2-2008, f. 6-18-08, cert. ef. 7-1-08 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86
690-215-0090 Conversion to an Artesian Well If a water supply well becomes artesian upon deepening, the well shall be cased, sealed and completed in accordance with OAR 690-210-0155. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0236 WRD 9-1978, f. 12-12-78, ef. 1-1-79
690-215-0100 Drilling in a Dug Well In no case shall a dug well be deepened by drilling methods. Statutory/Other Authority: ORS 183, 536, 537 & 540 History: WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0241 WRD 9-1978, f. 12-12-78, ef. 1-1-79
690-215-0201 Dedicated Measuring Tube A dedicated measuring tube as described in 690-215-0060 shall be installed in any water supply well at the time of pump installation, pump repair or pump replacement in the following areas (See Figures 200-4, 200-5, 200-7 and 200-8): (1) Petes Mountain Area of Clackamas County (See OAR 690-200-0028(2)); (2) Eola Hills Ground Water Limited Area of Polk and Yamhill Counties (See OAR 690-200-0028(3)); (3) "Mosier Area" Special Area Standards area of Wasco County (See OAR 690-200-0028(4)). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, adopt filed 06/22/2023, effective 07/01/2023
690-217-0005 Purpose and Basis for Authority (1) ORS 537.772 states “The owner or operator of any well, except wells used for purposes listed in ORS 537.545, shall conduct a pump test at least once every 10 years and report the results of that test to the Water Resources Commission.” (2) The purpose of these rules is to present standards and procedures for pump tests required by ORS 537.772. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0010 Definitions The following definitions apply to OAR 690, division 217: (1) “Air Line”: A tube or pipe installed in a well specifically for the purpose of determining the water level by measuring the air pressure required to purge it of water. (2) “Commission”: Water Resources Commission. (3) “Electric Water Level Measuring Tape”: A device manufactured specifically for measuring depth to water in wells and consisting of a reel, electric cable with permanent depth markings, and an indicating buzzer, light or meter. (4) “Electronic Pressure Transducer”: A submersible electronic pressure sensing device designed and constructed specifically for measuring water levels, usually connected to an electronic device to display or record pressure data. (5) “Flowing Artesian Well”: A well which penetrates an aquifer with sufficient pressure to cause water to flow from the well without pumping. (6) “Pump Test”: A controlled procedure in which water is withdrawn from a well at a constant rate for a specified period of time and in which the water level in the well is measured at specified intervals before, during and after pumping. (7) “Pump Test Report”: The form provided by the Water Resources Department for reporting the results of pump tests required by ORS 537.772. (8) “Static Water Level”: The distance between the water level in a well and ground level when no water is being withdrawn from the well and the effects of previous withdrawals are no longer noticeable. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0015 Policy Statement (1) The owner of a well which is the source of water listed on a water right permit or certificate shall conduct, or cause to be conducted, pump tests and report the results to the Water Resources Commission as outlined in OAR 690-217-0005 to 690-217-0055. (2) The Water Resources Commission delegates to the Water Resources Director (the Director) all authority pertaining to implementation of these rules. (3) If there is a reason why a pump test cannot be performed on a well, the owner may request from the Director an exemption from the pump test requirement. Requests shall be in writing and include the reason why a pump test cannot be performed. Exemptions, or conditioned exemptions, shall be granted if the reasons are found to be valid and eliminating the problem would place an unreasonable burden on the well owner. Exemptions shall be granted for public water supply wells if pump testing will cause interruption of service to customers. (4) If there is a reason why a pump test cannot meet all of the specifications outlined in OAR 690-217-0005 to 690-217-0055, the well owner may request from the Director exceptions to the pump test requirements. Requests shall be in writing and include the reason why a pump test cannot meet the requirements. Exceptions, or conditioned exceptions, shall be granted if the reasons are found to be valid and meeting the full specifications would place an unreasonable burden on the well owner. (5) The pump test requirement shall be waived, if requested, in situations where the water right is for land temporarily taken out of production under a government program. (6) Pump tests shall not be required of wells with diameters greater than 36 inches and depths less than 30 feet. (7) Pump tests shall not be required of collector-type wells or infiltration galleries. (8) Transferring the point of diversion of a ground water right shall have no effect on the pump testing schedule unless specifically mentioned as a condition of the transfer. (9) Pump tests are intended to provide aquifer and well information for ground water resource characterization and to help solve well problems. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0020 Requirements for Pump Tests (1) For water right applications received on or after December 20, 1988, a pump test as described in OAR 690-217-0005 to 690-217-0055 is required before a certificate of water right will be issued. The results of the test shall be submitted on the pump test report form. (2) For water right permits or certificates with priority dates before December 20, 1988, a pump test as described in OAR 690-217-0005 to 690-217-0055 and subsequent pump test requirements every ten years shall be waived unless required by the Director. The Director may require pump tests as provided in ORS 537.772 in specific cases or areas as determined to be necessary. Such areas may include, but are not limited to, critical ground water areas or serious water management problem areas as defined in OAR 690-085-0020. (3) If a landowner owns multiple wells producing from the same aquifer and has tested one of those wells, he may request exemptions for all other of those wells which are within five miles of the tested well and which produce water from the same aquifer. If a well is more than five miles from the tested well, or produces from a different aquifer, it must be tested separately. Requests for exemptions shall be in writing and include water well reports or other documentation showing the water producing zones for each well. (4) In cases where a well provides the source of water for more than one water right permit or certificate, it shall be indicated on the pump test report that the pump test applies to multiple water rights. The permit or certificate numbers of all the water rights the pump test applies to shall be listed on the pump test report. Statutory/Other Authority: ORS 537 History: WRD 3-2006, f. & cert. ef. 6-20-06 WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0025 Pump Test Specifications for Wells Other than Flowing Artesian Wells The pump tests for wells other than flowing artesian wells shall be conducted such that the following minimum specifications are met: (1) The well shall be idle for a period of at least sixteen hours prior to the pump test. (2) The static water level in the well shall be measured within the hour prior to the test at least three times no less than 10 minutes apart. (3) The pumping phase of the test shall be at least four hours. (4) The pump discharge shall be controlled as much as possible to maintain a constant rate during the test and shall be as close as reasonably possible to the anticipated pumping rate during normal use of the well. Discharge shall be recorded at the beginning of the test and once every hour thereafter. (5) Water level measurements during the first 10 minutes of pumping shall be timed no more than two minutes apart. Water level measurements from 10 to 30 minutes of pumping shall be timed no more than five minutes apart. After 30 minutes of pumping, drawdown measurements shall be taken no more than 15 minutes apart for the duration of the test. (6) After pumping stops, water level measurements shall be taken for four hours or until the well reaches 90 percent recovery from the maximum drawdown, whichever occurs first. Recovery water level measurements shall be taken on the same schedule as described in section (5) of this rule for drawdown measurements. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0030 Pump Test Specifications for Flowing Artesian Wells with Pumps (1) Pump tests for flowing artesian wells with pumps shall be conducted such that the following minimum specifications are met. (2) The well shall be shut in for at least sixteen hours prior to the test and the shut-in pressure recorded within the hour prior to the test at least three times no less than 20 minutes apart. (3) The pump test shall be conducted in the same manner as outlined for non-flowing wells in OAR 690-217-0025 except that water levels above ground shall be determined by the use of a pressure gauge and reported as pounds per square inch (PSI). If at any time during the test the pressure drops below zero PSI, indicating the water level in the well has dropped below ground level, the water level shall be measured by a method listed in OAR 690-217-0045. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88