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Strategy Edits since October

11/18/21

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Process Refresher…

Consensus on Strategy List achieved (list foundational enough to begin drafting plan)
Everyone was encouraged to continue thinking about the strategies after the consensus event.
If there were any strategies that were missing or needed additional refining, Collaborative members should’ve submit their suggestions by Wednesday, November 10.
Those suggestions were circulated to the rest of the Collaborative on Thursday, November 11 for review.
During the November 18 Full Collaborative meeting, all suggestions will be reviewed and discussed in depth--> **WE ARE HERE**

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Overall edits based on suggestions received since October meeting…

Added section numbers to each bin
Some strategies recategorized + renumbered
Suggestions for renaming bins and reorganizing strategies
Some language edited for more clarity (see November version of Strategy list)
Redundancy, repetition addressed throughout list (to the best of Holly’s ability)
Some suggestions to combine 3 strategies into one, *newly* written strategy🡪 Collab must approve.

If not approved, see alternative idea

One *new* strategy suggested--> Collab must approve

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Significant suggested edits on specific strategies since October meeting…

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Reducing Agricultural Groundwater Use

Now:

Objective 1: To assist groundwater irrigators in using less water; To protect the water rights of an irrigator who conserves by changing their irrigation system to operate at a lower rate than what was originally permitted.
Strategy 1: Implement irrigation conservation measures to help slow the rate of decline and assist in achieving reasonably stable groundwater levels.
Recommended Actions:

1.1.1. Provide a clear explanation of the “use it or lose it” clause on water rights.

1.1.2 Demonstrate successes of irrigators reducing groundwater use for others to learn and to be encouraged (e.g. “demonstration farms”).

1.1.3 Obtain legal recommendations of where barriers lie in the Allocation of Conserved Water program (e.g., in statute, rule, etc.), and what options exist for overcoming those barriers.

1.1.4 Provide incentives for irrigators who can prove reduction in their groundwater use.

Was:

Objective 1: To encourage groundwater irrigators to use less water; To protect the water rights of an irrigator who conserves by changing their irrigation system to operate at a lower rate than what was originally permitted, and to keep conserved water from being used by another irrigator (i.e., “leave it in the ground”)
Strategy 1: Reduce groundwater use through conservation measures to help stop the decline in GW levels
Recommended Actions:

1.1.1 Educate groundwater irrigators on the misperception of umbrella phrase: “use it or lose it.”

1.1.2 Demonstrate successes of irrigators reducing groundwater use for others to learn and to be encouraged.

1.1.3 Obtain legal recommendations of where the barriers lie in State’s ‘allocation of conserved water’ program (e.g., in statute, rule, etc.), and what options are for overcoming those barriers.

1.1.4 Find a way to reward irrigators for reducing groundwater use (i.e., incentives), when it is ensured that irrigators are indeed using ess

1.1.5 Work with OWRD staff to identify barriers and options, and consider reaching out to state legislators to help raise awareness that this is an issue, and one that applies across Oregon—this is not an issue only in Harney County; this type of coordination and outreach could be done through an organized local process

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Reducing Agricultural Groundwater Use

**New Strategy**

Objective A: To ensure ground water irrigation use is being accurately measured and reported throughout the basin and available to all interested by supporting the most cost effective, accurate platform for providing this information .
Strategy A: Measure and report irrigation groundwater use to inform water management decisions and outcomes and provide accountability to support Volunteer Agreements.
Recommended Actions:

A.A.1 Set up a platform where Open ET can be used as the basis for reporting GW use.

A.A.2 Ground truth Open ET with approved water meters installed in location agreed upon with Ag users and the WRD.

A.A.3 Work with an entity to have platform up and running by April of 2023.

Replaces

Section 1 Strategy 4, Section 4 Strategy 2, and Section 4 Strategy 3 on November Version of Strategy List
The three strategies were deemed repetitive and redundant of one another
Does Strategy A summarize the main intentions of Section 1 Strategy 4, Section 4 Strategy 2, and Section 4 Strategy 3???
Alternative options…

**Alternative from Zach**

Strategy 4 in Reduce Agricultural Water Use should be deleted and combined with Strategy 2 in Local Organizations + Measuring & Reporting. It appears to fit much better there.

Objective 4: To install accountable water measurement devices on all permitted groundwater points of appropriation (excludes permit-exempt uses); To develop appropriate reporting procedures for metered groundwater points of permitted groundwater use.

Strategy 4: Develop methods to measure how much groundwater is being used for irrigation.

Recommended Actions:

Implement accountable water measurement and reporting on all permitted groundwater points of appropriation using technology appropriate for each area (e.g., sub-basin) (i.e., smart meters where voluntary agreements are enacted).

Recommend installation of real-time, accurate, and self-reporting metering (e.g., smart meters) on all permitted groundwater points of appropriation.

Find cost-share options to assist in purchasing water measurement equipment, installation, calibration, and maintenance.

Explore requiring and/or providing (depending on legal authority) incentives for installing smart meters for exempt groundwater uses, with information reported locally

Ensure that water use information is available to the groundwater user and reported to Oregon Water Resources Department and other appropriate water management agencies.

Objective 2: To install approved groundwater meters on all permitted groundwater points of appropriation (excludes permit exempt uses) to ensure proper management and accountability of groundwater resources; Develop appropriate reporting procedures for permitted groundwater points of appropriation in the GHVGAC

Strategy 2: Measure and report irrigation groundwater use to inform water management decisions and outcomes and provide accountability.

Recommended Actions:

2.1.1 In the GHVGAC, require uniform groundwater meters installed on all groundwater points of diversion, except for exempt uses, and report, at least annually, to entities TBD and OWRD

2.1.2 Approved meters correctly installed, at minimum, meeting requirements of OWRD

2.1.3 Develop a list of approved meters to use in the Harney Basin

2.1.4 Create infrastructure for smart meter compatibility and create incentives to encourage people to install smart meters

2.1.5 Find cost-share measures to assist in cost of meters and installation

2.2.1 Ensure the water use information is available to the certificate/permit-holder and reported to Oregon Water Resources Department and other appropriate water management agencies (e.g., water districts).

2.2.2 Develop a funding mechanism for collecting, reporting, and interpreting groundwater use data

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Reducing Agricultural Groundwater Use

Objective 11: Identify and collaboratively recommend, where appropriate, actions in the short term that could start reducing the amount of groundwater being pumped for irrigation in the three cones of depression (CODs )

Strategy 11: Implement efforts for reducing GW pumping in areas that have been identified to be the cones of depression in the Harney Basin as a priority

Recommended Actions:
11.1.1 Focus on educational efforts in the CODs
11.1.2 The collaborative emphasizes that OWRD should prioritize management actions in the CODs to reduce water use
11.1.3 The collaborative recommends that SWCD/NRCS and other partners prioritize irrigation efficiency funding for irrigators in CODs

From Zach: All of these appear in other strategies, right? And none of them are specific to domestic wells. I agree with these in principle, but for the purposes of this document, consider deleting this Strategy.

If we decide to keep this one, consider the following points:

From Harmony: There are more than three areas of decline. This should be more specific. I would suggest that we call them something different than "cones of depression" since that is a term that can apply even to declines at a single well.
From Lisa: Perhaps we should have a discussion re: what actions should be prioritized in areas of biggest decline. I could see two strategies: one for areas of biggest decline (eg encourage/support OWRD regulating in these areas) and one for ID’ing areas to prioritize other actions such as SWCD/NRCS funding.

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Conserving GDEs

Does Strategy 1 address Dave Banks’s points?

Objective 1: Protect and conserve groundwater dependent ecosystems to preserve their ecosystem services
Strategy 1: Implement actions to protect and conserve groundwater dependent ecosystems
Recommended Actions:

Identify and prioritize incentives (like CREP) to reduce groundwater use in areas where it would otherwise impact GDEs
When data are available, identify areas that could impact GDEs from groundwater withdrawals
Develop Collaborative consensus on managing springs on public lands for ecological benefits Manage springs on public lands (BLM, USFWS, USFS) for ecological benefits
Identify management tools that could help reduce groundwater use where it would otherwise impact GDEs.
Pursue more aggressive reductions in groundwater withdrawal in areas that affect GDEs
Assess what legal protections exist for springs

I did participate on a call with some of the facilitators and Burns Paiute Tribe (BPT) this week to help identify ground water values for aquatic species (fish/mussels), waterfowl and terrestrial species. Holly Mondo will have the language BPT staff and I worked on yesterday. Both BPT and I want to make sure that where ground water is providing habitat, such as summer thermal refuges in stream/rivers or wet meadow, springs and seeps on the landscape are maintained or improved through time. Any decline in these expressions of ground water would be a negative for those previously identified species groups. I also encouraged them to keep in mind how ground water use may affect isolated streams such as McCoy and Riddle in the south (Blitzen) and Prater, Poison, Cow in the north (east of Burns and north of Hwy. 20).

Given that, I took a scan through the strategies and did not see anything specific regarding identification and protection of seeps/springs that are providing cool/cold inputs to surface water, but again this could truly be included in the intent of the GDE Strategies. I can stretch my mind enough to see it, but some clarity would be good. 😊 These areas are vital to fish survival, and with climate change, will become even more important in the face of an uncertain future.

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Conserving GDEs

Now

Objective 2: To establish an understanding of baseline conditions for GDEs and monitor their response to water management.
Strategy 2: Implement a monitoring program for groundwater dependent ecosystems (GDEs) and priority plants and animals that depend on them
Recommended Actions:

2.1.1 Recommend that OWRD implement groundwater monitoring for the basin, and other state agencies as needed, include specifically monitoring GDEs (water table, spring flow, etc.)”

2.1.2 Request that state agencies and other organizations develop a comprehensive GDE monitoring program that includes priority species of flora and fauna

2.1.3 Utilize GDE monitoring data to inform the adaptive management and implementation of water management strategies.

Was

Objective 2: Pursue monitoring for GDEs in the Harney Basin
Strategy 2: Implement a monitoring program for groundwater dependent ecosystems (GDEs) and priority plants and animals that depend on them
Recommended Actions:

2.1.1 OWRD groundwater monitoring for the basin include consideration of the effects on GDEs

2.1.2 Develop a comprehensive GDE monitoring program that includes priority species of flora and fauna

2.1.3 Utilize monitoring data to inform adaptive management plans

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Local Organizations/Plans + Measuring & Reporting

Why is this a strategy?

Objective 4: Develop a management plan for reducing groundwater irrigation use; Reduce GW use in the Harney Basin
Strategy 4: Based on review of the USGS/OWRD GW study, consider setting benchmarks and timelines for gw use reduction by sub-area to propose to OWRD in the form of a Voluntary Agreement or other mechanisms.
Recommended Actions:

4.1.2 Compile existing strategies discussed to reduce groundwater irrigation and quantify and prioritize the actions based on their effects on groundwater use. [current work of the Collaborative]

4.1.2 Implement the conservation implementation strategy by NRCS to reduce groundwater use by 3000 acre feet/year

4.1.3 Develop and implement CREP to reduce groundwater irrigation for up to X acres....

4.1.4 Develop a water market that would have declining available shares though time (needs to be further defined)

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Local organizations/plans + measuring & reporting

Now

Objective 5: To pay for conservation and management of groundwater; To provide restitution for injured domestic wells.
Strategy 5: Research and explore idea of assessing fees for groundwater use .
Recommended Actions:

5.1.1 Research how fees have been used in other groundwater management activities in Western US and beyond.

5.1.2 From research, determine whether fee structure/system is working effectively for those locations.

5.1.3 From research, provide examples of a fee structure that could work effectively in the Harney Basin.

Was

Objective 5: To pay for conservation and management of groundwater / restitution for injured domestic wells
Strategy 5: Explore idea of assessing fees for groundwater use
Recommended Actions:

5.1.1 Due diligence re: other places that have employed fee structure (Nevada system?)

5.1.2 Should be part of a water improvement district (?)

5.1.3 OWRD/OWRC establish a water use fee system

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Improving standards + ensuring compliance �(Possibly renamed: IMPROVING ACCOUNTABILITY, COMPLIANCE AND PUBLIC PARTICIPATION)�

Now

Objective 2: OWRD, in partnership with the CBWP Collaborative, influence the mechanisms through which the Oregon Water Resources Commission could assist in reducing groundwater use in the Harney Basin
Strategy 2: Through upcoming rulemaking or otherwise, OWRD propose to OWRC the CBWP Collaborative’s community supported actions that could help them in managing groundwater sustainably and meeting statutory requirements.
Recommended Actions:

2.1.1 Utilize science-based, site-specific conditions, and cumulative effects when determining the reduction of water use by regulating well depth and capacity

2.1.2 Once a reasonably stable aquifer is defined, utilize science-based, site- specific conditions, and cumulative effects to reduce water use in areas of significant decline identified by OWRD

2.1.3 Once a reasonably stable aquifer is defined, utilize science-based, site- specific conditions, and cumulative effects to reduce water use basin- wide

Was

Objective 2: Influence the decision of Oregon Water Resources Commission in helping to reduce groundwater use in the Harney Basin
Strategy 2: Propose community supported actions for OWRD to implement (through upcoming rulemaking or otherwise) to manage groundwater sustainably and to meet statutory requirements
Recommended Actions:

2.1.1 Utilize science-based, site-specific conditions, and cumulative effects when determining the reduction of water use by regulating well depth and capacity (#10)

2.1.2 Once a reasonably stable aquifer is defined, utilize science-based, site- specific conditions, and cumulative effects to reduce water use in areas of significant decline identified by OWRD

2.1.3 Once a reasonably stable aquifer is defined, utilize science-based, site- specific conditions, and cumulative effects to reduce water use basin- wide

2.1.4 OWRD should continue to utilize science-based, site-specific conditions, and cumulative effects when considering transfers and the development of new wells.

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Improving standards + ensuring compliance�(Possibly renamed: IMPROVING ACCOUNTABILITY, COMPLIANCE AND PUBLIC PARTICIPATION)

Now

Objective 4: Water is a public resource, managed by the State; The public must have a robust opportunity to weigh in on the Department's processes
Strategy 4: Request that OWRD improve its processes related to water rights and water management to ensure opportunities for public comments and to give equal weight for the voice and comments of the general public regarding OWRD actions on groundwater permit matters
Recommended Actions:

4.1.1 Ensure public notice and opportunity for public engagement where the department reverses a decision

4.1.2 Ensure public engagement is representative of the water users in the basin and other stakeholders.

4.1.3 (THIS IS NOT THE FULL SUITE. WHAT ELSE?)

Was

Objective 4: Water is a public resource, managed by the State; The public must have a robust opportunity to weigh in on the Department's processes
Strategy 4: Strongly encourage that OWRD rebalances processes to give equal weight to the voice and comments of the general public regarding OWRD actions on groundwater permit matters
Recommended Actions:

4.1.1 Ensure public notice and opportunity for public engagement where the department reverses a decision

4.1.2 Ensure public engagement is representative of the water users in the basin

4.1.3. (THIS IS NOT THE FULL SUITE. WHAT ELSE?)

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Improving standards + ensuring compliance�(Possibly renamed: IMPROVING ACCOUNTABILITY, COMPLIANCE AND PUBLIC PARTICIPATION)

Now

Objective 5: To increase accountability and ensure that all water use occurs in compliance with a valid water right; To prevent the reactivation of water rights where five years of consecutive non-use has occurred
Strategy 5: Request that OWRD initiate cancellation of all expired permits and water rights that haven't been used in 5 years in the Harney Basin
Recommended Actions:

5.1.1 Request that OWRD collect information on groundwater use, initiate continuous cancellation process for expired permits and water rights that haven't been used in 5 years, and share information with the public

5.1.2 CBWP Collaborative request that OWRD systematically assess where non-use of groundwater rights is occurring and pursue timely cancellation of unused groundwater rights when five years of consecutive non-use has occurred

Was

Objective 5: To increase accountability and ensure that all water use occurs in compliance with a valid water right
Strategy 5: Strongly encourage that OWRD initiate cancellation of all expired permits and water rights that haven't been used in 5 years in the Harney Basin
Recommended Actions:

5.1.1 Request OWRD initiate continuous cancellation process for expired permits and water rights that haven't been used in 5 years and share information with the public

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Improving standards + ensuring compliance�(Possibly renamed: IMPROVING ACCOUNTABILITY, COMPLIANCE AND PUBLIC PARTICIPATION)

Now

Objective 7: Ensure that water permitting decisions by OWRD properly account for the over appropriation of the basin and do not make matters worse
Strategy 7: Strongly encourage that OWRD increase scrutiny of all applications (new permits, extensions, transfers) and create a process requiring review of well-deepening, all with improved public input, and not issue new groundwater permits for irrigation.
Recommended Actions:

7.1.1 Request OWRD increase scrutiny of all applications

7.1.2 Request OWRD create a process requiring review of well deepening

7.1.3 Request OWRD improve public input on processes related to new applications

7.1.4 OWRD should continue their strict review of transfers and extensions to ensure no new use results in further depletion of the groundwater resource

Was

Objective 7: Ensure that water permitting decisions by OWRD properly account for the over appropriation of the basin and do not make matters worse
Strategy 7: Strongly encourage that OWRD increase scrutiny of all applications (new permits, extensions, transfers) and create a process requiring review of well-deepening , all with improved public input
Recommended Actions:

7.1.1 Request OWRD increase scrutiny of all applications

7.1.2 Request OWRD create a process requiring review of well deepening

7.1.3 Request OWRD improve public input on processes related to new applications

Deepening wells is distinct from water rights processes - these need to be handled separately. If there is interest in restricting wells, I believe that would need to be handled through special area standards for well construction. Part of this may not be consistent with current law and policy.

Fyi – regarding public input into drilling new wells or deepening existing wells. It appears we do not currently have the authority to allow for this, so this would require a change in statute. The language in the plan would need to change to acknowledge this. I will note that the Department led efforts to update well construction statutes in 2021, which was a tremendous undertaking and a big step forward in modernizing well construction standards across the state. I would expect that calling for greater public input into well drilling would be met with significant resistance at the state level. I’m not sure to what extent this could be addressed through basin-specific special area standards for well construction (which would occur through basin program rulemaking) – that would require a follow-on discussion. Travis Kelly (copied) is our Well Construction Program Coordinator. Please feel free to follow-up with him if you have any clarifying questions.

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ADDED STRATEGY in Improving Standards and Ensuring Compliance

Objective B: To have a legal path that allows irrigation water rights to be transferred or converted to municipalities, community wells that serve exempt water uses, and/or other future potable or commercial uses.
Strategy B: Work with the OWRD during the RAC to ensure the opportunities outlined in Objective B can be established in the basin rules.
Recommended Actions:

B.B.1 CBWP Collaborative be proactive in anticipating additional commercial or potable uses of water.

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Next Steps

Still need to ensure that all issues have an associated strategy and vice-versa

Over the next month, strategies will be refined based on suggestions with a final review during the December 16 Full Collaborative meeting. An additional consensus event is planned for the December meeting where the level of support for the November suggestions to the strategy list will be gauged.

It is the goal to have an as complete as possible draft of the Groundwater Plan done by December 31.