Document text
Court tosses well-drilling rules Talent driller, others sued Jackson County By Chris Bristol SALEM � The Oregon Court of Appeals threw out key elements of Jackson County�s well-drilling regulations, ruling that the county intruded on the state�s authority over groundwater. The law says ORS 537.769 � Local regulation of wells and water well constructors. "The Legislative Assembly finds that groundwater protection is a matter of statewide concern. No ordinance, order or regulation shall be adopted by a local government to regulate the inspection of wells, construction of wells or water well constructors subject to regulation by the Water Resources Commission or the Water Resources Department..." {1989} The ruling, issued Wednesday, stems from a 1995 lawsuit filed by Talent well driller Darryl Baker and others who accused the state of letting the county exceed its authority for fee-gouging forms of revenue. It was unclear Wednesday what effect the ruling will have on well fees and permits or the thousands of rural Jackson County residents who rely on the rules to protect their wells. Jackson County Judge Phil Arnold summarily tossed the suit in 1998, finding the county�s stated goal of gathering information about groundwater reserves was not in conflict with legislation dating back to 1955. A pair of 1994 county ordinances requires reporting of groundwater volume and quality, sets standards for testing and requires county permits for well construction. Rural residents, particularly those near Ashland and in the Sams Valley area, had complained that once-productive wells sometimes dried up after new building and drilling on nearby lands. State water managers worked with the county on the ordinances, but the court said a law enacted by the 1989 Legislature expressly gives the Oregon Water Resources Commission sole power over the inspection and construction of wells. "We find the text and context of the statute are clear," the court�s main opinion said. The court partly reversed Arnold, saying the 1989 legislation "preempts" elements of the county ordinances requiring permits and fees for the inspection and construction of wells. The ruling appears to require that the county amend the ordinances. In a reluctant but concurring opinion, Chief Justice Mary Deits said she was "doubtful" the Legislature intended to preempt the authority of local governments to regulate wells when ordinances such as Jackson County�s are not in conflict with the state�s own goals. But the court�s main opinion had no such doubts. "The Legislature knows how to indicate such a meaning when it intends to include that limitation," it said. The ruling was not a total victory for the plaintiffs. The court said the law does not forbid all local regulation of wells, upholding other elements of the county ordinances such as fees for water quality testing. In addition, the court said Arnold was right to dismiss the state from the lawsuit. It said the plaintiffs failed to first pursue established administrative remedies outlined in state law. The court also dismissed one of the plaintiffs, the Oregon Ground Water Association, for lack of standing. County officials said Wednesday they had not had time to digest the court�s findings. Lead plaintiff Darryl Baker, owner of Talent-based Ashland Drilling, could not be reached for comment. Joining him were Richard and Elizabeth Fujas, owners of Rising Sun Farms near Phoenix. Obituaries | Sports | Business | Classifieds | Tempo | Prime Times | So Oregon Sites | Outdoor Journal | Subscribe | Contact | Movies | Advertise | Real Estate Showcase | Archive | Editorials | Letters to the editor | Religion | Wake-up Call | NIE | Cyber Chef | Job Network | So Oregon Weather | WSJ Northwest | Forums | AP Wire | AP Money | F.A.Q. | Awards Ottaway Newspapers, Inc. The Community Newspaper Subsidiary of Dow Jones & Co, Inc Copyright �The Mail Tribune 2000, Medford, Oregon USA