Oregon Water Resources Commission adopts disputed update to groundwater allocation rules; city critics to seek ‘balance’

MEDFORD, Ore. (KTVZ)  - The Oregon Water Resources Commission voted unanimously Thursday to adopt updates to Oregon’s groundwater allocation rules, "marking a historic step in how the state manages and allocates groundwater," according to the agency and its supporters - while critics of the new rules said they will press for a better-balanced compromise.

The adopted rule updates will go into effect upon filing with the Oregon Secretary of State.

One of the critics of the new rules, Redmond Mayor Ed Fitch, shared this reaction and comment with NewsChannel 21:

"The Central Oregon Cities Organization (COCO) which I currently chair, understands the need to address our water resources responsively. We do have concerns regarding the new rules and how they affect each city's ability to access water in the future. We are working with the Governor's office, our legislative delegation and the Water Resources Department to address those concerns and we are optimistic an appropriate balance between protection of our water resource in the Deschutes Basin and our ability to supply water to our growing population will be achieved."

The Oregon Water Resources Department news release continues in full below, followed by one from supporters of the new rules:

The adopted rules detail how the Oregon Water Resources Department grants new groundwater rights. The new rules are designed to promote sustainable groundwater use. This means that when evaluating a new use application, OWRD is looking to determine whether water is available for further appropriation, including:

• Determining if groundwater levels are reasonably stable.
• Prioritizing existing water rights over new groundwater rights that will interfere with surface water rights.
• Confirming the target aquifer is physically capable of producing the requested new rate of use.

This is largely achieved through defining reasonably stable groundwater levels and expanding the evaluation of impacts to surface water, altering the criteria OWRD uses for evaluating new groundwater use applications.

The rule updates are not intended to impact groundwater applications in the agency queue at the time the new rules become effective. The changes do not affect exempt groundwater uses, existing water rights, or water rights transfers.

“Our unanimous decision to adopt these rules underscores the importance of proactive water management in Oregon,” said Commission Chair Eric Quaempts. “By taking this step, we are prioritizing the long-term health of our groundwater resources and ensuring that our water management practices reflect the realities of today’s challenges. This is about making responsible choices now to support Oregonians and the state’s water future."

"The updated groundwater allocation rules are a critical step toward protecting our water resources from overuse and the impacts of climate change,” said Oregon Water Resources Director Ivan Gall. “These rules ensure that new groundwater rights are granted based on science, safeguarding existing users and preserving water for future generations. This forward-looking approach will help maintain sustainable water supplies for all Oregonians."

Background

In some parts of Oregon, water pumped and used from underground aquifers is outpacing what nature replaces through precipitation. Scientific data shows that groundwater depletion is occurring at rapid and unsustainable rates in many parts of the state. As a result, many parts of the state are experiencing dry wells and water scarcity that impacts families, farmers, industry and recreation.

Additionally, groundwater depletion is expected to increase due to a warming and drying climate. Much of the water in streams during summer months comes from groundwater sources. With groundwater sources declining, reduced surface water flows in streams, rivers and lakes affect existing water rights holders and inhibit healthy fish, aquatic habitat, and recreation.

After decades of groundwater declines, OWRD is responding to the modern realities experienced by Oregonians and confirmed by science. To limit the further depletion of groundwater resources, OWRD developed science-based rules for issuing new water rights.

OWRD is the state agency that allocates and distributes water in Oregon. The Oregon Water Resources Commission is the seven-member citizen body that sets state water policy and oversees OWRD’s activities. For more information, visit oregon.gov/owrd.

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News release from environmental groups supporting the revised rules:

Oregon Water Partnership Applauds Adoption of New Groundwater Rules

Coalition of conservation nonprofits commends state water commission for finalizing long-needed groundwater rules that will better protect drinking water, support farming, safeguard fish and wildlife, and more.

Central Point, Oregon — In a major victory for Oregonians concerned with the state's water future, today the Oregon Water Resources Commission adopted rigorous groundwater allocation rules that will better protect drinking water, agriculture, fish, and wildlife.

The new rules — crafted through an extensive public process over the course of several years — will modernize the process the Oregon Water Resources Department (OWRD) must follow before approving applications for new groundwater use permits. This marks the conclusion of a decades-long effort to fully implement Oregon's landmark 1955 Groundwater Act.

Previously, in a practice known as "default to yes," the state would approve applications for new groundwater rights even when its water agency lacked data to determine whether an area had enough groundwater to support new pumping. Over-allocation of groundwater rights resulted in chronic groundwater level declines, as well as impacts to rivers and streams and the many water uses they support. The newly adopted rules close this loophole, ensuring future water right allocations are guided by a science-based process that promotes long-term water sustainability and reliability for Oregon's communities and environment.

The new rules also:

• Better protect surface water that is "hydraulically connected" to groundwater, like springs, streams, and lakes that are replenished by groundwater.

• Define "reasonably stable" groundwater levels, and prevent new groundwater permits from being issued when groundwater levels do not meet this threshold. Had this definition been adopted immediately following passage of the 1955 Groundwater Act, the state could have avoided unsustainable pumping that ultimately caused groundwater levels to decline in some areas by more than 100 feet.

• Establish the data needed to determine whether groundwater levels are reasonably stable.

• Protect existing surface water rights — including instream water rights that protect river flows — by requiring the state to fully consider the impacts of proposed pumping on hydraulically connected rivers and streams. This marks an important improvement, as the state's prior approach resulted in over-allocation of groundwater permits that has injured senior surface water rights.

• Apply only to applications for new groundwater permits; they do not change existing water rights or apply to water uses exempt from permitting, such as domestic wells.

Since its inception, Oregon Water Partnership has pushed to modernize groundwater management, through Commission testimony, in the media, and during Legislative sessions. Three of Oregon Water Partnership's member organizations — WaterWatch of Oregon, The Nature Conservancy, and Oregon Environmental Council — served on OWRD's yearlong Rules Advisory Committee and contributed directly to crafting the newly adopted groundwater allocation rules.

"Oregon has been over-issuing groundwater pumping permits for decades, to the detriment of senior water users and rivers, lakes, and wetlands that rely on cold, clean groundwater," said Lisa Brown, staff attorney for WaterWatch of Oregon. "These rules apply science and data to implement Oregon's Groundwater Act, securing a more sustainable water future for all Oregonians, and for rivers across the state and the fish and wildlife that depend on them."

"Water levels have been dropping for decades in thousands of wells across Oregon," explained Zach Freed, Oregon water strategy director for The Nature Conservancy. "It's not just a problem for Oregonians on the dry side of the state. These new rules will help prevent further impacts of over-allocation from the coast to the high desert."

"Resilient communities and economies prioritize conservation as a tool for protecting groundwater resources," said Karen Lewotsky, rural partnerships and water policy director for the Oregon Environmental Council. "Conservation efforts, including water reuse, should be our first choice for meeting municipal, industrial and agricultural water needs."

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Oregon Water Partnership represents seven statewide conservation groups that work together to ensure abundant, cold, clean water to sustain healthy communities, livelihoods, and ecosystems. Our members: Environmental Defense Fund, Oregon Environmental Council, Sustainable Northwest, The Nature Conservancy, Trout Unlimited, WaterWatch of Oregon, and Wild Salmon Center. More at https://oregonwaterpartnership.org.