(2) The Water Resources Commission or any person injured by failure of a water well constructor to comply with the provisions of the bond or letter of credit has a right of action on the bond or letter of credit in the name of the injured person. However, the aggregate liability of the surety or letter of credit issuer to all such persons may not exceed the sum of the bond or letter of credit.
(3) A proceeding against the bond or letter of credit under subsection (2) of this section may not be commenced unless the commission notifies the water well constructor of the alleged violation within three years after the date the water well report is filed with the commission.
(4) If a well is to be constructed, altered, abandoned or converted by a person that is not licensed under ORS 537.747 on property owned by that person, the person shall obtain a permit from the commission before beginning work. Application for the permit shall be in the form prescribed by the commission and must be accompanied by a fee of $500. At the time the permit is obtained, the applicant also shall file with the commission a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 running to the State of Oregon in the sum of $10,000, ensuring that in the construction, alteration, abandonment or conversion of the well the landowner shall comply with all the provisions of ORS 537.505 to 537.795 and 537.992 that are applicable to the construction, alteration, abandonment or conversion of wells and to the rules and standards of well construction, alteration, abandonment and conversion that have been prescribed by the commission. Before the person who constructs, alters, abandons or converts a well referred to in this subsection seals the well, the person must give 10 days’ written notice of the construction, alteration, abandonment or conversion to the commission. After expiration of the notice period, the well may be sealed even if the commission has not caused the well to be inspected. [1961 c.334 §4; 1971 c.591 §2; 1981 c.416 §4; 1985 c.615 §1; 1985 c.673 §198; 1991 c.331 §78; 1997 c.631 §485; 1999 c.293 §3; 2003 c.144 §1; 2017 c.623 §1]
Note: The amendments to 537.753 by section 7, chapter 610, Oregon Laws 2021, become operative July 1, 2023. See section 27, chapter 610, Oregon Laws 2021. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience. (1) Any person who contracts or offers services to contract to construct, alter, abandon or convert wells shall have in effect a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, running to the State of Oregon in the sum of $20,000, ensuring that in the construction, alteration, abandonment or conversion of wells, the principal shall comply with all the provisions of ORS 537.505 to 537.795 and 537.992 that are applicable to such construction, alteration, abandonment or conversion and to the rules and standards of well construction, alteration, abandonment and conversion that have been prescribed by the Water Resources Commission. The bond or letter of credit shall be filed with the Water Resources Commission.
(2) The Water Resources Commission or any person injured by failure of a water well constructor to comply with the provisions of the bond or letter of credit has a right of action on the bond or letter of credit in the name of the injured person. However, the aggregate liability of the surety or letter of credit issuer to all such persons may not exceed the sum of the bond or letter of credit.
(3) A proceeding against the bond or letter of credit under subsection (2) of this section may not be commenced unless the commission notifies the water well constructor of the alleged violation within three years after the date the water well report is filed with the commission.
(4) If a well is to be constructed, altered, abandoned or converted by a person that is not licensed under ORS 537.747 on property owned by that person, the person shall obtain a permit from the commission before beginning work. Application for the permit shall be in the form prescribed by the commission and must be accompanied by a fee of $500. At the time of filing the permit, the applicant also shall submit to the commission a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 running to the State of Oregon in the sum of $10,000, ensuring that in the construction, alteration, abandonment or conversion of the well the landowner shall comply with all the provisions of ORS 537.505 to 537.795 and 537.992 that are applicable to the construction, alteration, abandonment or conversion of wells and to the rules and standards of well construction, alteration, abandonment and conversion that have been prescribed by the commission. Before the person who constructs, alters, abandons or converts a well referred to in this subsection seals the well, the person must give 10 days’ written notice to the Water Resources Department so department personnel can be present to observe the work. After expiration of the notice period, the well may be sealed even if the department has not caused the well to be inspected.
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 537 - Appropriation of Water Generally
Section 537.090 - Laws applicable to geothermal wells.
Section 537.095 - Interference between geothermal well and other water appropriation.
Section 537.097 - Verification of land ownership; time limits; exception.
Section 537.099 - Water use report from governmental entity.
Section 537.130 - Permit to appropriate water required; notification to owner of certain land.
Section 537.131 - Reclaimed water.
Section 537.132 - Exemption from permit requirement for use of reclaimed water; rules.
Section 537.133 - Permittee’s right to enter on forestland; notice.
Section 537.139 - Failure to obtain authorization for access to certain land.
Section 537.140 - Application for permit; contents; maps and drawings.
Section 537.141 - Uses of water not requiring water right application, permit or certificate; rules.
Section 537.144 - Request for right to use water under limited license; fee.
Section 537.145 - Notice of filing of application to appropriate water for hydroelectric purposes.
Section 537.147 - Permit to use stored water; fee.
Section 537.170 - Contested case hearing on application; final order; appeal.
Section 537.173 - Exceptions to final order; modified order.
Section 537.220 - Assignment of application, permit or license.
Section 537.225 - Full or partial assignment of water right permit; issuance of replacement permits.
Section 537.227 - Protest of application to assign all or part of water right permit.
Section 537.252 - Certificate issued for land not described in permit; notice.
Section 537.283 - Procedure for applications to appropriate water for hydroelectric power; rules.
Section 537.289 - Conditions to be imposed on permit of municipal corporation or district.
Section 537.292 - Conditions to be imposed on certificate of municipal corporation or district.
Section 537.310 - Acquisition of water rights for railway purposes; certificates.
Section 537.332 - Definitions for ORS 537.332 to 537.360.
Section 537.343 - Proposed final order; conditions.
Section 537.350 - Legal status of in-stream water right.
Section 537.385 - Extension of irrigation season; rules; limitations.
Section 537.400 - Reservoir permits.
Section 537.405 - Exempt reservoirs; written notification to department; injury to other users.
Section 537.455 - Definitions for ORS 537.455 to 537.500 and 540.510.
Section 537.460 - Legislative findings; policy.
Section 537.463 - Applicability of ORS 537.455 to 537.500.
Section 537.465 - Application for allocation of conserved water; submission; required contents.
Section 537.480 - Rules; criteria for evaluating allocation and determining mitigation required.
Section 537.485 - Priority of right to use conserved water; choice of priority.
Section 537.490 - Use of conserved water; notice of dispensation of right to use.
Section 537.495 - Receipt by state agency or political subdivision of right to use conserved water.
Section 537.500 - Legal status of conserved water right.
Section 537.515 - Definitions for ORS 537.505 to 537.795 and 537.992.
Section 537.532 - Injection of ground water into aquifers; standards.
Section 537.545 - Exempt uses; map; filing of use; fee; rules.
Section 537.622 - Contested case hearing; parties; issues.
Section 537.625 - Final order; appeal; contents of permit.
Section 537.626 - Exceptions to final order; modified order.
Section 537.629 - Conditions or limitations to prevent interference with other users.
Section 537.635 - Assignment of application, certificate of registration or permit.
Section 537.670 - Determination of rights to appropriate ground water of ground water reservoir.
Section 537.685 - Findings of fact and order of determination.
Section 537.730 - Designation of critical ground water area; rules; notice.
Section 537.735 - Rules designating critical ground water area.
Section 537.743 - Program to remediate certain domestic water wells.
Section 537.744 - Domestic Well Remediation Fund.
Section 537.745 - Voluntary agreements among ground water users from same reservoir.
Section 537.747 - Water well constructor’s license; rules; fees.
Section 537.750 - Examination for license.
Section 537.753 - Bond or letter of credit; landowner’s permit and bond; fee.
Section 537.762 - Report of constructor before beginning work on well; rules; fees.
Section 537.763 - Water Resources Department Operating Fund.
Section 537.767 - Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund.
Section 537.772 - Pump tests; report; rules for waiver.
Section 537.775 - Wasteful or defective wells; permanent abandonment of old well.
Section 537.777 - Regulation of controlling works of wells and distribution of ground water.
Section 537.780 - Powers of Water Resources Commission; rules; limitations on authority.
Section 537.781 - Applying for injunction to address violation or potential violation.
Section 537.787 - Investigation of violation of ground water laws; remedies for violation.
Section 537.789 - Well identification number.
Section 537.791 - Request for well identification number.
Section 537.796 - Rules regarding low temperature geothermal appropriations.
Section 537.798 - Water right examiner certificate; regulation of profession; rules; fees.
Section 537.799 - Survey for issuance of water right certificate.
Section 537.800 - Waste, spring and seepage waters; laws governing.
Section 537.801 - Definitions; findings.
Section 537.803 - Application proposing use of water outside of basin of origin; contents.
Section 537.805 - Processing of application; hearing; action on application.
Section 537.855 - Domestic water supply district permitted to divert water out of state; conditions.
Section 537.880 - Policy; log requirement; reporting.
Section 537.885 - Licensing or registration required for drilling of geotechnical hole.
Section 537.890 - Report form; rules; fees.
Section 537.895 - Water Resources Department Geotechnical Fund.
Section 537.990 - Criminal penalties.
Section 537.992 - Civil penalties; schedule of penalties; rules.