justicedao/ipfs_state_laws huggingface dataset:
690-230-0130 Exemption from Water Right Permit Application/Use of Low-Temperature Geothermal Fluid (1) Low-temperature geothermal fluid appropriation for single industrial or commercial use including, but not limited to, electrical, agricultural, aquacultural, heating and/or cooling in an amount not exceeding 5,000 gallons per day shall be exempt from application for a water right as provided for under ORS 537.545. (2) Low-temperature geothermal fluid appropriation for single or group domestic purposes including household heating and/or cooling shall be exempt from being required to apply for a water right as provided for under ORS 537.545 when the combined amount of groundwater for single or group domestic purposes, including household heating and/or cooling, does not exceed 15,000 gallons per day. Construction must comply with well construction and maintenance rules as per OAR 690-200-0230. (3) The exemptions under sections (1) and (2) of this rule apply to the use of groundwater for any such purpose to the extent that it is beneficial and constitutes a right to appropriate groundwater equal to that established by a groundwater right certificate. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0065 WRD 12-1982, f. & ef. 12-14-82
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 low-temperature geothermal effluent disposal system. If a nonstandard low-temperature 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. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 18-1990, f. & cert. ef. 12-14-90 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0070 WRD 12-1982, f. & ef. 12-14-82
690-235-0005 Groundwater Advisory Committee: Appointments, Terms, and Qualifications (1) There is created the Groundwater 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 government, Indian Tribes, environment, public health, industry, commerce, water project development, watershed enhancement, instream flow, agriculture, well pump installation, exempt groundwater users, any other category with a groundwater 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 mailing list maintained for the Groundwater Advisory Committee. Appointments to the committee are not limited to individuals submitted for consideration as a result of the solicitation process set forth above. Statutory/Other Authority: ORS 536.090 Statutes/Other Implemented: ORS 536.090 History: WRD 10-2025, minor correction filed 06/26/2025, effective 06/26/2025 WRD 4-1997, f. & cert. ef. 8-29-97 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-064-0005 WRD 9, f. & ef. 12-9-77
690-235-0020 Groundwater Advisory Committee 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 of the Department and the Committee with concurrence by the Commission. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 9-2025, minor correction filed 06/26/2025, effective 06/26/2025 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-064-0010 WRD 9, f. & ef. 12-9-77
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 utilize 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 utilized in the construction or abandonment of a monitoring well or geotechnical hole. Prior to the completion of the well, a bonded constructor must request and receive approval from 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 level of resource protection as that which is provided by these rules. (2) The written request for special standards shall include: (a) Name, license number and signature of the bonded well constructor; (b) Location of the well by county, township, range, section, tax-lot (if assigned), 1/4, 1/4 section, and Latitude and Longitude as established 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; (i) The start card number; (j) If the request is to abandon a monitoring well in-place, then the most current water quality analytical data shall also be provided; (k) Oregon Department of Environmental Quality site or facility identification number and no further action (NFA) decision, if applicable; and (l) Any associated well report numbers if special standard request is for alteration or abandonment. 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 Renumbered from 690-240-0140 by WRD 7-2001, f. & cert. ef. 11-15-01 WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90
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 rules 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. Statutory/Other Authority: ORS 537.780 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
690-240-0011 Organic Materials Organic materials which foster or promote undesired organic growth or have the potential to degrade water quality shall not be employed in the construction of a well. This includes, but is not limited to, brans, hulls, grains, starches, and proteins. 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
690-240-0012 Public Safety No monitoring well, geotechnical hole, or other hole shall be constructed, maintained, or abandoned in such a manner as to constitute a health threat, or health hazard or a menace to public safety. Statutory/Other Authority: ORS 737.780 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
690-240-0013 Wells Cannot Be Used for Disposal of Contaminants No monitoring well, 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. Statutory/Other Authority: ORS 537.780 Statutes/Other Implemented: Stats. Implemented.: History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
690-240-0014 Water Used Must be Potable All water used in the construction, alteration, repair or abandonment of monitoring wells and geotechnical holes shall be potable. 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
690-240-0015 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 construction, operation, maintenance, and abandonment of monitoring wells, geotechnical holes and other holes. (2) Such delegation shall be revoked at such time as the agency intentionally or repeatedly fails to enforce the standards. (3) The Water Resources Department shall provide notice to all Oregon licensed Monitoring and Water Supply Well Constructors and professional geologists and civil engineers registered in Oregon whenever authority is delegated to or revoked from another state agency. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 2-2006, f. & cert. ef. 6-20-06 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0016 Unattended Wells All wells, when unattended during construction, shall be covered to protect public health and safety. 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
690-240-0020 Delegation Conditions In order for the Director to delegate responsibility for monitoring wells, geotechnical holes and other holes to another agency, construction, operation or use, maintenance, and abandonment standards developed by that agency pursuant to OAR 690-240-0015 shall include, but not be limited 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 construction. (4) Assigning responsibility for compliance. (5) Protecting ground water through minimum standards for the construction, operation or use, maintenance, and abandonment of the 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. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 1-2003, f. & cert. ef. 3-14-03 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0024 Well Identification Label (1) Within 30 days of completion of well construction, conversion, or alteration, the constructor shall permanently affix a well identification label to the wellhead in an accessible and visible location in the following manner: (a) For above ground completions, labels shall be at least six inches above ground surface and shall be permanently attached to the outside of the protective casing using a stainless steel band, stainless steel rivets, or screws. (b) For flush grade completions: (A) Rivet or bolt the label to the inside of the monument skirting; or (B) Band or strap the label to the well casing; or (C) Insert the strap or band into the concrete in the bottom of the vault. (2) Identification labels may not be attached to pumps, pump equipment, water delivery lines, or well caps. (3) The identification label number shall be recorded on the well report at the time the report is submitted. (4) The well identification label shall be attached in such a manner as to be easily readable upon inspection. (5) Identification labels shall be furnished by the Department. (6) If a well identification label is already affixed to an existing well that is being altered, converted, or abandoned, the constructor shall record the identification label number on the well report. (7) When a well that has a well identification label on it is permanently abandoned, the well identification label shall be destroyed. The well identification label shall not be reused. 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
690-240-0026 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. 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 7-2001, f. & cert. ef. 11-15-01
690-240-0030 Other Holes: General Performance and Responsibility Requirements (1)(a) Other holes are constructed for a variety of purposes which may or may not encounter ground water. Other holes are constructed 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 limited to: temporary (abandoned within 72 hours) wetland delineation holes, gravel pits, pits for removal of underground storage tanks (UST), pilings, tunnels, post holes, excavation and construction 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 constructed is ultimately responsible for the condition and use of the other hole. (2)(a) In order to protect ground water, all other holes shall be constructed, operated or used, maintained, and abandoned in such a manner 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 undisturbed condition prior to construction of the other hole; (c) Conversion of other holes to a water supply well, monitoring well, or geotechnical hole shall be considered by the Water Resources Department on a case-by-case basis; (d) If 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 well report and monitor well conversion requirements. Statutory/Other Authority: ORS 537.780 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 14-1990, f. & cert. ef. 8-9-90
690-240-0040 Closed Loop Ground Source Heat Pump Boring — General Requirements (1) In addition to the requirements for cased permanent and uncased permanent geotechnical holes contained in 690-240-0035, a closed loop ground source heat pump boring greater than 18 feet deep shall meet the following requirements: (a) Prior to installation, the professional responsible for the construction of the ground source heat pump boring is encouraged to notify the Department’s regional office. (b) Ground source heat pump borings shall not be used for any purpose other than heat exchange. (c) After completion, ground source heat pump borings shall not be converted to a monitoring well or a water supply well without written approval by the Department. (d) The professional shall ensure that the ground source heat pump boring is constructed in accordance with 690-240-0040 through 690-240-0049. (2) A minimum setback of 50 feet is required from any potential source of groundwater contamination, including but not limited to, temporarily abandoned water supply wells, water wells, septic tanks, drain fields, fuel oil or other petroleum tanks, cesspools, chemical storage or preparation areas. Municipal sewer and storm water systems are excluded from the 50 feet setback. (3) All fluids used in the construction of a closed loop ground source heat pump boring and associated ground source heat pump system shall meet International Groundwater Source Heat Pump Association standards in place at the time of construction and shall be handled, utilized, and installed in a manner that does not contaminate the groundwater resource. Statutory/Other Authority: ORS 536.027 & 537.780 History: WRD 2-2012, f. & cert. ef. 2-2-12
690-240-0043 Construction Standards (1) If permanent casing is needed in a ground source heat pump boring, it shall meet the standards set out in OAR 690-210-0190 through 690-210-0220 for steel and plastic. (2) Site specific conditions shall be assessed to determine the best method and materials to be used for sealing the boring annulus to protect the groundwater resource and that method shall meet the standards set out in OAR 690-210-0300 through 690-210-0360 for sealing wells. (3) The diameter of the borehole for cased and uncased ground source heat pump borings shall allow placement of the heat exchange loop and grout pipe to the bottom of the boring as follows: (a) For installation of a 3/4 inch loop, the diameter of the borehole shall be a minimum of 4 inches; (b) For installation of a 1 inch loop, the diameter of the borehole shall be a minimum of 4 1/2 inches; and (c) For installation of a 1 1/4 inch loop, the diameter of the borehole shall be a minimum of 5 inches. (4) The type of sealing material used shall be compatible with the heat exchange loop material and permanent casing material used in the construction of the boring. Statutory/Other Authority: ORS 536.027 & 537.780 History: WRD 5-2016, f. & cert. ef. 9-6-16 WRD 2-2012, f. & cert. ef. 2-2-12
690-240-0046 Grouting of Uncased Boring (1) Grouting of an uncased boring shall be completed after the heat exchange loop is installed. The boring shall be completed in a manner to allow ease in locating including but not limited to the use of marking or locating magnetic tape if maintenance or abandonment is necessary The area near land surface where the ground source heat pump boring will be connected to a manifold or to the closed loop system may be filled with earth materials. (2) Sealing shall be completed using active solids content bentonite grout slurry (minimum 20% active solids by weight) or high solids fluid mixture of cement. Controlled density fill (CDF), fly ash, drill cuttings or drilling fluids shall not be used in grouting the uncased boring. (3) Mixes of bentonite or cement slurry shall be installed by pumping through a grout pipe in a continuous operation from the bottom of the boring upward. The grout pipe shall extend the full depth of the borehole before pumping begins. Minimum slurry volume used shall be equal to or exceed the calculated annulus volume in the borehole. Grouting material shall surround all pipes remaining in the borehole. (4) The quality of the water in the boring shall not interfere with the proper hydration of bentonite. Statutory/Other Authority: ORS 536.027 & 537.780 History: WRD 3-2014, f. & cert. ef. 11-25-14 WRD 2-2012, f. & cert. ef. 2-2-12
690-240-0049 Reporting Requirements (1) The professional responsible for construction of the ground source heat pump boring(s) shall prepare a complete and certified boring log for each ground source heat pump boring. (2) Boring logs shall be prepared in triplicate; an original and two copies. The original shall be submitted to the Department and contain a site map showing the location of each ground source heat pump boring. One copy shall be retained by the professional responsible for construction of the ground source heat pump boring and the second copy shall be provided to the customer/landowner who contracted for the construction of the ground source heat pump boring. (3) The Professional shall file the boring log with the Department within 30 days after the completion of the ground source heat pump boring. (4) The boring log required in section (2) of this rule shall be recorded on a form provided or previously approved in writing by the Department. The form shall include, as a minimum, the following: (a) Name and Address of Landowner; (b) Start/Completion date; (c) Location of the boring 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) A description and depth of each change of formation; (e) Total depth and diameter of the completed closed loop heat pump boring (f) Depth of the surface seal, if any; (g) The nominal diameter and depth of the casing, if any; (h) The type and amount of grout material used; (i) The type of grout additives used; (j) The depth the borehole is grouted to; and (k) Such additional information as required by the Department. Statutory/Other Authority: ORS 536.027 & 537.780 History: WRD 2-2012, f. & cert. ef. 2-2-12