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Harney County court approves and submits formal comments on Division 5/12 OWRD rulemaking

5549077 · August 7, 2025
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Summary

Harney County Court voted to approve legal counsel’s draft comments on the Oregon Water Resources Department’s proposed Division 5/12 rule changes and to submit them to OWRD, the director, the Water Resources Commission, the governor and Representative Mark Owens.

Harney County Court voted on Aug. 6 to approve a package of comments prepared by county counsel on the Oregon Water Resources Department’s proposed Division 5/12 rules and to submit those comments to OWRD and other state officials.

Commissioners and county legal staff said the draft comments raise concerns including whether the proposed rules conflict with the county comprehensive plan, how subarea boundaries were drawn, and whether the department relied on appropriate hydrogeologic science. Commissioner Frank said some elements of the proposed rules "are at odds with our comprehensive plan," and that the comments cite statutes and administrative rules to explain the county’s concerns.

County legal counsel recommended submitting the comments on the law firm’s letterhead so recipients would know the comments had been reviewed by counsel. The court agreed to send the comments to Kelly Mines (OWRD rules coordinator), the OWRD director, members of the Oregon Water Resources Commission, the governor (via regional coordinator), and to cc Representative Mark Owens.

The court formalized the decision by motion and voice vote; the motion carried. County staff said the public comment deadline for the rulemaking is Aug. 13, 2025, and encouraged residents and stakeholders to submit comments by that date.

Ending: County officials said they hope the department will address community input before the Water Resources Commission meets. They said the rules will set precedent for other counties and emphasized the need for accurate science and careful boundary definitions in managing local groundwater.