State, local officials warn permit holders: static groundwater reports due; water bank, new limits to change landscape
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Summary
Oregon Water Resources Department staff told the Deschutes County Board of Commissioners they are beginning to notify permit holders who have failed to file required static groundwater level reports and outlined near‑ and mid‑term changes from recent legislation, including a proposed water bank and revised rules for exempt wells.
Representatives from the Oregon Water Resources Department told the Deschutes County Board of Commissioners on Nov. 3 that the state is beginning to send notices to water‑right holders who have not filed required static groundwater level measurements and that enforcement could include civil penalties for continued noncompliance.
"We are beginning to send notices out to those who have not been complying with these permit conditions, letting them know that we are needing them to comply. Starting next year, if we do not get compliance ... we would start ... enforcement procedures that might include civil penalties," said Carolyn Seppert, central region manager for the Oregon Water Resources Department.
Why it matters: county staff and water users rely on consistent measurement to track groundwater trends and manage allocations. OWRD officials said nearly 3,600 water‑use points statewide carry some form of a static water‑level reporting condition; the Tri‑County area of Crook, Jefferson and Deschutes counties has far fewer affected permits. "We have about 23" in the Tri‑County region identified for notices in the current circulation, Seppert said, and about 110 total permits in the Tri‑County area carry the reporting condition.
What OWRD told the board: the agency said measurements are typically taken in early spring (March or April) by qualified professionals — a certified groundwater examiner, geologist, licensed well constructor or similar credentialed person — and that notices to late reporters should begin within a month or two. Jeremy Gifford, water master, said the condition will appear on the permit itself and that permit holders are responsible for compliance.
OWRD also summarized several legislative and programmatic changes that will affect local water users. The department described a proposed water bank that will require tribe approval of a charter, public review, and sign‑off by the Water Resources Commission before it can operate. "They are looking at starting the bank in 2027," Seppert said, adding the bank would first pursue fallowing options and later consider a split‑rate or split‑duty approach.
Board members asked about House Bill 3342 and other session changes that limit the use of long extensions for proving beneficial use. OWRD staff said the new rules do not take effect until April 1 and that applicants with pending extension requests should submit completed applications under the old rules before that date. The department said it is in contact with local utilities such as Avion about how to achieve final proof under the new timeline.
Exempt wells: staff described how the statutory framework treats exempt groundwater uses. OWRD said domestic exempt wells retain a 15,000‑gallon‑per‑day domestic allocation; a separate 5,000‑gallon‑per‑day commercial allocation exists and up to 3,000 gallons of that 5,000 may be used for commercial gardening (growing with the intent to sell). The half‑acre lawn or noncommercial garden allowance remains a distinct area‑based allowance without a fixed daily gallonage attached.
Groundwater quality and grants: the board asked about Senate Bill 1154 and the state's role on groundwater quality designations. OWRD staff said designations and many water‑quality actions would be led by Oregon Department of Environmental Quality (DEQ), with OWRD playing a more limited role; they also warned that feasibility grant budgets are under review and that some feasibility grants appear to be frozen pending the state budget outlook.
What the board said: commissioners pressed for local detail and welcomed the notices and the outreach. One commissioner noted it would be useful for the public and media to be aware of the upcoming notices so affected users can comply before penalties are considered.
Next steps: OWRD said the water‑bank charter must be approved by tribes, go through public review and receive Water Resources Commission approval; if approved, the annual operating plan would be due by Jan. 1 in a year the bank would operate and a final operating plan would be completed by March 1 ahead of the irrigation season.
Ending: the board did not take a formal action on these items but heard the presentation and asked staff to stay engaged with local water users as notices are mailed and new legislative rules take effect.
