Instream: Groundwater Success and a Victory Worth Savoring

Oct. 24, 2024

By WaterWatch of Oregon Staff

In a monumental step forward for Oregon’s water future, the Oregon Water Resources Commission unanimously voted on Sept. 12th to adopt rigorous new groundwater allocation rules for the state. As an organization that has long highlighted the ongoing over-allocation of groundwater in Oregon, WaterWatch is thrilled to see these changes adopted.

The amended rules utilize science and groundwater data to ensure new groundwater allocations meet the tenets of Oregon’s landmark 1955 Groundwater Act, but don’t affect exempt groundwater uses like domestic wells, existing water rights, or water rights transfers.

As Water Resources Commission chair Eric Quaempts explained in a press release following the agency’s adoption of the rules, “Our unanimous decision … underscores the importance of proactive water management in Oregon. By taking this step, we are prioritizing the long-term health of our groundwater resources and ensuring 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.”

Key provisions of the Groundwater Act include requirements that groundwater pumping can only be permitted if it is “within the capacity” of a water resource, that the state determines and maintains “reasonably stable” groundwater levels, and that adequate and safe supplies of groundwater for human consumption are assured. Oregon law also prohibits issuance of a new groundwater permit if water is not available and if pumping would reduce surface water flows in such a way that it would injure surface water rights, including Instream Water Rights established to protect streamflows for public uses.

Previous Oregon Water Resources Department (OWRD) rules led to an over-issuance of groundwater permits in many parts of the state, and declining groundwater levels adversely impacted senior users, domestic wells, and springs. WaterWatch began to sound the alarm on the over-issuance of new groundwater permits in the Harney Basin in 2014, and our organization was an active participant in every Rules Advisory Committee meeting and provided multiple rounds of public comment and testimony.

In announcing adoption of the amended rules, OWRD director Ivan Gall said, “Updated groundwater allocation rules are a critical step toward protecting our water resources from overuse and the impacts of climate change. These rules ensure 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.”

Over 1,300 comments were submitted during the public comment process this spring, with the majority in support of the amended groundwater rules. WaterWatch would like to express our thanks to our members and supporters who stood with us and testified at a public hearing, submitted remarks online, shared news with friends or family, or sent a letter to a newspaper, state agency, or elected official. Your voices helped keep this process on track, and were vital in delivering the strong rules that went before the Water Resources Commission in September.

As WaterWatch moves to ensure the updated rules are soundly implemented, we again offer our thanks for your work and support in delivering progress worth savoring!

This article originally appeared in the fall 2024 issue of WaterWatch of Oregon’s Instream newsletter.