Does Oregon require a well test when you sell a house?

What the law actually says

The requirement comes from ORS 448.271, usually called the Domestic Well Testing Act, with the detail filled in by Oregon Administrative Rules 333-061-0305 through 333-061-0335. It applies to a sale or exchange of real estate that includes a well supplying ground water for domestic purposes.

The trigger is accepting an offer, not listing. You do not need results in hand to go on the market, which is worth knowing if you are trying to get a listing live before a weekend.

The three tests, and why each one is there

Total coliform bacteria is the indicator test for whether surface contamination is reaching the water — a bad seal, a damaged casing, a well head sitting too low. It is the one most likely to come back positive, and it is often fixable.

Nitrate points at septic systems, livestock or fertiliser reaching the aquifer. It matters most for infants, and it is the reason some parts of the valley get watched closely.

Arsenic is naturally occurring in parts of Oregon's groundwater. It is not a contamination story, it is a geology story, and it does not announce itself — arsenic has no taste, colour or smell.

Who does what, and by when

The seller or the seller's representative collects the sample following OAR 333-061-0335, and it must be analysed by an accredited laboratory under OAR 333-061-0330. You cannot use a hardware-store kit for this.

Once you have results you have 90 days to get them to the buyer and to submit the Real Estate Transaction (RET) form plus the results to the Oregon Health Authority. OHA accepts them by email to Domestic.Wells@odhsoha.oregon.gov or by fax to 971-673-0457.

Filing with the state is the step people forget. Handing results to the buyer satisfies the buyer; it does not satisfy the statute.

What a bad result actually means

A positive coliform result is common and is not automatically a deal problem. It usually starts a conversation about shock chlorination, the well head, or the casing seal, followed by a re-test.

Arsenic and nitrate are different — those are treated, not repaired. Treatment is a real cost and a real negotiation, which is exactly why you want the test done early rather than in the last week of an escrow.

None of this is a reason to avoid a well. Most of rural Lane County is on one. It is a reason to know the numbers before somebody else does.

What this does not cover

The statute is about water quality, not water quantity. Nothing here tells you how many gallons a minute the well produces — that is a flow test, it is not required by Oregon law, and it is usually a lender or buyer request rather than a state one.

It also says nothing about the condition of the pump, the pressure tank or the plumbing. Those are inspection items.