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Harney Basin irrigators, tribes and conservationists clash over bill to preserve voluntary groundwater agreements
Summary
A Feb. 4 committee hearing on HB 4049 drew extensive testimony from Harney Basin irrigators, county officials and conservation groups debating whether the bill would preserve voluntary agreements or undermine recently adopted rules and science underpinning groundwater sustainability.
Co-chairs Helm and Owens opened a public hearing Feb. 4 on House Bill 4049, legislation aimed at preserving and clarifying voluntary groundwater agreements for basins such as the Harney (also referred to as Kearney in testimony) Basin.
The bill, sponsors said, would ensure the Oregon Water Resources Commission — not the Department — retains authority to review and approve voluntary agreements and would direct the department to carry out timely, inclusive rulemaking. Proponents told the committee the department's draft guidance for voluntary agreements is overly restrictive and would make voluntary agreements effectively the same as regulatory orders, discouraging participation.
"Voluntary agreements are our last best option to rebuild trust and work collaboratively with the commission to protect groundwater while preserving agriculture in Harney County," said Sabrina Mackey, who testified she is a landowner and irrigator in Harney County. Mackey argued guidance that excludes wells that have "triggered decline conditions" penalizes long-standing water-rights holders and would make agreements inequitable.
Supporters included local officials and irrigators who said voluntary agreements can avert lengthy litigation and provide local control and stability. Harnett County Commissioner Rob Frank said his county's jurisdictions passed a joint resolution supporting collaborative approaches and urged flexibility to allow sub-area agreements and early reductions in use.
Conservation and neutral-position groups urged caution and refinement. Lisa Brown of Water Watch of Oregon said voluntary agreements already are permitted under existing law and warned HB 4049 could undermine the rules and the science developed in the Harney Basin rulemaking process. Kyle Smith of The Nature Conservancy said he was neutral after amendments but asked for clarity on how agreements would interact with critical groundwater area designations.
Testimony repeatedly raised technical points: supporters asked the commission to accept agreements that account for conservation measures already taken and to avoid minimum participation thresholds that could preclude meaningful reductions; opponents said the bill as drafted risks replacing rule protections with weaker statutory language. Many witnesses urged more inclusive, locally driven engagement in any agreement framework.
No vote occurred on HB 4049 during the session; the public hearing was closed for the day and the committee left the measure under consideration. Committee staff said written testimony would be accepted for 48 hours.
Next steps: HB 4049 will remain in committee for further work; the committee indicated interested members should follow up with the sponsor for technical questions.
