Oregon Legislature Considers Changes to Exempt Well Rules: House Bill 3661

During the 2010 Special Session of the Oregon Legislature, the House Committee on Environment and Water is considering House Bill 3661.  This Bill proposes to change the current ground water exemption statute: ORS 537.545.  Under the Bill, exempt well water use for single domestic purposes would be limited to an amount not more than 5,000 gallons per day.  Currently, the law allows exempt use of 15,000 gallons per day for “single or group domestic purposes.”

The current law allows for an additional separate exemption, “watering any lawn or noncommercial garden not exceeding one-half acre . . .”  Under the proposed legislation, the associated gallon per day limit (i.e. 5,000 gallons per day for single domestic purposes, 15,000 gallons per day for group domestic purposes or 5,000 gallons per day for industrial or commercial purposes) would include any water used for qualifying lawn or noncommercial gardens in addition to other consumption.  Exempt well users would no longer have the ability to stack the ground water exemptions to achieve a larger withdrawal.

Finally, the proposed legislation would allow the Water Resources Commission to require an otherwise exempt well water user to obtain a permit when the source of groundwater has been (1) classified pursuant to ORS 536.340 as to the highest and best use of the water resource, (2) withdrawn from appropriation under ORS 536.410, or (3) designated as a critical ground water area under ORS 537.730.

The amendments contained in HB 3661 would apply to exempt ground water uses under ORS 537.545 initiated on or after the effective date of the law.