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 $350. 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; 2021 c.610 §8]
Note 1: The amendments to 537.762 (Report of constructor before beginning work on well) by section 9, chapter 610, Oregon Laws 2021, become operative July 1, 2023, and apply to specified information submitted to the Water Resources Department on or after July 1, 2023. See sections 26 and 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.
537.762 (Report of constructor before beginning work on well). (1) As used in this section:

(a)

“Licensed or permitted person” means a person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4).

(b)

“Start card” means a form containing all information required by the Water Resources Department as a notification that a licensed or permitted person will commence work on a well.

(2)

Each licensed or permitted person 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, not earlier than 60 days and not later than 72 hours before beginning work on the well, submit a start card to the department containing:

(a)

The name, telephone number, electronic mail address and post-office address of the owner of the well.

(b)

The approximate location of the well by county tax lot number, township, range, section and nearest quarter-quarter section.

(c)

The street address nearest to the proposed well.

(d)

The latitude and longitude of the well as established by a global positioning system.

(e)

The proposed depth and diameter of the well.

(f)

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

(g)

The time frame proposed for beginning and completing the construction, alteration, abandonment or conversion.

(h)

The time frame proposed for annular seal placement.

(i)

The well identification label number, if assigned.

(j)

The water right application, permit or certificate number, if applicable.

(k)

The original well log number, if applicable.

(L)

The type of work proposed.

(m)

Notification of any need for special standards.

(n)

The signature and license number, if applicable, of the bonded and licensed or permitted person who would undertake the work.

(o)

For an existing well, the current purpose or use of the well and the existing depth and diameter of the well.

(3)

The department shall furnish a convenient means for licensed or permitted persons to submit start card information under this section.

(4)

A separate start card is required for each well that is constructed, altered, abandoned or converted.

(5)

A start card submitted under 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 department, whichever is earlier. Nothing in this subsection prohibits the department from using a start card for enforcement actions during the period the start card is confidential.

(6)

On the date that work on the well commences, the licensed or permitted person shall, before commencing work, notify the department that the work is about to commence. If the proposed date of seal placement is not the date proposed on the start card required by this section, the licensed or permitted person shall notify the department of the change at least four hours before placing the seal.

(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 (2) of this section.

(8)

Unless the licensed or permitted person submitting a start card under this section has requested and received an extension, a start card expires if construction, alteration, abandonment or conversion of a well does not begin on or before 60 days after submission of the start card. If a start card expires, a new start card and fee must be submitted in compliance with this section before construction, alteration, abandonment or conversion of the well may occur. If a start card is withdrawn before expiring, the licensed or permitted person that submitted the start card may request that the fee paid for the withdrawn start card be transferred to a new start card.

(9)

The commission may establish by rule an exception to any time frame established in this section for areas requiring special standards and for any other purpose identified by the commission.

(10)

The requirement in subsection (2) of this section that a licensed or permitted person must submit a start card not later than 72 hours before beginning work on a well does not apply:

(a)

To a second or additional water well drilled on the same or a contiguous tax lot for the same landowner and for which a valid unexpired start card has been submitted pursuant to this section, if a start card for the second or additional water well is filed not later than the day the work on the water well begins.

(b)

During water emergencies or casing height adjustments, if a start card is submitted before work begins.

(11)

The Water Resources Director may, for good cause in exigent circumstances, waive any time frame established by this section.

(12)

Each start card submitted under 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 $350.

(13)

The moneys paid to the department under subsection (12) of this section shall be paid into the Water Resources Department Operating Fund. All interest, if any, from moneys received under subsection (12) of this section shall inure to the benefit of the 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.
Note 2: The amendments to 537.762 (Report of constructor before beginning work on well) by section 10, 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.
537.762 (Report of constructor before beginning work on well). (1) As used in this section:

(a)

“Licensed or permitted person” means a person licensed under ORS 537.747 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (4).

(b)

“Start card” means a form containing all information required by the Water Resources Department as a notification that a licensed or permitted person will commence work on a well.

(2)

Each licensed or permitted person 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, not earlier than 60 days and not later than 72 hours before beginning work on the well, submit a start card to the department containing:

(a)

The name, telephone number, electronic mail address and post-office address of the owner of the well.

(b)

The approximate location of the well by county tax lot number, township, range, section and nearest quarter-quarter section.

(c)

The street address nearest to the proposed well.

(d)

The latitude and longitude of the well as established by a global positioning system.

(e)

The proposed depth and diameter of the well.

(f)

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

(g)

The time frame proposed for beginning and completing the construction, alteration, abandonment or conversion.

(h)

The time frame proposed for annular seal placement.

(i)

The well identification label number, if assigned.

(j)

The water right application, permit or certificate number, if applicable.

(k)

The original well log number, if applicable.

(L)

The type of work proposed.

(m)

Notification of any need for special standards.

(n)

The signature and license number, if applicable, of the bonded and licensed or permitted person who would undertake the work.

(o)

For an existing well, the current purpose or use of the well and the existing depth and diameter of the well.

(3)

The department shall furnish a convenient means for licensed or permitted persons to submit start card information under this section.

(4)

A separate start card is required for each well that is constructed, altered, abandoned or converted.

(5)

A start card submitted under 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 department, whichever is earlier. Nothing in this subsection prohibits the department from using a start card for enforcement actions during the period the start card is confidential.

(6)

On the date that work on the well commences, the licensed or permitted person shall, before commencing work, notify the department that the work is about to commence. If the proposed date of seal placement is not the date proposed on the start card required by this section, the licensed or permitted person shall notify the department of the change at least four hours before placing the seal.

(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 (2) of this section.

(8)

Unless the licensed or permitted person submitting a start card under this section has requested and received an extension, a start card expires if construction, alteration, abandonment or conversion of a well does not begin on or before 60 days after submission of the start card. If a start card expires, a new start card and fee must be submitted in compliance with this section before construction, alteration, abandonment or conversion of the well may occur. If a start card is withdrawn before expiring, the licensed or permitted person that submitted the start card may request that the fee paid for the withdrawn start card be transferred to a new start card.

(9)

The commission may establish by rule an exception to any time frame established in this section for areas requiring special standards and for any other purpose identified by the commission.

(10)

The requirement in subsection (2) of this section that a licensed or permitted person must submit a start card not earlier than 60 days and not later than 72 hours before beginning work on a well does not apply:

(a)

To a second or additional water well drilled on the same or a contiguous tax lot for the same landowner and for which a valid unexpired start card has been submitted pursuant to this section, if a start card for the second or additional water well is filed not later than the day the work on the water well begins.

(b)

During water emergencies or casing height adjustments, if a start card is submitted before work begins.

(11)

The Water Resources Director may, for good cause in exigent circumstances, waive any time frame established by this section.

(12)

Each start card submitted under 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 $350. A start card shall be submitted to the department by electronic means, unless the department authorizes a different means of submission.

(13)

The moneys paid to the department under subsection (12) of this section shall be paid into the Water Resources Department Operating Fund. All interest, if any, from moneys received under subsection (12) of this section shall inure to the benefit of the 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.

Source: Section 537.762 — Report of constructor before beginning work on well; rules; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html.

537.010
Definition of “Water Rights Act.”
537.040
Registration of water for road construction, maintenance or reconstruction
537.090
Laws applicable to geothermal wells
537.095
Interference between geothermal well and other water appropriation
537.097
Verification of land ownership
537.099
Water use report from governmental entity
537.110
Public ownership of waters
537.120
Right of appropriation
537.130
Permit to appropriate water required
537.131
Reclaimed water
537.132
Exemption from permit requirement for use of reclaimed water
537.133
Permittee’s right to enter on forestland
537.135
Permit required to appropriate water for recharging ground water sources
537.139
Failure to obtain authorization for access to certain land
537.140
Application for permit
537.141
Uses of water not requiring water right application, permit or certificate
537.142
Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program
537.143
Limited license to use or store surface or ground water or to use stored water
537.144
Request for right to use water under limited license
537.145
Notice of filing of application to appropriate water for hydroelectric purposes
537.147
Permit to use stored water
537.150
Filing of application
537.153
Review of application
537.160
Approval for beneficial use
537.170
Contested case hearing on application
537.173
Exceptions to final order
537.175
Time limit for issuing final order or scheduling contested case hearing
537.190
Terms and conditions of approval
537.211
Issuance of permit if application approved
537.220
Assignment of application, permit or license
537.225
Full or partial assignment of water right permit
537.227
Protest of application to assign all or part of water right permit
537.230
Time allowed for construction of irrigation or other work
537.240
Federal permit
537.248
Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right
537.249
Election to have proposed reservation considered as application for permit or rulemaking proceeding
537.250
Water right certificate
537.252
Certificate issued for land not described in permit
537.260
Cancellation of permit for failure of proof of completion of appropriation
537.270
Conclusiveness of certificate
537.282
Definition of “municipal applicant.”
537.283
Procedure for applications to appropriate water for hydroelectric power
537.285
Municipal applicant may develop hydroelectric project jointly with private person
537.287
Rules for joint project of municipal applicant and private person
537.289
Conditions to be imposed on permit of municipal corporation or district
537.292
Conditions to be imposed on certificate of municipal corporation or district
537.295
Cancellation of permit when holder fails to continue to qualify as municipal applicant
537.297
Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant
537.299
Consequences of cancellation of permit or certificate if holder no longer municipal applicant
537.310
Acquisition of water rights for railway purposes
537.320
Entry on land for survey purposes, preliminary to appropriation and diversion of waters
537.330
Disclosure required in real estate transaction involving water right
537.332
Definitions for ORS 537.332 to 537.360
537.334
Findings
537.336
State agencies authorized to request in-stream water rights
537.338
Rules for state agency request for in-stream water right
537.341
Certificate for in-stream water right
537.343
Proposed final order
537.346
Conversion of minimum perennial streamflows to in-stream water rights
537.348
Purchase, lease or gift of water right for conversion to in-stream water right
537.349
Processing request for in-stream water right
537.350
Legal status of in-stream water right
537.352
Precedence of uses
537.354
In-stream water right subject to emergency water shortage provisions
537.356
Request for reservation of unappropriated water for future economic development
537.358
Rules for reservation for future economic development
537.360
Relationship between application for in-stream water right and application for certain hydroelectric permits
537.385
Extension of irrigation season
537.390
Valuation of water rights
537.395
Public recapture of water power rights and properties
537.400
Reservoir permits
537.405
Exempt reservoirs
537.407
Water right certificate for reservoirs existing before January 1, 1993
537.409
Alternate permit application process for qualifying reservoirs
537.410
Failure to commence or complete work, or to properly apply water, as grounds for cancellation of permit
537.420
Notice of hearing
537.440
Cancellation of permit
537.445
Hearing upon proposal to cancel permit or appropriation
537.450
Rules for proof as to work and use of water under permits
537.455
Definitions for ORS 537.455 to 537.500 and 540.510
537.460
Legislative findings
537.463
Applicability of ORS 537.455 to 537.500
537.465
Application for allocation of conserved water
537.470
Allocation of conserved water by commission
537.480
Rules
537.485
Priority of right to use conserved water
537.490
Use of conserved water
537.495
Receipt by state agency or political subdivision of right to use conserved water
537.500
Legal status of conserved water right
537.505
Short title
537.515
Definitions for ORS 537.505 to 537.795 and 537.992
537.525
Policy
537.531
Legislative findings
537.532
Injection of ground water into aquifers
537.534
Rules for permitting and administering aquifer storage and recovery projects
537.535
Unlawful use or appropriation of ground water, including well construction and operation
537.545
Exempt uses
537.575
Permits granted, approved or pending under former law
537.585
Beneficial use of ground water prior to August 3, 1955, recognized as right to appropriate water when registered
537.595
Construction or alteration of well commenced prior to August 3, 1955, recognized as right to appropriate water when registered
537.605
Registration of right to appropriate ground water claimed under ORS 537.585 or 537.595
537.610
Recording registration statement
537.615
Application for permit to acquire new right or enlarge existing right to appropriate ground water
537.620
Determination of completeness of application
537.621
Review of application
537.622
Contested case hearing
537.625
Final order
537.626
Exceptions to final order
537.627
Time limit for issuing final order or scheduling contested case hearing
537.628
Terms
537.629
Conditions or limitations to prevent interference with other users
537.630
Time allowed for construction work under permit
537.635
Assignment of application, certificate of registration or permit
537.665
Investigation of ground water reservoirs
537.670
Determination of rights to appropriate ground water of ground water reservoir
537.675
Determination of rights in several reservoirs or of critical ground water area in same proceeding
537.680
Taking testimony
537.685
Findings of fact and order of determination
537.690
Filing evidence, findings and determinations
537.695
Conclusive adjudication
537.700
Issuing ground water right certificate
537.705
Ground water appurtenant
537.720
Violation of terms of law or permit or certificate
537.730
Designation of critical ground water area
537.735
Rules designating critical ground water area
537.740
Filing rules designating critical ground water area
537.742
Contested case proceeding to limit use of ground water in critical ground water area
537.743
Program to remediate certain domestic water wells
537.744
Domestic Well Remediation Fund
537.745
Voluntary agreements among ground water users from same reservoir
537.746
Mitigation credits for projects in Deschutes River Basin
537.747
Water well constructor’s license
537.750
Examination for license
537.753
Bond or letter of credit
537.762
Report of constructor before beginning work on well
537.763
Water Resources Department Operating Fund
537.765
Log of constructing, altering, abandoning or converting well
537.766
Water Well Abandonment, Repair and Replacement Fund
537.767
Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund
537.769
Local regulation of wells and water well constructors
537.772
Pump tests
537.775
Wasteful or defective wells
537.777
Regulation of controlling works of wells and distribution of ground water
537.780
Powers of Water Resources Commission
537.781
Applying for injunction to address violation or potential violation
537.783
Reinjection of geothermal fluids
537.785
Fees
537.787
Investigation of violation of ground water laws
537.789
Well identification number
537.791
Request for well identification number
537.793
Effect of failure to comply with ORS 537.789 or 537.791
537.795
ORS 537.505 to 537.795 supplementary
537.796
Rules regarding low temperature geothermal appropriations
537.797
Criteria for certification of land surveyors, engineers and geologists to determine work completion
537.798
Water right examiner certificate
537.799
Survey for issuance of water right certificate
537.800
Waste, spring and seepage waters
537.801
Definitions
537.803
Application proposing use of water outside of basin of origin
537.805
Processing of application
537.809
Reservation of water in basin of origin
537.810
Diversion or appropriation of waters from basin of origin without legislative consent prohibited
537.820
Application of provisions to waters forming common boundary between states
537.830
Condemnation of waters for use outside basin of origin
537.835
City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek
537.840
Legislative consent
537.850
Suits to protect state interests
537.855
Domestic water supply district permitted to divert water out of state
537.860
Vested rights protected
537.870
Out-of-state municipalities
537.880
Policy
537.885
Licensing or registration required for drilling of geotechnical hole
537.890
Report form
537.895
Water Resources Department Geotechnical Fund
537.990
Criminal penalties
537.992
Civil penalties
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