Harney Basin groundwater restrictions considered, but are years away

Published 10:15 am Wednesday, February 22, 2023

BURNS, Ore. — Oregon water regulators are considering whether to impose new restrictions on groundwater pumping in the Harney Basin, though any changes would still take years before they are implemented on the ground.

The state Water Resources Department plans to convene a local rules advisory committee later this spring, starting down the path to designating a critical groundwater area which would allow officials to curtail groundwater pumping for existing water rights.

Ivan Gall, deputy interim director for water management at OWRD, said the process to finalize a critical groundwater area will likely take several years, and could be appealed by water users to the state Court of Appeals.

“I think it’s going to be pretty slow,” Gall said.

Critical groundwater areas may be established to address groundwater supply, quality or thermal issues, according to OWRD. Oregon has seven critical groundwater areas, including one in the Willamette Valley, one near The Dalles, one in Malheur County and four in the Umatilla Basin.

The Greater Harney Valley, which covers a large portion of northern and central Harney County, has been classified as a “groundwater area of concern” by OWRD. The agency has largely stopped issuing new groundwater permits in the area since 2016.

The same year, OWRD and the U.S. Geological Survey began a study looking at groundwater flow, extraction and recharge. What they found was that more groundwater is being used than is being replenished.

“That, of course, is why we’re seeing groundwater levels declining there in the basin,” Gall said.

In just one area — Weaver Springs, about 20 miles southwest of Burns — groundwater levels are declining by 8-10 feet per year, Gall said, and by up to 100 feet since the early 1990s. Most groundwater in the area is pumped to irrigate alfalfa and other crops.

Per statute, in order to designate a critical groundwater area in the Harney Basin, OWRD must first adopt rules by consulting with a rules advisory committee. Gall said the agency is finalizing a list of committee members, who will begin meeting in April.

Gall predicted the committee will meet a minimum of 4-5 times over the next 6-8 months.

“It’s going to be a time commitment,” he said.

Once draft rules are written, they will be available for public comment and presented to the Oregon Water Resources Commission for adoption. Gall said that could happen by late 2023 or early 2024.

“If the commission adopted rules that created a critical groundwater area, that basically establishes the boundary and understanding as to why it is necessary,” he said.

Then, if any groundwater curtailments are needed, the proposal will go for a contested case hearing before an administrative law judge. Gall said his best estimate is the contested case would take another two years before a final order was issued.

“It’s certainly going to be a multi-year process,” he said.

At the same time, OWRD is going through an update of its Division 10 rules, defining the processes and procedures for establishing a critical groundwater area. The state has not designated a new critical groundwater area since 1991, Gall said.

In addition to the Harney Basin, Gall said OWRD is also struggling with declining groundwater in the Walla Walla Basin in northeast Oregon, and has partnered with the state of Washington and USGS on a similar study examining the watershed and its hydrology.Gall said OWRD is also in the very early stages of a water management plan with California to stabilize groundwater levels in the Klamath Basin.

“We have a long ways to go in a bi-state management process for that basin,” he said.

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