Rules would allow Harney well-drilling despite moratorium
Farmers may be able to drill new irrigation wells in Oregon’s Harney Basin despite a moratorium imposed by water regulators last year.
Worries about groundwater depletion prompted the Oregon Water Resources Department to halt well drilling in 2015, but the agency is considering rules to allow a limited number of new well permits.
In the meantime, regulators are conducting a study of the area’s groundwater that’s expected to be finished in 2020.
“The ultimate goal will be the stabilization of those groundwater levels,” said Ivan Gall, administrator of the OWRD’s field services division.
Each year, roughly 200,000 acre-feet of groundwater rights are used in the Greater Harney Valley area — where well permits are restricted — while only 170,000 acre-feet are available for use, according to an agency estimate.
Extensive well drilling in the past decade convinced the WaterWatch of Oregon environmental group to protest new permits last year, which led to OWRD’s moratorium while the agency performs the groundwater study.
This spring, the agency plans to enact regulations that would allow well permits to proceed despite concerns about declining groundwater, as long as the applications were filed before April 15.
Martha Pagel, an attorney representing the Oregon Cattlemen’s Association, praised state water regulators for providing irrigators with a fair path to move forward if they have pending requests.
“It was a tough message in an area that’s really dependent on agriculture that you can’t develop anymore,” she said during a Feb. 26 meeting of the Oregon Water Resources Commission.
Under the proposed rules, an existing groundwater permit can be canceled to drill a well that generates the equivalent amount of water in another area. This allows farmers to switch to irrigating higher-value soils.
Irrigators who cancel a well permit to drill in another location would lose the original “priority date” for their water rights, unless they complete an official transfer of “certificated” water rights that have actually been developed.
Roughly 25 percent of the permitted wells in the area are currently undeveloped and will likely remain that way due to poor soils, said Dwight French, administrator of the agency’s water rights division.
These undeveloped permits, however, are eligible for cancellation to drill a new well under the proposed rules.
Even without a cancellation, new permits would also be allowed in the northwestern and southern sub-regions of the Greater Harney Valley area if the applications were pending as of April 15.
The agency doesn’t have data showing groundwater declines in these sub-areas but they’re likely part of the same overall water system, said Gall.
In both cases, farmers would be subject to certain conditions, such as setback distances between wells and a lack of interference with existing water rights.
Regulators expect the rules to be adopted on April 13, which is shortly before the April 15 cutoff date for pending applications because restrictions can’t be imposed retroactively.
Currently, 39 applications in the affected area are pending with OWRD and no new ones have been filed for several months.