Permit Moratorium Announced for Groundwater in Harney County

By Derek Bradley–

The June 18^th Oregon Water Resources Commission meeting included a presentation concerning the current state of groundwater in Harney County.   Harney County development expanded in recent years, with a lot of this development driven by agriculture.  Much of the water needed for this development, derives from groundwater causing the number of irrigated acres sourced from groundwater to nearly double since the year 2000.

Currently, the Oregon Water Resources Department (OWRD) estimates that 30,000 acre-feet are withdrawn above the annual net recharge rate of the basin.   Additionally, OWRD estimates 80,000 acre-feet exist in the form of undeveloped permits.  WaterWatch filed a protest with OWRD in mid-2014 concerning applications for groundwater permits in the basin.

As a result, OWRD declared it will reject almost all of the pending groundwater permit applications, and will approve very few future groundwater permit applications until a basin study is completed.  This study could take up to five years to complete, but it will provide OWRD with more concrete data concerning the amount of water appropriated from the basin, annual recharge to the basin, how much water exists in the basin, and how much water contributes to surface water flows.

Ensuring senior water users have access to groundwater, is OWRD’s major concern at this time.  Unfortunately, OWRD will not be certain about the potential harm to senior rights holders until it obtains more information about the status of the basin through the study.  Prior to the Commission meeting OWRD held a town hall in Harney County where residents commented on OWRD’s permit issuance moratorium.  Current water rights holders in the county expressed relief at OWRD’s direction, while those hoping to develop new water uses were dismayed.

For now, OWRD will engage in the study of groundwater in Harney County and will deny pending groundwater applications. However, should the situation deteriorate, OWRD may consider additional actions, such as classifying the groundwater basin to only allow exempt uses, or requiring mitigation for new uses similar to the Deschutes Ground Water Basin.

Stay tuned to Schroeder Law Offices’ Water Law Blog for more information about water in the West!

Download a Copy of the OWRD’s Harney County Groundwater Presentation