Oregon’s plans to tighten groundwater rules face criticism as farmers complain the new rules will threaten their livelihoods.
The proposed changes will impose stricter standards for farmers who want to obtain groundwater use permits to legally pump water to irrigate their crops.
Farmers and agricultural groups who oppose the changes argue that the new rules will make it harder and more expensive to obtain such permits, posing an undue burden and a threat to their livelihoods.
Jeff Stone, Executive Director and CEO of the Oregon Association of Nurseries, told The Epoch Times that “agriculture is constantly under duress from state regulations” and that the major agricultural companies in Oregon “are united in saying this is just bad policy. There are other ways we can fix this.”
“The small farmer has the most to lose,” he said. “They built their livelihood around something they love and feel committed to. But no one would go into farming if they saw the economics. It’s hard to make it work and I think the moratorium will make it harder on small farmers.”
Conservationists and Oregon officials who support the new rules say that the state is struggling with rapid groundwater depletion. In some parts of the state, over-pumped groundwater aquifers are resulting in dry wells or a need to drill deeper. Under the current rules, permit holders can pump much more water than rain and snowfall can naturally replenish.
They argue that this practice does not provide adequate consideration for the long-term impact new water permits could have on surface water resources like rivers or streams, which are often fed by aquifers.
‘All Water Belongs to the Public’
In Oregon, “all water belongs to the public,” according to the state’s website.Whether it comes from a lake or a stream, or even from underground and drawn from a well on a farmer’s property, those who want to use water have to first obtain a permit or license known as a “water right” from Oregon’s Water Resources Department. Even landowners who have water flowing past, through, or under their property have to get authorization from the department to use it.
The Epoch Times reached out to the OWRD for clarification on the matter.
“Oregon has not implemented new rules to restrict water used for irrigation purposes,” the spokesperson said further, adding that “a water right is required to use water for irrigation of a crop to sell.”
“There are no exemptions under current legislatively approved statutes that allow water use for small, irrigated farming operations without a water right,” they said further.
However, the new rules stipulate that those seeking new water rights must provide at least five years of data to prove that groundwater levels in their area are “reasonably stable” to support a new permit. Applicants who are unable to do so are likely to have their application denied.The new rules also clarify the previously undefined term “reasonably stable” to mean that measured Annual High Water Levels at one or more wells “indicate no decline or an average rate of decline of less than 0.6 feet per year over any immediately preceding averaging period with duration between 5 and 20 years,” and to “have not declined by more than 25 feet from a reference level to the level in the year to which the evaluation of reasonably stable applies.”
Aside from a permit to use underground or surface water, the spokesperson also noted that there are other ways farmers in Oregon can legally access water to irrigate commercial crops. These methods include harvesting and reusing rainwater from water-resistant surfaces. Water can also be obtained through a local irrigation district or municipality or by using a water delivery service from a company that “obtains water from a legal source.”
Oregon’s lawmakers have approved an exemption for water use of up to 5,000 gallons per day for commercial and industrial purposes, however, that does not apply to irrigation. The spokesperson advised that water rights are only necessary if water use exceeds that limit.
‘It’s Not a Water Conservation Issue’
Peter Freeman and his partner June Del Campo own and operate a small, half-acre organic family farm on Lorane Highway, just outside of Eugene Proper in Oregon. Their little slice of the Beaver State is called Oak Song Farm and for seven years they’ve been growing fruit, flowers, and just about every vegetable you can think of.Things had been going well until the end of last season when Mr. Freeman and about two dozen other small family farmers received “cease and desist” orders from the regional office of the OWRD, informing them that they could no longer use their well water to irrigate their crops without a water right.
To save their farm, the family immediately sought alternative watering options.
They set up rain-catch devices to gather as much rainwater as possible.
They also looked into water rights, which Mr. Freeman described as “an elusive thing.”
“Our aquafer had never been tested so it would take a couple of years and about $10,000 to $20,000, which is about what we make in a year on the farm, and we’re still not guaranteed to get water rights,” he told The Epoch Times.
“They would gladly take our money to test our aquafer. But we would have had to drill another well because we would have to be further away from our seasonal creek,” he added. “So, we applied for surface water rights from our seasonal creek. But once again that’s taking time and money and we’re still not guaranteed to receive those rights. We would have to pump out of the creek and have some kind of cistern, either a pond or several storage containers. But that would take about a year. So this season is completely gone.”
Because Oregon’s lawmakers approved an exemption for commercial and industrial businesses to use of up to 5,000 gallons per day without a permit, Mr. Freeman is not buying the state’s reason for tightening water use restrictions on small farmers.
‘This Isn’t Right’
Mr. Freeman and Ms. Del Campo’s daughter Christina Del Campo, a single mom, is “the farmer” at Oak Song.
There’s a small red produce stand on the property where a loyal following of customers comes to purchase her produce as well as her home-baked goods, fresh-made preserves, and handmade soaps.
During the summers, the family supplements their income by selling their products to a wider audience at the Farmers’ Market at the Grange.
Christina told The Epoch Times that while she is supportive of the concept of water conservation she is frustrated by the restrictions on water use for small farmers.
“This isn’t right,” she said.
“Because we’re growing and selling food, that’s what makes it illegal,” she said further. “That’s where I get a little confused about why this law exists, so I am advocating for people to make their voices heard. You can have a business that uses up to 5,000 gallons of water a day using your well, but it doesn’t apply to irrigation. It even applies to nurseries. You can’t water in a greenhouse either. I think a car wash uses more than 5,000 gallons of water a day.”
Because of the financial loss incurred by the water restrictions, life as Christina has known it for the past seven years has changed.
“I’m having a career shift,” she lamented. “I can no longer make a living just farming. I’ve taken on another job off of the farm.”
While she does believe there should be limits on the amount of water a business uses, she doesn’t understand why some get exemptions to use thousands of gallons while those using far less are told they can’t use their own well water because they’re growing food.
“That’s what I don’t get,” she said.
