OAR 333-061-0325: Domestic Well Tests

(1) In any transaction for the sale or exchange of real estate that includes a well that supplies ground water for domestic purposes, the seller of the real estate shall, upon accepting an offer to purchase that real estate, have the well water tested for arsenic, nitrate, and total coliform bacteria. If the well is in a designated area of public health concern, the Authority may require additional testing. (2) The seller, or seller’s designee, must submit the results of the required tests to the Authority and to the buyer within 90 days of receiving the results of the tests. (3) If the seller, or seller’s designee, fails to comply with sections (1) and (2) of this rule, this does not invalidate any of the documents needed to complete the sale of the real estate. (4) The seller, or seller’s designee, is responsible for making sure that the Authority’s Water Systems Data Sheet is completed and submitted to the Authority with copies of the arsenic, nitrate, and total coliform bacteria lab slips. (5) The Water Resources Department well identification number and a description of the property shall be entered on the water system data sheet for the seller to be considered in compliance with ORS 448.271. The description shall include township, range, section, street address, city, state and zip code. (6) The lab tests required by ORS 448.271 cannot be waived even if the buyer agrees not to have the well tested. (7) The lab tests for arsenic, nitrate, and coliform bacteria are considered valid for one year if they are associated with the sale of the property. (8) If the well is not on the property being sold, but the real property includes an interest to a well on adjacent property, including an easement, that interest would be considered part of the real property. Therefore the tests would be required. (9) ORS 448.271 only applies to wells that have been made operational to supply groundwater for domestic purposes. Capped domestic wells on unimproved lots are not required to be tested.