The Oregon Water Resources Department’s effort to establish a critical groundwater area for a portion of the Harney Basin will continue with a trio of Rules Advisory Committee public meetings this winter and spring.

Those will be followed by more time to comment on the proposed rule.

Three public hearings are being planned in 2025 for Seneca, Burns and Hines, though no dates have been set.

RAC member Rep. Mark Owens expects a final proposal to be presented to the Oregon Water Resources Commission in December.

If the proposed rules are adopted, legal notice and a contested case process could be initiated to reduce pumping under the critical groundwater area designation.

But even after rules are established, people expect fireworks and delays as farmers and ranchers push back against water curtailments that will hurt profits.

“There’s going to be a lawsuit. There’s no doubt,” Owens said.

“I hope that the majority of farmers get to a point where we can support the rules instead of litigating the rules,” added Owens, an alfalfa grower who lives near Crane, Ore.

Two ends of the spectrum

Married farmers Shane and Crystal Otley — he’s second vice president of the Oregon Farm Bureau, she’s Harney County Farm Bureau president — said there’s two ends of the spectrum on the issue.

“There are some that are frustrated with how the state has mishandled the water rights situation. They should have been cutting way back a long time ago and maybe we wouldn’t be in the spot we’re in now,” Shane Otley said.

Then there are alfalfa farmers and ranchers whose livelihood depends on that water, and they have deep pockets and lawyers, he added.

“Something has to happen, because there’s too much water going out than the basin can handle,” said Otley, who lives 10 miles outside Burns.

Reductions needed

As if to illustrate the point, in late December, OWRD sent out letters to 17 water right holders who had tripped the decline condition in their groundwater permits, telling them they would not have the ability to irrigate.

A community meeting for those who have received curtailment notices and for community members who wish to learn more about permit conditions for groundwater declines is being planned for the first week in February, according to an agency spokeswoman.

According to a July memo from Ivan Gall, Oregon Water Resources Department director, groundwater use in excess of recharge is resulting in groundwater declines that indicate an urgent need to reduce groundwater use in the lowlands of the Harney Basin.

The declines are due to groundwater pumping, primarily for irrigated agriculture.

“Given the magnitude of groundwater level declines, OWRD is supportive of using all the tools available to reduce groundwater use,” Gall wrote.

Reductions will have an impact on the overall economy of rural communities. Otley said hay and cattle are the two primary income commodities for the Harney Basin.

Reductions in the hay harvest quickly would ripple out into farm equipment companies, he added.

Upcoming meeting, letters

Owens said the next RAC meeting should include more model results that show how much groundwater could be pumped from the Harney Basin without a decline, as well as an economic impact study.

While he’s still apprehensive, “We’re a little bit more optimistic we’ll have a glide path to success,” Owens said.

He hoped there’s still room for a voluntary agreement from the community to reduce pumping rather than a regulatory approach.