Domestic Wells Statutes (ORS), Administrative Rules (OAR), and Rulemaking Activity
This page has information on rulemaking activities related to the Oregon Domestic Well Safety Program. This includes proposed rules released for public comment, current and past rulemaking advisory committee (RAC) activities, and how members of the public may apply to serve on future RACs.
Rulemaking Advisory Committees
RACs are an important process - they allow members of the public and communities to provide input and suggestions during the development of new rules or amendments to current rules. Anyone interested in serving on a future RAC related to domestic well safety regulations can find information about how to apply under 'General Interest in Participating in Rulemaking Advisory Committees'
at the bottom of this page. More information about the structure of RAC process can be found below:
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RAC meetings are not subject to the public meetings law. Members of the public may attend in-person or virtually to listen to the dialogue (see agenda for meeting link), but may not participate or offer public comment during the meeting.
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Members of the public may submit comments or questions at the end of the RAC meeting to
domestic.wells@odhsoha.oregon.gov, and information will be shared with appropriate staff and RAC members.
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After the RAC process has concluded, information will be posted on this page under "Proposed Rules Out for Public Comment," including the time and location of public hearing and the deadline for providing comments.
Current Rulemaking Advisory Committees
The following rulemaking advisory committees (RACs) are either currently active, in the recruitment phase, or have been completed:
OAR 333-061 – Landlord Testing of Domestic Wells in Groundwater Management Areas (GWMA)
- Rules are being drafted in response to passage of HB 3525 (2025) - ORS 90.321. The RAC member application process has
closed.
- Private wells are not required to receive regular well testing for contaminants, so renters of dwelling units may use water with contaminants such as arsenic, lead, E. coli, or nitrates without knowing the risks. The rules require landlords to test the well water on a set schedule, share the results with tenants, and have the results sent to OHA directly from the laboratory. This gives renters clear information about their drinking water, supports the health of families in areas with potential groundwater contamination, and helps the landlords monitor water quality in places where contamination is higher.
Meeting Date(s), Agendas, and Notes
Proposed Rules for Public Comment
The Oregon Health Authority (OHA) Public Health Division is proposing to adopt permanent rules in OAR chapter 333, division 61 and permanently amend rules in OAR chapter 333, division 64 in order to implement
HB 3525 passed during the 2025 Oregon legislative session (Oregon Laws 2025, chapter 574).
The
Notice of Proposed Rulemaking is available online.
These proposed rules help protect renters who drink and cook with water from private wells and reside in a groundwater quality management area designated by the Oregon Department of Environmental Quality (DEQ). There are currently 3 groundwater quality management areas in Oregon: the Lower Umatilla Basin, Northern Malheur County, and Southern Willamette Valley. These rules would apply if, in the future, DEQ designates a new area within the state.
Private wells do not receive regular testing, and water from private wells is not regulated under the federal Safe Drinking Water Act. Because of this, tenants may use water with harmful contaminants such as arsenic, lead, E. coli, total coliform, or nitrate without knowing they are at risk. The proposed rules require landlords to use an accredited laboratory to test the well water on a set schedule, share the results with tenants, and have the results sent to OHA directly from the laboratory. This gives renters clear information about their drinking water, supports the health of families in areas with identified groundwater contamination, and helps the landlords monitor water quality in places where contamination is higher.
You are invited to
review and comment on the proposed rules. There are 2 options for providing your comments: