2021 Oregon Revised Statutes
Chapter 537 - Appropriation of Water Generally
Section 537.765 - Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission.


(2) The commission shall provide acknowledgment to the constructor of receipt of a well log submitted under subsection (1) of this section within 120 days of receipt.
(3) Each log required under subsection (1) of this section shall be in a form prescribed by the commission and shall show:
(a) The name and post-office address of the owner of the well and the person or public agency performing or causing the performance of the work of constructing, altering, abandoning or converting the well.
(b) The location of the well by county tax lot number, township, range and section, and to the nearest quarter-quarter section or latitude and longitude as established by a global positioning system, or with reference to government survey corners or monuments or corners of recorded plats.
(c) The dates of commencement and completion of the work of constructing, altering, abandoning or converting the well.
(d) The depth, diameter and type of the well.
(e) The kind and amount of the casing and where placed in the well, including the number and location of perforations or screens.
(f) 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.
(g) 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.
(h) 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.
(i) The temperature of the ground water encountered and other characteristics of the ground water in detail as required by the commission.
(4) If required by the commission, the person, public agency or licensee referred to in subsection (1) of this section shall furnish to the commission samples of the ground water and of each change of formation in containers furnished and transportation expense paid by the commission.
(5) Not later than 120 days after a well log is submitted pursuant to this section, the Water Resources 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 person licensed under ORS 537.747 or permitted under ORS 537.753 (4) who submitted the well log that the review has been completed. [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]
Note 1: The amendments to 537.765 by section 11, chapter 610, Oregon Laws 2021, become operative July 1, 2022, and apply to well logs submitted on or after July 1, 2022. See section 24, chapter 610, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (1) 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 citizens, any person licensed under ORS 537.747, or any person or public agency constructing, altering, abandoning or converting a well, shall keep a log of each well constructed, altered, abandoned or converted and shall furnish a certified copy of the log to the Water Resources Commission within 30 days after the completion of the construction, alteration, abandonment or conversion.
(2) The commission shall provide acknowledgment to the constructor of receipt of a well log submitted under subsection (1) of this section within 120 days of receipt.
(3) Each log required under subsection (1) of this section shall be in a form prescribed by the commission and shall show:
(a) The name and post-office address of the owner of the well and the person or public agency performing or causing the performance of the work of constructing, altering, abandoning or converting the well.
(b) The location of the well by county tax lot number, township, range and section, and to the nearest quarter-quarter section or latitude and longitude as established by a global positioning system, or with reference to government survey corners or monuments or corners of recorded plats.
(c) The dates of commencement and completion of the work of constructing, altering, abandoning or converting the well.
(d) The depth, diameter and type of the well.
(e) The kind and amount of the casing and where placed in the well, including the number and location of perforations or screens.
(f) 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.
(g) 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.
(h) 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.
(i) The temperature of the ground water encountered and other characteristics of the ground water in detail as required by the commission.
(4) If required by the commission, the person, public agency or licensee referred to in subsection (1) of this section shall furnish to the commission samples of the ground water and of each change of formation in containers furnished and transportation expense paid by the commission.
Note 2: The amendments to 537.765 by section 12, chapter 610, Oregon Laws 2021, become operative July 1, 2023. See section 27, chapter 610, Oregon Laws 2021. The text that is operative from July 1, 2023, 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 3: 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 on and after 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 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.
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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 537 - Appropriation of Water Generally

Section 537.040 - Registration of water for road construction, maintenance or reconstruction; fee; annual renewal statement; limitations; rules.

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 537.135 - Permit required to appropriate water for recharging ground water sources; minimum perennial streamflow required for permit; exception.

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 537.142 - Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program.

Section 537.143 - Limited license to use or store surface or ground water or to use stored water; 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 537.150 - Filing of application; determination of completeness; initial review; preliminary determination; notice; public comments; fees.

Section 537.153 - Review of application; proposed final order; presumption that use will not impair or be detrimental to public interest; standing; protest; final order; contested case hearing.

Section 537.160 - Approval for beneficial use; agreement authorizing use of ditch for waste or seepage water.

Section 537.170 - Contested case hearing on application; final order; appeal.

Section 537.173 - Exceptions to final order; modified order.

Section 537.175 - Time limit for issuing final order or scheduling contested case hearing; applicant request for extension.

Section 537.190 - Terms and conditions of approval; municipal water supplies; release of stored water.

Section 537.211 - Issuance of permit if application approved; contents of permit; effect; rejection of application; change in permit terms.

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 537.230 - Time allowed for construction of irrigation or other work; extension; survey; map; requirements for supplemental water right.

Section 537.240 - Federal permit; time for obtaining; cancellation; time for beginning and completing work.

Section 537.248 - Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension.

Section 537.249 - Election to have proposed reservation considered as application for permit or rulemaking proceeding.

Section 537.250 - Water right certificate; issuance; inclusion of land not described in permit; recordation; duration of rights.

Section 537.252 - Certificate issued for land not described in permit; notice.

Section 537.260 - Cancellation of permit for failure of proof of completion of appropriation; issuance of limited certificate; contest of issuance of certificate; exception for municipalities.

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 537.295 - Cancellation of permit when holder fails to continue to qualify as municipal applicant.

Section 537.297 - Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant.

Section 537.299 - Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare.

Section 537.310 - Acquisition of water rights for railway purposes; certificates.

Section 537.330 - Disclosure required in real estate transaction involving water right; exception; delivery of available permit, order or certificate; effect of failure to comply.

Section 537.332 - Definitions for ORS 537.332 to 537.360.

Section 537.334 - Findings.

Section 537.336 - State agencies authorized to request in-stream water rights; agreement required when supply is stored water.

Section 537.343 - Proposed final order; conditions.

Section 537.346 - Conversion of minimum perennial streamflows to in-stream water rights; special provisions for Willamette Basin.

Section 537.348 - Purchase, lease or gift of water right for conversion to in-stream water right; priority dates; split use.

Section 537.350 - Legal status of in-stream water right.

Section 537.356 - Request for reservation of unappropriated water for future economic development; priority date of reservation.

Section 537.358 - Rules for reservation for future economic development; application for use of reserved water.

Section 537.385 - Extension of irrigation season; rules; limitations.

Section 537.395 - Public recapture of water power rights and properties; no recapture of other rights.

Section 537.400 - Reservoir permits.

Section 537.405 - Exempt reservoirs; written notification to department; injury to other users.

Section 537.407 - Water right certificate for reservoirs existing before January 1, 1993; injury to other users; conversion of prior application to notice of exemption.

Section 537.409 - Alternate permit application process for qualifying reservoirs; injury to existing users or fishery resources; public interest review; rules.

Section 537.410 - Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit; irrigation districts, municipalities and public utilities excepted.

Section 537.445 - Hearing upon proposal to cancel permit or appropriation; cancellation suspended pending review.

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 537.470 - Allocation of conserved water by commission; criteria; percentage to state; certificates showing change in original water right.

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 537.525 - Policy.

Section 537.532 - Injection of ground water into aquifers; standards.

Section 537.534 - Rules for permitting and administering aquifer storage and recovery projects; limited license for test program; fees.

Section 537.535 - Unlawful use or appropriation of ground water, including well construction and operation.

Section 537.545 - Exempt uses; map; filing of use; fee; rules.

Section 537.605 - Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595; registration statement.

Section 537.610 - Recording registration statement; issuing certificate of registration; effect of certificate; rules; fees.

Section 537.615 - Application for permit to acquire new right or enlarge existing right to appropriate ground water; plans and drawings.

Section 537.620 - Determination of completeness of application; initial review; preliminary determination; notice; public comments.

Section 537.621 - Review of application; proposed final order; presumption; rebuttal; findings and conclusions; flow rate and duty; standing; protest; final order; contested case hearing.

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 537.627 - Time limit for issuing final order or scheduling contested case hearing; extension; writ of mandamus.

Section 537.628 - Terms; conditions; time limit for issuing final order after contested case hearing.

Section 537.629 - Conditions or limitations to prevent interference with other users.

Section 537.630 - Time allowed for construction work under permit; extension; certificate of completion; survey; ground water right certificate; requirements for supplemental water right.

Section 537.635 - Assignment of application, certificate of registration or permit.

Section 537.665 - Investigation of ground water reservoirs; defining characteristics and assigning names and numbers.

Section 537.670 - Determination of rights to appropriate ground water of ground water reservoir.

Section 537.675 - Determination of rights in several reservoirs or of critical ground water area in same proceeding.

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 537.742 - Contested case proceeding to limit use of ground water in 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 537.746 - Mitigation credits for projects in Deschutes River Basin; relationship to water made available; rules; annual report.

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 537.765 - Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission.

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 537.783 - Reinjection of geothermal fluids; rules and standards; water pollution control facilities permit.

Section 537.785 - Fees.

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 537.810 - Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions.

Section 537.835 - City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek.

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.