ORS 537.765
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.

(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 (Water well constructor’s license) or permitted under ORS 537.753 (Bond or letter of credit) (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 (Log of constructing, altering, abandoning or converting well) 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.
537.765 (Log of constructing, altering, abandoning or converting well). (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.
Note 2: The amendments to 537.765 (Log of constructing, altering, abandoning or converting well) 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.
537.765 (Log of constructing, altering, abandoning or converting well). (1) As used in this section, “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).

(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 (Log of constructing, altering, abandoning or converting well) 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.
537.765 (Log of constructing, altering, abandoning or converting well). (1) As used in this section, “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).

(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 (Water well constructor’s license);

(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 (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)

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 (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, 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]
(Water Well Abandonment, Repair and Replacement)

Source: Section 537.765 — Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission, https://www.­oregonlegislature.­gov/bills_laws/ors/ors537.­html.

Notes of Decisions

Certified copy of well construction log filed with State Engineer is public record intended as representation to all affected parties. Handy v. Beck, 282 Or 653, 581 P2d 68 (1978)

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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