Domestic Well Testing and Real Estate Transaction FAQs

Question 1: What is domestic well testing?

• Domestic well testing is the process of having a laboratory test water from a private well for arsenic, coliform bacteria, and nitrate before the house served by that well is sold.

Question 2: Are there legal responsibilities?

• Yes. ORS 448.271 requires testing of domestic well water during a real estate transaction. Effective since July 24, 1989, ORS 448.271(1) states:
  
  "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 tested for arsenic, nitrates and total coliform bacteria. The Department of Human Services [DHS] also may, by rule, require additional tests for specific contaminants in specific areas of public health concern. The seller shall submit the results of the tests required under this section to the department and to the buyer within 90 days of receiving the results of the tests."
  
  Oregon Administrative Rule 333-61-305 to 333-61-335 (pdf 20K) further defines the actions the seller must take.

Question 3: Who needs to comply?

• The seller of the real estate is responsible. However, the seller may designate their attorney, real estate agent or broker, the laboratory person conducting the water testing, or a private party to assist them in complying with water testing and reporting requirements.

Question 4: What data must the seller report to DHS-Drinking Water Program?

• The seller must report specific information about the well. To assure all necessary information is provided, the seller should complete a "Domestic Well Testing For Real Estate Transaction form". Blank forms are available from local real estate offices, the DHS-Drinking Water Program, or you can download form by clicking here.

Question 5: What if the well water does not meet safe standards?

• Technical assistance is available. Contact your County Health Department, or the DHS-Drinking Water Program at ph. (971) 673-0405, M-F (8AM - 5PM).

Question 6: Where does the seller send the completed form? 

Mail completed form to:

DHS-Drinking Water Program

Domestic Well Testing
P.O. BOX 14450
Portland, OR 97293-0450