ORS 537.762
Report of constructor before beginning work on well; rules; fees


(1)

Each person required to possess a license under ORS 537.747 (Water well constructor’s license) who has entered into a contract to construct, alter, abandon or convert a well or cause a well to be constructed, altered, abandoned or converted shall, before beginning work on the well, make a report to the Water Resources Commission containing:

(a)

The name and post-office address of the owner of the well.

(b)

The approximate location of the well.

(c)

The proposed depth and diameter of the well.

(d)

The proposed purpose or use of the ground water from the well.

(2)

The commission shall furnish a convenient means for submitting the reports referred to in subsection (1) of this section to each person who possesses a license under ORS 537.747 (Water well constructor’s license).

(3)

A separate report shall be furnished under subsection (1) of this section for each well that is constructed, altered, abandoned or converted.

(4)

The report furnished under subsection (1) of this section shall be confidential and maintained as such for one year or until the well log required under ORS 537.765 (Log of constructing, altering, abandoning or converting well) is received by the commission, whichever is earlier. Nothing in this subsection prohibits the commission from using the report for enforcement actions during the period the report is considered confidential.

(5)

Each report form submitted under subsection (1) of this section for the construction of a new well, deepening of an existing well, or conversion of a well shall be accompanied by a fee of $225. Notwithstanding the fee established pursuant to this subsection, the commission may adopt by rule a reduced fee for persons submitting materials to the Water Resources Department in a digital format approved by the department.

(6)

The moneys paid to the commission under subsection (5) of this section shall be paid into the Water Resources Department Operating Fund. All interest, if any, from moneys received under subsection (5) of this section shall inure to the benefit of the Water Resources Department. Such moneys and interest earned on such moneys are continuously appropriated to the department to be used to pay the costs of the department to employ personnel to inspect wells and well construction. [Formerly 537.632; 1981 c.416 §5; 1985 c.615 §7; 1985 c.673 §69; 1987 c.109 §2; 1989 c.129 §1; 1999 c.293 §4; 2003 c.594 §3; 2005 c.156 §2; 2009 c.766 §1]
§§ 537.747 to 537.795

Notes of Decisions

Water Resources Commission implementation and enforcement of state control over inspection and construction of wells is discretionary. Ashland Drilling, Inc. v. Jackson County, 168 Or App 624, 4 P3d 748 (2000), Sup Ct review denied

County ordinance provisions requiring well construction permit, imposing construction permit fees, regulating well location, requiring submission of plot plans, and requiring flow testing are preempted by state law. Ashland Drilling, Inc. v. Jackson County, 168 Or App 624, 4 P3d 748 (2000), Sup Ct review denied

County ordinance provisions requiring well water quality testing, requiring inclusion of notice in deed of inadequate water supply, and regulating subdivision of lands having inadequate water supply are not preempted by state law. Ashland Drilling, Inc. v. Jackson County, 168 Or App 624, 4 P3d 748 (2000), Sup Ct review denied

§§ 537.505 to 537.795

Notes of Decisions

Ground Water Act of 1955, construed together with ORS chapter 536, governing administration of water resources generally, cannot be read as expressly prohibiting local bodies from engaging in regulatory activity consistent with statute or agency regulations. Water Resources Dept. v. City of Klamath Falls, 68 Or App 148, 682 P2d 779 (1984), Sup Ct review denied

Atty. Gen. Opinions

Requirements for exploring for or production of geothermal or oil or gas resources, (1974) Vol 37, p 68

Law Review Citations

4 EL 333 (1974); 47 WLR 405 (2011)

Chapter 537

Notes of Decisions

Water control district, in applying for water appropriation permit for hydroelectric project, was exempt from licensing provisions of ORS 543.010 to 543.620 and needed only to comply with requirements of this chapter. Steamboaters v. Winchester Water Control Dist., 69 Or App 596, 688 P2d 92 (1984), Sup Ct review denied

Atty. Gen. Opinions

Reservation to state of “all coal and other minerals” in deed of land by state as reservation of geothermal resources, (1980) Vol 41, p 298

Law Review Citations

11 EL 387 (1981); 16 EL 583, 592 (1986); 28 WLR 285 (1992)


Source
Last accessed
May. 15, 2020