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Senate clears bill expanding allowed exempt water uses for small growers
Summary
House Bill 33-72 clarifies and expands the scope of exempt water uses, permitting small-scale commercial gardening (e.g., half-acre growers) to irrigate within set limits and resolving an anomaly that had excluded sales of vegetables at farmers markets.
SALEM, Ore. — The Senate on Tuesday passed House Bill 33-72, a measure that clarifies exempt uses of water and sets quantitative limits to allow small-scale growers to irrigate for limited commercial production without additional permitting.
Sen. Brzezinski, sponsor of the bill in the Senate, said the measure "start[s] setting some limits as to how much water can be used in certain categories and also make certain those that are what I refer to as the mom and pops, farmer market, farm to market farms have access to actually utilize water just like anyone else has been able to do so." She described a proposed limit of 3,000 gallons for a half-acre as an example of how the measure balances small-scale commerce and resource protection.
Sen. Golden praised the multi-year negotiations that led to the compromise language, noting the unusual statutory history that had effectively allowed almost any exempt well use except selling vegetables at a growers market; the bill corrects that inconsistency.
Sen. Nash added that the change "allows somebody that has a half acre ... to actually grow a commercial garden and be able to sell that produce," which supporters said will assist local food systems and low-scale producers who sell at farmers markets.
On final passage the clerk announced the bill "having received a constitutional majority" and declared it passed. Supporters said the bill will enable small growers to supplement incomes and contribute produce to local food programs.
