Exempt Domestic Well Proposed for Commercial Irrigation and Dust Control
An owner of a 5-acre parcel has a well drilled in 1998. It supplies a single-family home and has never been used for irrigation. The well is 180 ft deep with 6-inch casing, static water level is 60 ft, and yield is about 20 gpm. The owner now wants to install drip irrigation for 1.5 acres of lavender and to fill a 2,000-gallon tank for dust control on a gravel driveway. A neighbor holds a 1955 irrigation right on a creek 300 ft away. The well is completed in alluvium that is hydraulically connected to the creek. The owner believes the well is 'exempt' and can be used for any purpose up to 15,000 gallons per day. The neighbor has threatened to protest. The owner asks whether to proceed and what approvals are needed.
1. Does the proposed irrigation and dust-control use qualify as an exempt domestic groundwater use? Explain.
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No. Oregon's domestic groundwater exemption is limited to domestic use and has a daily volume cap; it does not authorize commercial irrigation or general dust control. Irrigating 1.5 acres of lavender is an agricultural use, and filling a tank for driveway dust control is not a household domestic use. The 15,000-gallon-per-day figure is a limit on qualifying domestic use, not a blanket entitlement to use water for any purpose. The owner cannot expand an exempt domestic well into irrigation simply because the well predates the new use. The proposed uses need a water right, typically through a groundwater permit or limited license, unless another specific exemption applies. The driller should not install the irrigation system based on the owner's assumption.
2. What application and technical steps should the owner pursue, and how should the neighbor's senior right be addressed?
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The owner should apply to OWRD for the appropriate groundwater authorization, describing the place of use, maximum rate, annual volume, and purpose. The application will be reviewed for land-use compatibility and public interest, and the neighbor will have an opportunity to protest. Because the well is in alluvium connected to the creek, the owner should expect OWRD to evaluate whether pumping would impair the 1955 irrigation right. A pump test, water-level monitoring, and possibly a mitigation plan may be required. If impairment is likely, OWRD may deny the application or condition it with limits, monitoring, or replacement water. The owner should not rely on the old well report as proof of a water right; it only documents construction.
3. If the owner limits use to household purposes only, what records support that, and what should the driller report?
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The driller should report only the well construction facts: depth, casing, static water level, yield, pump setting, and any test data. The owner's use should be documented separately as domestic use within the exemption limit. The driller should not describe the well as approved for irrigation or dust control. If a tank or irrigation stub is installed, the report should note only the physical appurtenances, not an authorized use. The owner should keep water-use records if there is any question about exceeding the domestic cap. Any future change to irrigation would require the water-right process described above.