The purpose of this chapter is to require prior testing and approval of development in order to reasonably assure an adequate and safe water supply for all citizens of Josephine County. A related purpose is to determine the availability, impact, and water quality for the users of groundwater in Josephine County.
(2005 RLDC § 84.010)
This chapter shall apply to the following land divisions and uses when the owner/developer intends to use a groundwater source as a water supply. In addition, this section shall apply to newly constructed and existing wells as outlined in JCC § 19.84.070 and § 19.84.080. To implement this chapter, the following shall apply:
A. 
All subdivisions proposing one or more lots less than one acre in size shall successfully complete an aquifer test or a major pump test, as determined by the Water Resources Director, as a condition of final platting;
B. 
All land partitions creating one or more lots less than one acre in size shall successfully complete a major pump test or a minor pump test as determined by the Water Resources Director, as a condition of final platting;
C. 
New construction of planned unit developments shall successfully complete a major pump test or a minor pump test (for three units) as a condition of final platting;
D. 
New construction of RV parks shall successfully complete a major pump test or a minor pump test (for three units) as a condition of site plan review and prior to the issuance of a development permit;
E. 
Any change in the use of commercial or industrial zoned property, or a change in the use of any property to a commercial or industrial use, after the effective date of this title requiring more than 1,600 gallons per day total shall successfully complete a major or minor pump test, as determined by the Water Resources Director as a condition of site plan review and prior to the issuance of a development permit;
F. 
Any new well for institutional use, other than a replacement well, or a change in use of the property to an institutional use, requiring more than 1,600 gallons per day, shall successfully complete a major or minor pump test as determined by the Water Resources Director as a condition of site plan review and prior to the issuance of a development permit;
G. 
Any proposed land divisions in which a new well may threaten existing, properly constructed wells in documented water quantity problem areas, as shown on the official groundwater problem area map, shall successfully complete a major or minor pump test and submit the results to the Review or Hearing Body prior to the dates set out in JCC § 19.30.020(A) and (B);
H. 
An application for a land use or a land division shall include a statement of intended water use signed by the applicant, and reviewed and signed by the Water Resources Department;
I. 
A land use or land division application which will require a state water use permit under ORS 537.545 may be required to conduct an aquifer test instead of a major or minor pump test. The following uses are exempt from this requirement:
1. 
Watering of livestock;
2. 
Watering any lawn or noncommercial garden not exceeding one-half acre in size;
3. 
Any single or group domestic purposes whose use will not exceed 15,000 gallons of water per day;
4. 
Downhole heat exchange;
5. 
Any single industrial or commercial purpose whose use will not exceed 5,000 gallons of water per day;
J. 
A water well permit shall be obtained prior to the commencement of any work for each of the following:
1. 
Construction of any well;
2. 
Alteration of any well;
3. 
Abandonment of any well.
(2005 RLDC § 84.020)
A. 
The standards in this chapter shall be administered as a part of a land use or land division application.
B. 
If the Water Resources Department has determined that a pump test has failed, and subsequent appeal to the Hearings Officer confirms failure, the land developer may appeal as follows:
1. 
The developer may hire a qualified geologist to consult with the County's geologist to work toward an acceptable solution;
2. 
If the County's geologist and developer's geologist cannot arrive at a solution acceptable to the developer, they may hire another consulting geologist acceptable to both parties to consult with on this matter. A majority decision by these three experts will become a final recommendation to the Water Resources Department;
3. 
The land developer is responsible for all costs other than the cost of the County's geologist.
(2005 RLDC § 84.030)
A. 
No person shall use groundwater or install a new water system utilizing a groundwater source for any land use or division specified in JCC § 19.84.020 without successfully completing a major pump test, a minor pump test, or an aquifer test.
B. 
Any subsequent uses, not specified on the application for a land use or land division, may not be covered by the test results or recommendations from the major pump test, the minor pump test or the aquifer test.
(2005 RLDC § 84.040)
The following objectives, standards, methods and procedures shall be utilized in conducting any testing required by this chapter:
A. 
Test Objectives. A major and minor pump test shall accomplish two or more of the following objectives:
1. 
Obtain sufficient data for the calculations of aquifer performance, including the coefficients of transmissivity and storage, specific yield, and hydraulic conductivity;
2. 
Determine the location and character of geologic boundaries;
3. 
Develop data concerning the effects of well interference;
4. 
Produce information that will ensure that sufficient groundwater of acceptable quality is available to serve the intended use.
B. 
Test Standard. The tests shall meet the following standards:
1. 
Aquifer Test. The test shall be designed and supervised by a qualified professional geologist who has first-hand knowledge of standard testing procedures. The test design must be approved by the Director of the Water Resources Department prior to beginning the test. When the test has concluded, a report shall be submitted to the Water Resources Department which details the conclusions and recommendations reached as a result of the test including whether there is adequate water and the potential for interference with other wells in the area;
2. 
Major Pump Test. The requirements specified in subsection (B)(3) of this section shall apply to the first three proposed dwelling units (five gpm/dwelling unit):
a. 
For any additional dwelling units proposed, the well(s) shall be capable of supplying 400 gallons per day per dwelling unit, in addition to existing uses, over a period of 12 hours;
b. 
If the well(s) for a development will not supply water at the quantity specified in subsection (B)(2)(a) of this section, the developer may test at a lesser amount provided the water systems are engineered and approved by the Oregon Health Division;
c. 
Well(s) proposed to supply water for industrial or commercial developments shall meet, or exceed, the estimated needs of the development;
3. 
Minor Pump Test. The test shall establish the proposed well(s) is (are) capable of supplying water at a minimum rate of five gallons per minute per proposed dwelling unit in addition to existing uses, even though during testing a greater amount may be observed:
a. 
If the proposed well(s) is (are) not capable of producing the minimum amount of water specified in subsection (B)(3) of this section, the developer has the option to drill a well on each lot to be created;
b. 
The wells drilled on each lot shall be capable of producing water at a minimum rate of three gallons per minute per proposed dwelling unit for four hours;
c. 
The method of testing must be approved by the Water Resources Department;
d. 
In addition, any well(s) being used for a commercial or industrial development shall be capable of supplying water to meet or exceed the estimated needs of the development;
4. 
For major and minor pump tests, the production well drawdown shall be as great as possible.
a. 
The pumping rate shall be approved by the Water Resources Department prior to the beginning of the test so that, where possible, a drawdown goal of at least 20 percent of the initial standing column of water is achieved;
b. 
In the case of unusually high capacity wells, the Water Resources Director may approve a lesser drawdown standard;
5. 
Any observation well shall not have the water level reduced to less than 25 percent of the initial standing water column;
6. 
All wells involved in a major or minor pump test shall be static with regard to water level at time of test start-up and, with the exception of the production well, shall be disconnected from the power source for the duration of the test;
7. 
Any observation well in which drawdown does not exceed 75 percent of the initial column of water shall have a recovery of, at least, 80 percent of the drawdown within 12 hours.
C. 
Procedures Prior to the Test.
1. 
The certified pump tester shall submit a preliminary report outlining the proposed test, including a map showing locations of all wells involved in the test, on a form supplied by the Water Resources Department, no later than 10 working days prior to the pump test;
2. 
At least 24 hours prior to the pump test, a pretest no less than one hour in length shall be conducted to determine well capacity and an adequate rate of flow for the test. At least three water level measurements shall be taken and recorded during the pretest. The first measurement shall be taken prior to pump start-up (well must be static); second during pumping; and third, just prior to pump shutdown;
3. 
For a major or minor pump test all wells shall be shut off no less than one hour prior to the test. At least three water level measurements, no less than 20 minutes apart, shall be taken on all wells prior to test start-up. All wells must be static before beginning the pump test;
4. 
A pretest information form, documenting pretest results, shall be submitted to the test supervisor, prior to the beginning of a major or minor pump test;
5. 
Prior to the test, the certified pump tester shall attempt to notify all property owners and occupants within a 500-foot radius of the proposed production well of the upcoming test, and that the property owner will have the opportunity to participate by volunteering their well as an observation well. The notice shall also include a request to curtail or restrict water use during the pump test. Notification shall be in writing, mailed or hand delivered. Initial contact may be by phone providing a follow up letter is delivered.
D. 
Test Standards and Procedure.
1. 
Major Pump Test. A major pump test shall be conducted using the well and pump, or a comparable pump, intended to accommodate whatever land uses are proposed:
a. 
A major pump test will be conducted, in the same manner as the minor pump test, except the test duration will be 12 hours minimum of pumping discharge;
b. 
The minimum acceptable amount to be pumped shall be determined as outlined in subsection (B)(2)(b) of this section;
c. 
The withdrawal of water during the test must be as great as possible in order to develop a cone of depression;
d. 
The drawdown readings, after 240 minutes, will be read every 60 minutes;
e. 
The recovery readings will follow the minor pump test criteria for the first 240 minutes; thereafter, readings will be taken every 60 minutes, until 80 percent recovery or until 720 minutes has been reached;
2. 
Minor Pump Test.
a. 
Discharge shall be solely from the well and is to be measured in gallons per minute (gpm), by an approved method, and recorded on a standard form approved by the Water Resources Department;
b. 
The pumping rate must be controlled with an adjustable valve. The size of the discharge pipe and valve shall be such that the valve will be from one-half to three-fourths open when pumping at the desired rate. Changing pump speed shall not be used as a method of controlling the discharge rate;
c. 
At least two of the following methods shall be used to measure the discharge flow rate:
[1] 
Observing time required to fill a container of known volume;
[2] 
Commercial type water meter to measure amount pumped in a given time (i.e., gallons in a minute);
[3] 
Noninvasive type flow meters (i.e., ultrasonic);
[4] 
Circular orifice weir;
[5] 
Orifice bucket;
[6] 
Open pipe flow;
[A] 
Horizontal pipe method (trajectory);
[B] 
Vertical pipe method;
[7] 
Several methods should be used to ensure accuracy (i.e., subsections (D)(2)(c)[1] and [6], [1] and [4], [3] and [1], [2] and [1] of this section, etc.). Methods must be approved by the Water Resources Department prior to the test;
d. 
Using the pump or a comparable pump, intended to accommodate whatever land uses are proposed, measure static water level, and start pump at maximum flow which can be sustained by the pump and supported by the well constantly throughout the test.
[1] 
The first well water measurement shall be taken one minute after pump is started with measurements taken every one minute for the next 10 minutes and every two minutes for the following 10 minutes until 20 minutes have elapsed;
[2] 
The next measurement is taken at 30 minutes and measurements are taken every 15 minutes from 30 minutes to 240 minutes;
[3] 
Shut down pump and start recovery, recording in the same manner as pump drawdown;
[4] 
Continue for four hours or until there is an 80 percent recovery on all wells;
[5] 
If an 80 percent recovery has not been reached in four hours, consult with the test supervisor;
[6] 
A spot check may be required every four hours, on all wells until 80 percent recovery has been reached. In no case shall recovery be measured less than one hour;
[7] 
Any deviation from the measurement schedule must be approved by the Water Resources Director prior to beginning the test;
e. 
The time each measurement is taken must be recorded;
f. 
Pumping is to be conducted a minimum of four hours. The time span will be determined by the requirements in subsection (C) of this section, but in no case for less than four hours;
g. 
There shall be at least two observation wells used within a 500-foot radius of the pumped well:
[1] 
If observation wells are not available, a written explanation concerning the particulars will be included in the sworn report;
[2] 
Measurement and recording of measurements, in subsections (D)(2)(c) and (d) of this section, also pertain to observation wells;
[3] 
If more than two observation wells are available, the Water Resources Department shall determine which wells are used;
h. 
The pump tester shall document any observed water use in the vicinity of the major or minor test along with the time of that observation;
3. 
Test Supervision. The test shall be conducted under the general supervision of the Water Resources Department using testing procedures in this chapter. The certified pump tester in charge shall be responsible for notifying the Water Resources Department 10 working days prior to the start of the test, including submittal of information form required in subsection (C)(1) of this section;
4. 
Test Evaluation. The Water Resources Department shall determine whether a certificate of compliance shall be issued for a pump test. The Water Resources Director, with the advice of a consultant, will set criteria for the minor pump test and the major pump test. In those instances where the impact appears to be questionable the issue may be resolved with the aid of a consultant;
5. 
Certification and Responsibility. A major or minor pump test is to be conducted by a firm, or individual, who has been certified by the Water Resources Department to have the necessary equipment and knowledge required to conduct the test. The data collected during this test are to be recorded, legibly and in a manner approved by the Water Resources Department, on a standard form, which will include a certified statement attesting to the accuracy of the information submitted and shall be filed with the Water Resources Department prior to issuance of a development permit or as a condition of final platting:
a. 
A review of certified pump testers will be conducted annually. The Water Resources Department may fail to renew the certification for just cause. If the pump tester is to be recertified they may be required to retake and pass the certification exam;
b. 
A landowner, or developer, may be certified for an individual test, after passing the certification test, and demonstrating the possession of the proper equipment;
6. 
Inadequate Tests. If any test does not meet the standards in this section, no land use, or development requiring groundwater, shall be approved by the Review or Hearing Body, until a subsequent test meets the standards or an alternative tested source is provided. If the test is deemed inadequate, the land developer may appeal as outlined in JCC § 19.84.030(B);
7. 
Substandard Wells. Any substandard well on a lot or parcel proposed for development must be properly abandoned or repaired as required by OAR Chapter 690, Divisions 200 through 235, for well construction, maintenance, and abandonment.
(2005 RLDC § 84.050)
For all major and minor pump tests, in accordance with recognized principles of well hydraulics, graphs shall be prepared and filed with the Water Resources Department to show time versus drawdown, and time versus recovery for the pumped well and the observation wells. A distance versus drawdown graph may be required for anticipated rates of pumping. The rate of pumping, time, and drawdown data are required, as well as other data which may be considered necessary to satisfy the test objectives.
(2005 RLDC § 84.060)
A. 
While conducting a major or minor pump test, or aquifer test, a water quality test, to determine the extent of the suspected contaminant(s), must be conducted. If the water quality test indicates the presence of contaminants, a certificate of compliance may not be issued. If the water quality does not meet the Public Health Standards, as designated in OAR Chapter 333. Division 61, and the National Interim Public Drinking Water Standards, then the well must be properly constructed in accordance with OAR Chapters 690, Divisions 210 and 215, or abandoned in accordance with OAR Chapter 690, Division 220.
B. 
A water quality test to detect the presence of suspected contaminants, or quantity test, shall be required for all wells being altered or constructed in documented water quality or quantity problem areas. Well construction, or abandonment, shall be in accordance with the Oregon Administrative Rules, as cited in subsection (A) of this section, if the water quality test does not meet the standards as stated.
C. 
If a water sample from a new well does not meet, either by laboratory analysis or by field examination, the above referenced drinking water standards and the well is not subsequently abandoned, then the well owner may be required to submit a sample to a certified laboratory for further water quality information. The analysis shall be limited to 10 water quality parameters, in addition to any suspected contaminants. The parameters for analysis shall be determined from the official groundwater problem areas document.
D. 
An application for a land use permit or final platting may be denied if the water quality standards above are not met.
(2005 RLDC § 84.070)
Any new wells drilled after the effective date of this title shall not be located within five feet of a property line. Furthermore, all wells shall meet the location requirements of OAR Chapter 690, Division 210.
(2005 RLDC § 84.080)
All requests for exemption from this chapter must be in writing to the Water Resources Department. The Department will submit the request with a staff report and recommendation to a hearings officer. Requests for an exemption may include but are not limited to the following:
A. 
Proposed land divisions which fall under the scope of this chapter on the basis of newly created roads or dedicated roadways;
B. 
Proposed land use change which falls within the scope of this chapter and two properly executed pump tests of similar requirement have been conducted within a 500-foot radius of the proposed change, without a significant increase in groundwater use;
C. 
Proposed land use change which falls within the scope of this chapter and a municipal water supply is available and there are no other groundwater users within 500 feet of the development's well;
D. 
Use of a well is being expanded and an adequate test has been conducted within one year using the same well;
E. 
The Water Resources Director may exempt the test from JCC § 19.84.050(B)(7) (80 percent recovery of drawdown, within 12 hours) based on department evaluation, or on the advice of a qualified professional, or if successfully appealed as outlined in JCC § 19.84.030(B).
(2005 RLDC § 84.090)
Nothing in this chapter is intended to conflict with ORS 537.505, et seq., and the provisions of state law shall apply and prevail as applicable to any actual or intended groundwater use.
(2005 RLDC § 84.100)