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

Evidence of Water Rights

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

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

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

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