OWRD Agrees to Address Well Alteration Concerns

The Oregon Water Resources Department (OWRD) committed to initiate a rulemaking to address concerns by well drillers and contractors over potential liability for well alterations under current OWRD policy.

OWRD’s historic policy allowed well alterations without automatically requiring that the entire well be brought up to current construction standards.  However, recent Department policy now requires a contractor undertaking a well alteration to either bring the entire well up to code or submit a “Special Standard” for the Department to consider.   This policy shift has prevented contractors from performing certain well alterations for fear of taking on liability for contamination risks of the entire well, irrespective of the scope of the alteration performed. 

In attempt to remedy this problem, Schroeder Law Offices drafted a petition for rulemaking on behalf of the Oregon Ground Water Association (OGWA) that proposed to allow well alterations without requiring well constructors to address the well’s overall compliance with construction standards.  It would have also limited liability for well alterations to the work actually performed, rather than the entire well.  While the Commission denied the petition in a meeting in Burns on May 30, OGWA member testimony from Floyd Sippel and Paul Christensen helped persuade the Commission to require that OWRD draft a rule addressing OGWA’s concerns for approval at the fall Water Resources Commission meeting.

Department staff initially informed the Commission of their intention to begin drafting a rule that would be adopted no earlier than 2009.  However, it was clear that well drillers’ testimony concerned the Commission, prompting the OWRD Director, Phil Ward to suggest a timeline that will hopefully result in rule before the end of the year.

Interested parties should expect the Department to issue a notice of rulemaking sometime this summer.  Further comment by OGWA and others will likely be necessary to ensure that contractors are protected.