justicedao/ipfs_state_laws huggingface dataset:
690-217-0035 Pump Test Specifications for Flowing Artesian Wells without Pumps If a flowing artesian well is not fitted with a pump and is normally used in an open discharge fashion, the test shall be conducted in the following manner: (1) The well shall be shut in for 16 hours prior to the test and the shut-in pressure recorded in the hour prior to the test. (2) The well shall be allowed to flow for a measured period of time of at least four hours, during which time the flow rate is to be measured and kept as constant as possible. (3) After the flowing period, the well shall be shut in and the pressure build-up recorded on the same schedule as described in OAR 690-217-0025(5) for water level recovery data collection in non-flowing well tests. Pressure build-up shall be recorded for four hours or until the pressure reaches 95 percent of the pretest shut-in pressure. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0040 Nearby Wells and Streams (1) If the well to be tested is within one-quarter mile of a stream, lake or other surface water body, it shall be noted on the pump test report along with the distance between the well and that surface water body. The approximate elevation difference between the land surface at the well and the surface of the water body shall also be noted. (2) In order for pump test information to be valid, the possible effects from pumping of nearby wells must be evaluated. If there are other wells not exempted under ORS 537.545 which are within 1000 feet of the well to be tested, and which were pumping for all or part of the pump test, the approximate distance to these wells and the approximate pumping rate of each shall be included on the pump test report. If pumping from a nearby well started or stopped during the test or within 24 hours prior to the test, the time the pumping started or stopped shall be included on the pump test report if known or available. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0045 Acceptable Techniques for Measurement of Water Level and Discharge (1) Water level measurements shall be taken by one of the following methods: (a) An electric water level measuring tape specifically designed for this purpose. Depth markings on the tape shall be no more than five feet apart, and shall be accurate to 0.5 percent. All water level measurements shall be reported to a precision of at least one-tenth of a foot; (b) A calibrated electronic pressure transducer coupled with an appropriate output device or data logger. The accuracy and precision of the transducer and output device or data logger shall meet those outlined in subsection (1)(a) of this rule for electric water level measuring tapes. If an electronic pressure transducer is used for water level measurement, the manufacturer’s name, the serial number and calibration date of the device must be supplied in the pump test report; (c) An air line and pressure gauge. Air line measurements shall be accepted only where water levels deeper than 300 feet below ground level are encountered or expected. Air line accuracy shall be verified by at least one water level measurement with an electric water level measuring tape; (d) An acoustic sounding device designed and manufactured specifically for measuring the depth to water in walls; (e) The wetted steel tape method. This method may be used for static water level measurements only. (2) Measurements of air line pressure of shut-in pressure of flowing artesian wells shall be with a calibrated pressure gauge with marked intervals of one PSI or less. (3) Discharge from the pump shall be physically measured by a standard and acceptable method. In no case will visually estimated flow rates be accepted. Acceptable methods include: (a) A properly installed flow meter which is functional and calibrated within reasonable limits; (b) A properly installed weir or flume; (c) A properly installed calibrated orifice plate and manometer; (d) Known volume/time calculations (including calibrated bucket and stopwatch up to 60 gallons per minute); and (e) Properly used ultrasonic flow measuring devices. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0050 Qualifications for Conducting Pump Tests Only pump tests conducted by the well owner, a full-time employee of the well owner who routinely works with and is familiar with wells and pumps, or a qualified individual authorized by the well owner shall be accepted by the Director. Individuals in the following groups will be considered qualified and authorized provided they have significant experience conducting pump tests: (1) Oregon licensed water well constructors. (2) Oregon registered professional geologists or certified engineering geologists. (3) Certified water rights examiners. (4) Oregon registered professional engineers. (5) Individuals whose primary occupation involves, wholly or in significant part, pump installation, service or testing. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-217-0055 Pump Test Reports Results of pump tests shall be reported on the pump test report form supplied by the Water Resources Department. The person conducting the pump test shall be responsible for completing and certifying the pump test report. The well owner shall sign and submit the pump test report. Statutory/Other Authority: ORS 537 History: WRD 25-1988, f. & cert. ef. 12-20-88
690-220-0005 Temporary Abandonment Any water supply well to be temporarily removed from service, temporarily abandoned due to a recess in construction, or temporarily abandoned before commencing service, shall be capped with a watertight seal, watertight welded steel cap, or threaded cap. In the event that temporary abandonment is to be of 90 days or less, the temporary steel cap may be welded to the well casing with a minimum of four separate welds, evenly spaced, each at least 3/16 of an inch in length. Steel or cast iron caps shall be at least 3/16 of an inch in thickness. Access ports and airlines, as described in OAR 690-210-0280, shall be maintained during the temporary abandonment. During the temporary abandonment, the well must be maintained to the standards prescribed in OAR 690-215. 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 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 690-063-0005 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-220-0030 Permanent Abandonment (1) Any water supply well that is to be permanently abandoned shall be completely filled in such a manner that vertical movement of water within the well bore, including vertical movement of water within the annular space surrounding the well casing, is effectively and permanently prevented. If a dry or non-producing water supply well is to be permanently abandoned, it shall be abandoned in accordance with these standards. Unless otherwise stated in these rules, all permanent water supply well abandonments shall be performed by a licensed Water Supply Well Constructor. (2) 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 requirements as listed in OAR 690-205-0210, plus: (a) Method of abandonment; (b) If assigned, the well identification tag number, original start card number, and owner's well number of the abandoned well. (3) When a well that has a well identification tag on it is permanently abandoned, the well identification tag shall be destroyed. The well identification tag shall not be reused. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09 WRD 2-2006, f. & cert. ef. 6-20-06 WRD 7-2001, f. & cert. ef. 11-15-01 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 690-063-0010 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-220-0035 Abandonment of an Existing Water Well After Replacement A landowner who replaces an old well by drilling a new well shall permanently abandon the old well if the old well is within a setback as defined in OAR 690-210-0030. Permanent abandonment of a well located within a setback shall occur within one year after the function of the well is replaced or within one year after the water right, if applicable, is transferred to the new well, whichever is later. 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
690-220-0040 Abandonment of Cased Wells (1) If all or a portion of the water supply well casing or the liner pipe is not removed during the abandonment of a well, the remaining casing or liner shall be thoroughly ripped or perforated. The number and size of perforations may vary, however, the perforations must be sufficient enough to allow grout to migrate outside the casing and effectively prevent the vertical movement of water. The annular space between the casing or liner and the drillhole wall shall be effectively and completely filled with cement grout applied under pressure. (2) Perforations are not required in the sealed interval provided proof of the original seal can be verified with the original well report. The verified seal interval shall be filled with cement grout, concrete or unhydrated bentonite. (3) Uncased portions of a cased well to be abandoned shall be filled in accordance with OAR 690-220-0030 through 690-220-0050. (4) The well casing to be abandoned may be severed below land surface and removed. (See Figure 220-3.) [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 8-2023, minor correction filed 07/07/2023, effective 07/07/2023 WRD 7-2023, minor correction filed 06/26/2023, effective 06/26/2023 WRD 6-2023, minor correction filed 06/23/2023, effective 06/23/2023 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 9-1978, f. 12-12-78, ef. 1-1-79, Renumbered from 690-063-0011 WRD 3, f. & ef. 2-18-77
690-220-0050 Abandonment of Uncased Wells (1) Uncased portions of water supply wells to be permanently abandoned shall be completely filled with cement grout, concrete or unhydrated bentonite: (See Figure 220-1) (Figure 220-2) (2) Uncased portions of water supply wells that penetrate a water-bearing formation may be abandoned with alternating layers of cement grout, concrete or unhydrated bentonite and clean gravel throughout the water-bearing zones in the following manner: (a) In all cases, non water-bearing zones shall be filled with cement grout, concrete or unhydrated bentonite. (b) Clean gravel may only be placed in the water-bearing zones verified by an original water supply well report or other documentation acceptable to the Department. A vertical column of gravel that exceeds a total length of 50 feet shall only be placed with prior Department approval. Non water-bearing portions shall be filled with a plug of cement grout, concrete or unhydrated bentonite. Gravel shall not exceed a maximum of 50% of well depth without prior Department approval. Gravel may be placed in multiple water-bearing zones, not to exceed 50 feet for each zone. In no case shall gravel be placed above 18 feet below land surface. [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 Statutes/Other Implemented: ORS 536.090 & ORS 537.505 - 537.795 History: WRD 4-2023, minor correction filed 05/15/2023, effective 05/15/2023 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 9-1978, f. 12-12-78, ef. 1-1-79, Renumbered from 690-063-0012 WRD 3, f. & ef. 2-18-77
690-220-0070 Abandonment of Artesian Wells In addition to OAR 690-220-0040 and 690-220-0050, the flow of artesian water supply wells to be abandoned 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. Cement grout or concrete shall be used to effectively fill the well to land surface. (See Figure 220-4, 1986.) [ED. NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: 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, cert. ef. 11-1-86, Renumbered from 690-063-0015 WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79 WRD 3, f. & cert. ef. 2-18-77
690-220-0080 Abandonment of Driven and Jetted Wells Provided an annular seal meeting the requirements of OAR 690-210-0180 can be confirmed, a cement grout plug shall be placed by grout pipe opposite all perforations or openings in the water supply well casing. The remainder of the well shall be filled with cement grout. If no annular seal can be confirmed, the well shall be abandoned by removing the casing and filling the borehole with cement grout (see OAR 690-220-0120). Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: 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 690-063-0020 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-220-0090 Abandonment of Filter or Gravel Pack Wells Filter or gravel pack water supply wells may only be abandoned under a special standard. Any method of abandonment proposed must ensure that all perforated sections of the casing will be pressure grouted throughout, and that the remainder of the well is filled with cement grout. (See definition of pressure grout in OAR 690-200) Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-063-0016 & 690-063-0025 WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79 WRD 3, f. & cert. ef. 2-18-77
690-220-0095 Abandonment of Dug Wells (1) Abandonment of a dug water supply well shall be approved by the Department before work is started. The Department shall be notified of the proposed abandonment. The notification shall include: (a) Location; (b) Name of the owner; (c) Well diameter; (d) Well depth; (e) Depth to water; (f) Type of well casing or liner material if any; and (g) The proposed method of abandonment. (2) A method to be used in the abandonment will be approved by the Department if the method will adequately protect the ground water resource. Dug wells penetrating more than one water bearing zone shall be abandoned in a manner to eliminate the possibility of leakage from one water bearing zone to another. (3) The well shall be abandoned by a licensed Water Supply Well Constructor, a landowner with a landowner well construction permit and bond, or by a landowner in the presence of the watermaster or other Department representative. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 2-2006, f. & cert. ef. 6-20-06 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 7-1988, f. & cert. ef. 6-29-88
690-220-0100 Obstructions and Possible Contaminants All obstructions or debris which may interfere with effective sealing operations shall be removed from the water supply well to be abandoned. Any foreign matter capable of causing ground water contamination shall be removed prior to placing any sealing material. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: 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 690-063-0026 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-220-0110 Removal of Well Casing During Abandonment If the casing of a water supply well is removed during abandonment, the well shall be plugged and sealed in accordance with OAR 690-220-0030 through 690-220-0050 and shall be filled with sealing materials as the casing is removed. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: 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 690-063-0021 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-220-0120 Cement Grout Cement grout for use in abandonment operations shall conform to the requirements of OAR 690-210-0310. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: Renumbered from 690-063-0031, WRD 13-1986, f. 10-7-86, ef. 11-1-86 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-220-0130 Concrete Concrete for use in abandonment operations shall conform to the requirements of OAR 690-210-0315. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: 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 690-063-0035 WRD 9-1978, f. 12-12-78, ef. 1-1-79 WRD 3, f. & ef. 2-18-77
690-220-0140 Method of Placement of Concrete or Cement Grout Concrete or cement grout used as a sealing material in abandonment operations shall be introduced at the bottom of the well or required sealing interval and placed progressively upward to the top of the well. All such sealing materials shall be placed by the use of a grout pipe or by dump bailer in order to avoid segregation or dilution of the sealing materials. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-063-0040 WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79 WRD 3, f. & cert. ef. 2-18-77
690-225-0020 Investigation of Alleged Violations (1) The Water Resources Director, upon the Director's own initiative, or upon complaint alleging violation of statutes, standards or rules governing construction, alteration, conversion, or abandonment of wells may cause an investigation to determine whether a violation has occurred. If the investigation indicates that a violation has occurred, the Director shall notify the persons believed responsible for the violation including but not limited to: (a) Any Water Supply Well Constructor involved; or (b) The landowner, if the violation involves construction, alteration, operation, or abandonment of a well. (2) Enforcement and civil penalty assessment for “other than well constructors” is described in OAR 690-260. (3) See Table 225-2 for a description of the well construction enforcement process. [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 537.992, ORS 536.027, ORS 183 & ORS 536.900 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 537.992, ORS 183 & ORS 536.900 History: WRD 7-2025, minor correction filed 04/04/2025, effective 04/04/2025 WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 2-2006, f. & cert. ef. 6-20-06 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86
690-225-0030 Enforcement Actions (1) If, after notice and opportunity for hearing under ORS 183.310 to 183.550 the Director determines that one or more violations have occurred, the Director may take one or more of the following actions: (a) Provide a specified time for remedy; (b) Assess a civil penalty in accordance with the schedule of civil penalties in OAR 690-225-0110; (c) Suspend, revoke, or refuse to renew the licenses when one or more persons responsible for the violation hold a Water Supply Well Constructor's License; (d) Require that a person whose license has been refused renewal pass the Water Supply Well Constructor’s License examination before a new license is issued; (e) Impose any reasonable conditions on the Water Supply Well Constructor's License to insure correction of the 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 administrative action before the constructor can offer any services or construct, alter, convert, or abandon any well; (B) Requiring additional advance notice to be given to the Department of construction, alteration, conversion, or abandonment of any well; (C) Requiring a seal placement notice be given to the Department 24 hours in advance of placing the seal; or (D) Any other conditions the Director feels are appropriate. (f) Order the landowner to repair or meet other conditions on use of the well, or order discontinuance of use and proper abandonment pursuant to ORS 537.775; (g) Make demand on the Water Well Constructor's Bond or on the Landowner's Water Well Bond. This may occur only if the Director has given the notice required in OAR 690-225-0020 to the persons responsible for the violation within three years after the date the well report is filed with the Department. If no well report has been filed, the three-year limitation shall not apply until such time as a well report is filed; (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 satisfactory correction of the violation has been completed. (3) Any Water Supply Well Constructor whose license is suspended or revoked shall not contract for well construction services or operate well drilling machines in the State of Oregon during the suspension or revocation period. (4) See Table 225-2 for a description of the well construction enforcement process. [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 183.310-183.550, ORS 537.992, ORS 536.027 & ORS 536.900 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 183.310-183.550, ORS 537.992 & ORS 536.900 History: WRD 6-2025, minor correction filed 04/04/2025, effective 04/04/2025 WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 2-2006, f. & cert. ef. 6-20-06 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
690-225-0040 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 notified is a separate and distinct violation. Administrative enforcement proceedings for multiple violations may be consolidated into a single proceeding. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: 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