Oregon State University
Oregon State University

Laws

This section includes:

  • An overview of the main state and federal laws related to groundwater in Oregon
  • Information about the programs related to these laws
  • Pointers on how you as a citizen are affected by a particular law, rule, or program (in "What this means to you" boxes)
  • Sources of more information related to groundwater regulations

State laws often give authority to agencies to develop the rules necessary to carry out the law. In Oregon, Oregon state laws are codified in the Oregon Revised Statutes (ORS). Official rules are called Oregon Administrative Rules (OAR) and carry legal weight under state authority.

Throughout this section, references are made to the laws (ORS) or rules (OAR) for those who want access to original documents. These documents are available from the agencies involved or through the links on this Web page.

Regulations continue to evolve over time. Laws are amended, and rules are modified. Before relying on the information in this section, verify that it is current by contacting the agency with primary responsibility for the law or rule.

See the Agencies section for descriptions of each agency's role in carrying out the various laws and rules, as well as contact information. The Permits table summarizes groundwater-related permits in Oregon.

Oregon Water Rights Act

What does the law cover?

This law specifies who has the right to use water in Oregon. Its guiding principles are as follows:

  • All water in Oregon is public.
  • The state can give landowners the right to use the water for beneficial purposes.
  • When there is a shortage of water, those who first asked for the right to use it have first claim to the water--"first in time, first in right."

Oregonians are required to have a water right to use groundwater except for:

  • Stock watering
  • Irrigation of lawns or noncommercial gardens of no more than 0.5 acre
  • Domestic uses of no more than 15,000 gallons per day
  • Commercial uses of no more than 5,000 gallons per day

History of the law

The law specifying who has the right to use water in Oregon originated with the Water Law of 1909, often referred to as the Oregon Water Code, which primarily dealt with surface water uses. Until 1955, groundwater was covered by the law only in some situations in eastern Oregon. The law was extended to include groundwater in 1955, and there have been many other changes and additions through the years. The body of law that makes up the "Water Rights Act" is described in the Oregon Revised Statutes at ORS 537.010.

In-stream Water Rights and Groundwater

A recent (1987) addition to the law is in-stream water rights. This term refers to water that has been allocated to remain in the stream to maintain adequate water for any of the following:

  • Fish habitat
  • Overall ecosystem function
  • Recreation
  • Other non-consumptive uses of the stream

Groundwater contributes significantly to stream flows by adding water during the dry season and by cooling the stream, making it more suitable as fish habitat. Wells within 0.25 mile of the stream are considered to interact with stream flow when water rights are considered.

For more information

An Online Introduction to Oregon's Water Law and Water Rights System

 

Oregon Water Resources Department - Water Rights

Groundwater Act of 1955

What does the law cover?

The Groundwater Act gives Oregon Water Resources Department (WRD) the authority to appropriate groundwater and assign priority for its use. The law also requires WRD to regulate well construction standards.

Underground water may be withdrawn for beneficial uses without waste, as long as reasonably stable groundwater levels are maintained. If groundwater levels are being depleted, withdrawals must be controlled. WRD has the authority to restrict use by designating a Groundwater Limited Area or a Critical Groundwater Area.

  • In Groundwater Limited Areas, restrictions are put on future uses of groundwater.
  • In Critical Groundwater Areas, water rights may be reduced, or preferences can be given to certain types of uses.

The specific requirements for each restricted area are described in Oregon Administrative Rules along with other water-related regulations for each major river basin.

The red areas indicate areas where groundwater use is restricted.

image showing restricted groundwater use

 

What this means to you

There are six designated Critical Groundwater Areas (CGWA) in Oregon:

  • Ordnance CGWA, Butter Creek CGWA, and Stage Gulch CGWA all in the Hermiston area
  • Cooper Mountain-Bull Mountain CGWA in the Beaverton-Tualatin area
  • Cow Valley CGWA in Northern Malheur County
  • The Dalles CGWA in Wasco County

If you live in any of these areas, there might be restrictions on groundwater use.

Additional areas, mainly in the mid- to lower Willamette Valley are designated as Limited.

Your local Watermaster or the State office of the Oregon Water Resources Department can tell you whether there are restrictions on groundwater use in your community.

For more information

The specific rules for each groundwater-restricted area are available on the WRD Web site under the listing of Oregon Administrative Rules related to Water Law.Once you access this site, scroll down to the "Basin Program" for the area of interest. Then skim through that OAR until you find the references to groundwater.

A Consumer's Guide to Water Well Construction, Maintenance and Abandonment

Groundwater management area Sometimes this term is used to refer to Limited or Critical areas. This should not be confused with the official designation of a Groundwater Management Area by the Oregon Department of Environmental Quality.

 

Federal Safe Drinking Water Act

What does the law cover?

The Safe Drinking Water Act (SDWA) requires that standards be set for the quality of drinking water from public systems and calls for programs to protect drinking water source areas.

History of the law

The Safe Drinking Water Act (SDWA) was passed in 1974 to help ensure that drinking water from public water systems did not adversely affect public health. The original act mainly addressed water treatment needs and it required the U.S. Environmental Protection Agency (EPA) to set standards for maximum contaminant levels (MCL) in public drinking water supplies. By 1986, an MCL had been established for 34 contaminants.

SDWA was amended in 1986 and 1996 to include measures to prevent pollution of the sources of drinking water.

The 1986 amendments required:

  • EPA to set the MCL for additional compounds
  • States to develop a wellhead protection program to protect drinking water sources from contaminants that might adversely affect human health

The 1996 amendments to SDWA required states to:

  • Develop source water protection programs for public water systems using water from surface water sources as well as groundwater sources. In Oregon, this led to the development of the Drinking Water Protection Program.
  • Provide additional technical assistance to water systems working on plans to protect their source of drinking water.

Drinking water standards

The SDWA requires EPA to set standards for maximum contaminant levels (MCL) in public drinking water supplies. By 1998, MCLs had been set for 90 contaminants.

In Oregon, public water suppliers must report results of tests for contaminants regulated by the SDWA to the Health Division and issue a report on drinking water quality to customers once a year.

What this means to you If there is a public drinking water system in your area that uses groundwater, you have a good source of data about the quality of that groundwater.

Programs to protect drinking water sources

In response to the SDWA of 1986, Oregon developed a Wellhead Protection Program. After the amendments to SDWA in 1996, it was expanded into the Drinking Water Protection Program managed jointly by the Department of Human Services Drinking Water Program (DHS-DWP) and DEQ. For water systems using groundwater, the agency roles are as follow:

  1. Around each well, DHS-DWP geologists identify the area that lies directly above the groundwater that is pumped by that well. This is called delineating the drinking water protection area.
  2. DEQ staff identifies potential contamination sources within the wellhead protection area.
  3. DHS-DWP then analyzes the susceptibility of a groundwater supply to these contamination sources and produces a drinking water assessment report.

With the assessment report in hand, water systems are encouraged to complete a Drinking Water Protection Plan detailing steps they will take to prevent contamination of their water supply. The development of the protection plan is voluntary. It is the responsibility of the water system, working with the community they serve.

What this means to you

 

Limited technical assistance is available from DEQ and DHS-DWP for water systems developing Drinking Water Protection Plans. Water systems that express an interest in protecting their drinking water source are more likely to be given priority for attention.

You don't have to wait for your water system or state agencies to begin the process. Since the development of Drinking Water Protection Plans is the responsibility of the local water system, someone, or a group of people, in the community needs to take responsibility for it.

If you are a water system customer, you have a voice. You can learn about the planning process, initiate local involvement in the process, and even get involved in on-the-ground work. The agencies involved encourage community involvement; in fact, law mandates it.

Other Safe Drinking Water Act Programs

State law also covers some programs originally created under the Safe Drinking Water Act. See the section on Oregon's Water Pollution Control Laws for details.

For more information

Oregon's Drinking Water Protection Program

Public Water System Data

 

Oregon's Public Water System Law

What does the law cover?

This law gives the Department of Human Services Drinking Water Program authority for regulating public drinking water systems and is found in ORS Chapter 448. Four aspects of this law have particular relevance to groundwater management:

  • Public water systems must sample their water supplies periodically for contaminants. If contaminants are found in groundwater, OHD reports these data to DEQ for consideration as a potential Groundwater Management Area (Section 150).
  • The Health Division has authority to declare an area of groundwater concern if they discover contaminants in groundwater suspected to be at least in part from non-point sources (Section 268)
  • Private drinking-water wells must be tested for nitrate and coliform at the time of a real estate transfer. OHD also may require additional tests for specific contaminants in areas of groundwater concern or in Groundwater Management Areas (Section 271, enacted in 1989).
  • OHD is designated as the responsible agency for the administration of the Federal Safe Drinking Water Act in Oregon, and details of the Act's administration are delineated (Section 273).

What this means to you

This law provides for two valuable sources of information about groundwater in your community:

  • If any public drinking water systems in your vicinity get their water from groundwater, the results of their periodic testing can be very useful in determining whether there are contaminants in the groundwater. This data is available from the Department of Human Services Drinking Water Program.
  • The second source of information is from the real estate transfer data. There should be test results on file for nitrate and coliform from all rural home sales since 1990.

These two data sets can give you an idea of local groundwater characteristics.

For more information

Oregon's Drinking Water Protection Program

Public Water System Data

Department of Human Services Drinking Water Program

 

Oregon's Groundwater Quality Protection Act

What does the law cover?

According to this law: "The Legislative Assembly declares that it is the goal of the people of the State of Oregon to prevent contamination of Oregon's ground water resource while striving to conserve and restore this resource and to maintain the high quality of Oregon's ground water resource for present and future uses." Programs developed under the Groundwater Quality Protection Act primarily focus on area-wide contamination resulting from non-point source pollution of groundwater.

Oregon's law is considered to be one of the best in the nation for protecting groundwater. It does the following:

  • Establishes DEQ as the coordinating agency for groundwater management.
  • Spells out the procedure for establishing Maximum Measurable Levels (MML) of contaminants in Oregon's groundwater.
  • Establishes a groundwater monitoring and assessment program.
  • Defines a program to address areas where groundwater contamination is identified.
  • Requires DEQ to report to the Legislature in January of every odd-numbered year. These provide a thorough review of groundwater conditions and program activities within the state.

In addition to data collected from private wells, water quality test results reported to the Oregon Health Division from public water systems are used to help determine the overall quality of groundwater in an area.

What this means to you

DEQ might have a groundwater quality report for your area. Even if a written report is not available, staff at DEQ can provide updates on what is known and on plans for future studies.

 

Groundwater Management Area

 

If DEQ or DHS finds an area with groundwater contamination that is suspected to be, at least in part, the result of non-point source pollution activities, they must declare an area of groundwater concern. (As of December 2006, there are no officially declared areas of groundwater concern in Oregon.)

Agencies must then focus research and public education in the area. DEQ or OHD will appoint a groundwater management committee and assist them in developing a local action plan to address the issues that resulted in the declaration of the area of concern.

DEQ must declare a Groundwater Management Area (GWMA) if it is confirmed that the suspected non-point source activities have resulted in groundwater that contains either:

Nitrate at 70 percent of the MML (for nitrate the MML is 10 ppm, so the action level is 7 ppm) or

Any other contaminant at 50 percent of the MML

If a Groundwater Management Area is declared, DEQ will establish a local GWMA committee made up of affected citizens and other interested parties. The committee will advise state agencies who are required to develop and implement an action plan that will reduce groundwater contamination in the area.

What this means to you

In 1989-1990, two groundwater management areas were declared:

  • The Lower Umatilla Basin (LUB-GWMA)
  • North Malheur County (NMC-GWMA)

If you live in either of those areas, call your local DEQ office to find out more about your groundwater action plan and how to get involved.

DEQ announced a third Groundwater Management Area in the Southern Willamette Valley between Eugene and Albany in May 2004.

What is non-point source pollution?

Non-point source pollution comes from many individual activities rather than a single point such as a factory. Farms, forests, gardens, and city streets all contribute non-point source pollution.

 

Oregon's Water Pollution Control Laws

 

What do the laws cover?

These laws give the Oregon Department of Environmental Quality (DEQ) the authority to issue permits, establish water quality standards, certify hydroelectric projects, and establish groundwater quality protection programs. The sections associated with groundwater include:

History of the laws

Oregon has maintained programs for identifying and correcting water quality problems since 1938. Oregon's water pollution control laws concentrate on protecting the "beneficial uses" of Oregon's surface water, such as fish habitat, drinking water, and recreation, and on maintaining and improving the quality of Oregon's groundwater. The Water Pollution Control Laws can be found in the Oregon Revised Statutes, Chapter 468B Sections 005-190 (ORS 468B).

Water pollution discharge permits

DEQ operates two wastewater discharge permit programs. These permits deal with point source pollution - the direct discharge of wastewater from a single location.

If required, a public notice is given prior to issuing a new permit or renewal of an existing permit. A public hearing may be held if the proposed permit covers a new discharge or there is considerable public interest. Public notices are posted on DEQ's Web site.

DEQ maintains a searchable database that contains information on all of its WPCF and NPDES permitted facilities.

 

What this means to you

  • You can search the wastewater permit database for potential sources of groundwater contamination in your community.
  • You can request information about the permitted facility from DEQ.
  • You may voice your concerns about a wastewater discharge at a permit hearing.

Groundwater Quality Protection Rules

The Groundwater Quality Protection Rules were adopted in 1989 and can be found in OAR Chapter 340, Division 40.The rules follow an "antidegradation policy to emphasize the prevention of groundwater pollution and to control waste discharges to groundwater so that the highest possible water quality is maintained."

The Division 40 Rules give a framework for groundwater quality protection from point source discharges that need a permit. (Recall that groundwater contamination from non-point sources is addressed by the Groundwater Quality Protection Act.)

Oregon's rules for Wellhead Protection, as required by the Federal Safe Drinking Water Act, also are included in the Division 40 Groundwater Rules.

Underground Injection Control Rules

Structures or practices that are intended to introduce fluids below ground have the potential to introduce contamination to groundwater. These structures are referred to as injection wells. Examples include:

  • Drywells
  • Sumps
  • Stormwater wells

The intent of the Underground Injection Control (UIC) program is to protect groundwater aquifers used for drinking water from contamination. All groundwater aquifers in Oregon are considered suitable as drinking water and thus fall under this program.

DEQ administers the Underground Injection Control Program (UIC) in Oregon, as mandated under the federal Safe Drinking Water Act under OAR Chapter 340, Division 44.

Injection wells must be registered, and DEQ must receive assurance that the structure will not contaminate drinking water supplies. There are many types of injection wells, and their risks for contamination vary greatly, so the rules are complex.

For more information on the UIC Program visit DEQ's Underground Injection Control Program Web site.

On-site Sewage Disposal Rules

Persons who plan to build an on-site sewage disposal system (septic system) must obtain a Construction-Installation Permit or a Water Pollution Control Facility Permit before construction. Rules regulating on-site sewage disposal can be found in OAR, Chapter 340, Division 71.

On-site systems must obtain a WPCF permit if the system:

  • Has a projected daily sewage flow greater than 2,500 gallons, or
  • Handles sewage with a greater strength than residential wastewater, or
  • Uses a technology identified by DEQ as warranting regulation.

On-site sewage disposal systems that do not require WPCF permits still must obtain Construction-Installation Permits.

More information on the On-site program can be found on DEQ's On-site Program Web site.

Agricultural Water Quality Act

 

What does the law cover?

The act provides for the Oregon Department of Agriculture (ODA) to be the lead state agency working with agriculture to address water pollution.

History of the law

In 1993, the Oregon Legislature passed Senate Bill 1010 (ORS 568.900 - 568.933) or the Agricultural Water Quality Management Act. The act authorized ODA to develop a water quality management plan for any agricultural or rural area whenever such a plan is required by state or federal law. In 1995, the Oregon Legislature passed Senate Bill 502 (ORS 561.191) which stipulates that ODA "shall develop and implement any program or rules that directly regulate farming practices that are for the purpose of protecting water quality..." Other Oregon Revised Statutes (ORS) referenced in ODA's water quality program are ORS 468B.025 through 468B.050.