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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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WATER RESOURCES DEPARTMENT

 

DIVISION 190

EXEMPT GROUNDWATER USE RECORDING REQUIREMENTS

690-190-0005

Purpose and Applicability

(1) These rules describe the requirements under which the Oregon Water Resources Department will administer and enforce the provisions of ORS 537.545 relating to the recording of exempt groundwater use. Moneys from fees collected and deposited to the credit of the Water Resources Department Water Right Operating Fund shall be used for the purpose of evaluating groundwater supplies, conducting groundwater studies, carrying out groundwater monitoring, processing groundwater data and the administration and enforcement of ORS 537.545 and these rules.

(2) These rules apply to:

(a) Any owner of land on which a well is completed after July 22, 2009 to allow groundwater use for purposes that are exempt under ORS 537.545.

(b) Each new well that is completed or existing well that is converted to allow groundwater use for purposes that are exempt under ORS 537.545. This includes wells that are drilled to replace an existing well.

(3) These rules do not apply to:

(a) A well that is repaired, deepened, or altered.

(b) A water supply well that is permanently abandoned pursuant to OAR 690-220 within 30 days of well completion.

Stat. Auth.: ORS 536.027
Stats. Implemented: ORS 537.545
Hist.: WRD 6-2009, f. & cert. 11-23-09

690-190-0010

Definitions

(1) “Converting” has the same meaning as defined in ORS 537.515(3).

(2) “Department” means the Oregon Water Resources Department.

(3) “Director” means the Director of the Oregon Water Resources Department.

(4) “Recording ” means the filing of a map locating any new or converted well that is completed to allow groundwater use for purposes that are exempt under ORS 537.545, and the fee, in the amount established under 537.545, for each new or converted well that is completed.

(5) “Landowner” means the owner of land at the time a well(s) subject to these rules is completed.

(6) “Well Completion” means the end of construction date reported on the water

supply well report.

(7) “Well Identification Number” means the stamped well number on the stainless steel label that is attached to the well.

Stat. Auth.: ORS 536.027
Stats. Implemented: ORS 537.545
Hist.: WRD 6-2009, f. & cert. 11-23-09

690-190-0100

Recording Requirements

The landowner shall submit the following to the Department no later than 30 days after well completion:

(1) A tax lot map showing the location of the completed well, that includes:

(a) A map reference number (Township, Range and Section).

(b) Location of the completed well with distances (north/south and east/west) indicated from an identified property boundary, property corner or survey corner. Multiple wells may be shown on one tax lot map.

(c) Location of well(s) in relation to nearest driveway, access road and permanent structures.

(d) The direction of north marked on the map.

(e) Well Identification Number for each completed well.

(f) Street address of the completed well if available.

(2) A map submitted under a Department-approved electronic mapping program satisfies the requirements under section (1).

(3) A recording fee in the amount established under ORS 537.545.

Stat. Auth.: ORS 536.027
Stats. Implemented: ORS 537.545
Hist.: WRD 6-2009, f. & cert. 11-23-09

690-190-0200

Compliance and Enforcement

(1) If the Department determines that a landowner has not met the requirements of these rules, the Department shall notify the landowner of the specific nature of the requirements that have not been met.

(2) The Department shall, within 60 days of receipt of the map and fee, notify the landowner of the recording requirements that have not been met.

(3) Failure to meet the requirements of these rules may result in formal enforcement action(s). This action(s) may include:

(a) Establishing a specified time for bringing the landowner into compliance;

(b) Assessment of a civil penalty following procedures outlined in OAR 690-260 rules. Violations under these rules are considered as Class III Minor violations, or

(c) Any other action authorized by law.

Stat. Auth.: ORS 536.027 & 536.900
Stats. Implemented: ORS 537.545
Hist.: WRD 6-2009, f. & cert. 11-23-09

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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