Private Wells & Septic Addendums

Published on May 25, 2021

No Description

PRESENTATION OUTLINE

Private Wells & Septic Addendums

What We'll Cover

  • Recent changes to OREF forms
  • Laws Governing Wells & Septic Systems
  • Elements of Contract
  • Effect of Addendums

[Statute Screenshot]

Water Rights in Oregon

  • All water belongs to the public but may be "appropriated for beneficial use"
  • ORS 537.110
Photo by KyllerCG

Evidence of Water Rights

  • Decree
  • Certificate
  • Permit
  • (unless water comes from municipal supplier)
  • Typically excluded from title policy
Photo by bradford zak

Exemptions

  • Up to 5000 gallons w/o permit
  • Residential/Domestic Purposes up to 15000 gallons per day
  • Irrigation of up to 1/2 acre

Springs & Seepage

  • Water originates from spring or seepage on owners property
  • Water does not (and would not) run off the property
  • Generally exempt
  • ORS 537.800
Photo by Ian Sane

Domestic Wells in Oregon

  • Governed by RET/ORS 448.271
  • Requires sellers to test well upon accepting purchase offer
  • Submission to State and buyer w/in 90 days
  • Seller may appt. attorney, broker, or private party
Photo by teofilo

Well Identification Program

  • All wells drilled, altered, deepened, or converted
  • Began in 1996
  • ORS 537.789

Resources

Septic Systems

Testing & Inspecting

  • Only certified individuals and companies (OAR 340-071-0155)
  • MUST use Existing System Evaluation Report form