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OWEB RACC favors testing groundwater projects through guidance, not immediate rule change

OWEB Water Acquisition Rules Advisory Committee (RACC) · February 23, 2026
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Summary

The Oregon Watershed Enhancement Board advisory committee recommended using guidance to allow limited groundwater acquisition projects for testing and learning, while leaving permanent rule adoption for later after coordination with OWRD and additional technical work.

Renee Davis, manager of the acquisitions and special programs section at the Oregon Watershed Enhancement Board, proposed a cautious approach to groundwater in the water acquisition program: allow limited projects through guidance while deferring formal rule adoption until the program can demonstrate reliable measurement and protectability. "We are proposing ... a bit of a hybrid of not necessarily incorporating out of the gates during this rule making ... but making sure that in the guidance that's paired with these rules, we do outline some opportunities by which groundwater could come in to the program," she said.

OWEB staff presented draft guidance that would permit groundwater acquisition applications in restricted groundwater-use areas when applicants can show direct, demonstrable impacts on groundwater-dependent ecosystems and acquire legal rights "not subject to forfeiture." Brian Walcott, grants coordinator for the water acquisition program, summarized the proposal: "The water acquisition grant program will consider applications for groundwater projects that propose acquiring legal rights not subject to forfeiture that are in a restricted groundwater use area and can show a direct and demonstrable impact on a groundwater dependent ecosystem." RACC members generally supported testing the approach but urged clearer technical expectations for quantification, monitoring and coordination with the Oregon Water Resources Department (OWRD).

Several members said the approach balances opportunity and caution. Spencer Sawoski, Habitat Division deputy administrator at the Oregon Department of Fish and Wildlife, recommended quantification steps to link groundwater reductions with surface-water benefits; public commenter Ken said the guidance was a reasonable way to test the idea. The committee agreed to continue refining guidance and scheduled a short follow-up meeting (a "0.2" meeting) in March before presenting progress to the OWEB board.