Log of constructing, altering, abandoning or converting well
- • furnishing samples to Water Resources Commission
(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 (Water well constructor's license), 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. [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]
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 four members appointed by the Water Resources Director as follows:
(a) Three persons from the well drilling industry licensed pursuant to ORS 537.747 (Water well constructor's license); and
(b) One person from the regulatory community.
(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 (Compensation and expenses of members of state boards and commissions).
(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) Three members of the committee constitute a quorum for the transaction of business. At least three members of the committee must approve all official actions or decisions of the committee. [2001 c.496 §2]
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 (Water well constructor's license), 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 (Water Resources Department Water Right Operating Fund), 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 (Water well constructor's license) (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, 2022. [2001 c.496 §7; 2007 c.221 §3; 2014 c.57 §1]
Note: Section 2, chapter 57, Oregon Laws 2014, provides:
Sec. 2. The amendments to section 7, chapter 496, Oregon Laws 2001, by section 1 of this 2014 Act revive sections 2 and 4, chapter 496, Oregon Laws 2001. This 2014 Act shall be operative retroactively to January 1, 2014, and the operation and effect of sections 2 and 4, chapter 496, Oregon Laws 2001, shall continue unaffected from January 1, 2014, to the effective date of this 2014 Act [March 13, 2014] and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under authority of sections 2 and 4, chapter 496, Oregon Laws 2001, on or after January 2, 2014, and before the effective date of this 2014 Act is ratified and approved. [2014 c.57 §2]
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