2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 537 - Appropriation of Water Generally › Section 537.765 - Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission; rules.

(1) As used in this section, "licensed or permitted person" means a person licensed under ORS 537.747 or permitted under ORS 537.753 (4).
(2) The business or activity of constructing new wells or altering, abandoning or converting existing wells is declared to be a business or activity affecting the public welfare, health and safety. In order to enable the state to protect the welfare, health and safety of its residents, any licensed or permitted person shall keep a log of each well constructed, altered, abandoned or converted and shall electronically file a certified copy of the log with the Water Resources Department within 30 days after the completion of the construction, alteration, abandonment or conversion.
(3) The department shall provide to a licensed or permitted person acknowledgment of receipt of a well log submitted under this section within 120 days of receipt.
(4) Each log that a licensed or permitted person files under this section shall be in a form prescribed by the department and shall show:
(a) The name and post-office address of the owner of the well.
(b) The name and license number, if applicable, of the licensed or permitted person performing the work.
(c) The name and license number, if applicable, of the licensed or permitted person responsible for the work.
(d) The name of any person that assisted with the work.
(e) The location of the well by county tax lot number, township, range and section, and to the nearest quarter-quarter section, and by the latitude and longitude as established by a global positioning system.
(f) The dates of commencement and completion of the work of constructing, altering, abandoning or converting the well.
(g) The depth, diameter and type of the well.
(h) The kind and amount of the casing and where placed in the well, including the number and location of perforations or screens.
(i) The flow in cubic feet per second or gallons per minute of a flowing well, and the shut-in pressure in pounds per square inch.
(j) The static water level with reference to the land surface, and the drawdown with respect to the amount of water pumped per minute, when a pump test is made.
(k) The kind and nature of the material in each stratum penetrated, with at least one entry for each change of formation, and the thickness of aquifers.
(L) The temperature of the ground water encountered and other characteristics of the ground water in detail as required by the department.
(5) If required by the department, the licensed or permitted person shall furnish to the department samples of the ground water and of each change of formation in containers furnished and transportation expense paid by the department.
(6) Not later than 120 days after a well log is submitted pursuant to this section, the department shall:
(a) Review the well log to identify any deficiencies and assess compliance with the standards that were in effect when the well that is the subject of the well log was constructed, altered, abandoned or converted.
(b) Notify the licensed or permitted person who submitted the well log that the review has been completed.
(7) The Water Resources Commission may adopt rules establishing precision requirements and standards for global positioning system equipment used to obtain information submitted under subsection (4)(e) of this section.
(8) The commission may adopt rules that waive the electronic submittal requirement. [1955 c.708 §29; 1961 c.334 §11; 1981 c.416 §6; 1985 c.673 §70; 1993 c.774 §5; 1995 c.77 §1; 1999 c.293 §5; 2021 c.610 §§11,12,13]
Note:
The amendments to 537.765 by section 13, chapter 610, Oregon Laws 2021, become operative July 1, 2024. See section 28, chapter 610, Oregon Laws 2021. The text that is operative until July 1, 2024, is set forth for the user’s convenience.
(1) As used in this section, "licensed or permitted person" means a person licensed under ORS 537.747 or permitted under ORS 537.753 (4).
(2) The business or activity of constructing new wells or altering, abandoning or converting existing wells is declared to be a business or activity affecting the public welfare, health and safety. In order to enable the state to protect the welfare, health and safety of its residents, any licensed or permitted person shall keep a log of each well constructed, altered, abandoned or converted and shall file a certified copy of the log with the Water Resources Department within 30 days after the completion of the construction, alteration, abandonment or conversion.
(3) The department shall provide to a licensed or permitted person acknowledgment of receipt of a well log submitted under this section within 120 days of receipt.
(4) Each log that a licensed or permitted person files under this section shall be in a form prescribed by the department and shall show:
(a) The name and post-office address of the owner of the well.
(b) The name and license number, if applicable, of the licensed or permitted person performing the work.
(c) The name and license number, if applicable, of the licensed or permitted person responsible for the work.
(d) The name of any person that assisted with the work.
(e) The location of the well by county tax lot number, township, range and section, and to the nearest quarter-quarter section, and by the latitude and longitude as established by a global positioning system.
(f) The dates of commencement and completion of the work of constructing, altering, abandoning or converting the well.
(g) The depth, diameter and type of the well.
(h) The kind and amount of the casing and where placed in the well, including the number and location of perforations or screens.
(i) The flow in cubic feet per second or gallons per minute of a flowing well, and the shut-in pressure in pounds per square inch.
(j) The static water level with reference to the land surface, and the drawdown with respect to the amount of water pumped per minute, when a pump test is made.
(k) The kind and nature of the material in each stratum penetrated, with at least one entry for each change of formation, and the thickness of aquifers.
(L) The temperature of the ground water encountered and other characteristics of the ground water in detail as required by the department.
(5) If required by the department, the licensed or permitted person shall furnish to the department samples of the ground water and of each change of formation in containers furnished and transportation expense paid by the department.
(6) Not later than 120 days after a well log is submitted pursuant to this section, the department shall:
(a) Review the well log to identify any deficiencies and assess compliance with the standards that were in effect when the well that is the subject of the well log was constructed, altered, abandoned or converted.
(b) Notify the licensed or permitted person who submitted the well log that the review has been completed.
(7) The Water Resources Commission may adopt rules establishing precision requirements and standards for global positioning system equipment used to obtain information submitted under subsection (4)(e) of this section.
Note:
Sections 2, 4 and 7, chapter 496, Oregon Laws 2001, provide:
Sec. 2.
(1) There is established a Well Constructors Continuing Education Committee consisting of six members appointed by the Water Resources Director as follows:
(a) One person representing the Water Resources Department;
(b) Three persons from the well drilling industry licensed pursuant to ORS 537.747;
(c) One person having expertise in ground water quality or public health; and
(d) One person having expertise in employee safety.
(2) The term of office of each member is three years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become effective immediately for the unexpired term.
(3) A member of the committee is entitled to travel expenses as provided in ORS 292.495.
(4) Members of the committee must be residents of this state who are knowledgeable about the principles of well construction.
(5) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with the duties and powers necessary for the performance of the functions of such offices as the committee determines.
(6) Four members of the committee constitute a quorum for the transaction of business. At least four members of the committee must approve all official actions or decisions of the committee. [2001 c.496 §2; 2021 c.610 §17]
Sec. 4.
(1) The Well Constructors Continuing Education Committee shall recommend to the Water Resources Commission a process for reviewing and approving continuing education requirements for licensed water well constructors established by rule pursuant to subsection (2) of this section.
(2) The commission shall adopt rules necessary for the administration of a continuing education program for licensed water well constructors consistent with the recommendations of the committee.
(3) The rules adopted by the commission under this section for the continuing education program shall:
(a) Authorize the committee to review and approve continuing education courses and to assign continuing education credits.
(b) At a minimum require, for renewal of a license issued under ORS 537.747, that an applicant:
(A) Through clinics, schools, professional organizations or seminars, lectures or other courses of study that relate to the practice of well construction and that are approved by the committee, obtain continuing education credits during each licensing period in an amount designated by the commission, but not to exceed 14 credits; and
(B) Furnish proof on a form approved by the committee that the applicant has complied with the continuing education requirements during the preceding licensing period unless the applicant is exempt under subsection (4) of this section.
(4) The commission may waive the continuing education requirements established by rule pursuant to subsection (2) of this section for a licensed water well constructor if the constructor submits satisfactory evidence of inability to attend continuing education courses because of health, military duty or other circumstances beyond the control of the constructor.
(5) For courses sponsored by the Water Resources Department, the fee for one continuing education credit is $40, and the total fees per day may not exceed $250.
(6) The fees collected under this section for continuing education courses sponsored by the department shall be paid into the Water Resources Department Water Right Operating Fund. Notwithstanding ORS 536.009, such moneys shall be used to pay the department’s expenses associated with conducting continuing education courses.
(7) At the time of application to renew a water well constructor’s license pursuant to ORS 537.747 (5), a person shall provide the department with evidence of compliance with the continuing education requirements established pursuant to this section. [2001 c.496 §4; 2007 c.221 §2]
Sec. 7.
Sections 2 and 4, chapter 496, Oregon Laws 2001, are repealed January 2, 2030. [2001 c.496 §7; 2007 c.221 §3; 2014 c.57 §1; 2021 c.610 §18]
Note:
Section 29, chapter 610, Oregon Laws 2021, provides:
Sec. 29.
The amendments to section 2, chapter 496, Oregon Laws 2001, by section 17 of this 2021 Act do not alter the term of office of a member serving on the Well Constructors Continuing Education Committee immediately prior to the effective date of this 2021 Act [January 1, 2022].
[2021 c.610 §29]