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Strategy Edits Since November

12/16/21

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Overall Edits

  • Renumbered buckets and strategies
  • Renamed some ”buckets”
    • Local plans + Measuring & Reporting🡪 Measuring & Reporting GW Use
    • Improving Standards + Ensuring Compliance🡪 Improving Accountability, Compliance, and Public Participation
    • Still considering to recategorize those strategies having to do with OWRD and the RAC into a new bin titled something like “Engaging in the Planning Process…”

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Significant Edits + Other Considerations

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Reminder: Strategy we eliminated during Nov Meeting.

  • 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 Focus on educational efforts in the CODs
    • 11.2 The collaborative emphasizes that OWRD should prioritize management actions in the CODs to reduce water use
    • 11.3 The collaborative recommends that SWCD/NRCS and other partners prioritize irrigation efficiency funding for irrigators in CODs  

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Consider deleting Section 1, Strategy 8. Would have to delete issue associated with this strategy… (pg. 3)��Is this a GW solution to a SW issue?

  • Objective 8: To prepare for and strategically manage groundwater resources during drought events in a way that helps to meet the short-term needs of the Harney basin’s people, ecosystems, and economy, while helping to keep the basin on track with long-term groundwater-level goals
  • Strategy 8: Develop a plan to help mitigate and respond to the impacts of drought on the basin’s groundwater (meteorological, hydrological, precipitation and seasonal weather)
  • Recommended Actions:
    • 8.1 Collect and summarize information to help understand how the Harney Basin is affected by and responds to the impacts of drought events, as related to water supply and use.
    • 8.2 Develop a basin plan with specific actions and tools to help mitigate and respond to meteorological drought impacts. Develop this plan in conjunction with, or as part of, the Harney County’s Natural Hazards Mitigation Plan, based on the Harney Community-Based Water Plan, and in consideration of other drought plans from similar basins (e.g., temporary fallowing programs for groundwater irrigated fields during times of drought).
    • 8.3 Collect measurements that can be used to ground-truth remotely sensed and airborne data, and develop higher resolution Groundwater Drought Indicator Maps for the Harney Basin through the National Integrated Drought Information System (NIDIS)
    • 8.4 Explore the accuracy and utility of Arizona’s long-term drought mapping methods, and consider supporting similar methodology for Oregon to help provide drought projections for the Harney Basin

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Repetitive. Holly + Ken suggest deleting Section 5, Strategy 6.

Section 5, Strategy 1 (pg. 8)

  • Objective 1: Work with OWRD to prioritize compliance to ensure all water is being used legally within accordance of permit and certificates and has accountability to OWRD and the public; Ask OWRD to demonstrate all water use is accounted for so we can implement other parts of the water plan
  • Strategy 1: Work with OWRD to enact improvements in its enforcements of water rights and well construction standards in a publicly transparent manner
  • Recommended Actions:
    • 1.1 Ensure all permits conditions and water use limits are met
    • 1.2 Ensure all water right data, including water use data as required, is up to date and publicly available
    • 1.3 Ask Harney County to ask OWRD to enforce certificate conditions
    • 1.4 Include a recommendation for enforcement in the integrated plan
    • 1.5 Enforce well construction standards
    • 1.6 Support OWRD in ensuring that all illegal water use ceases

Section 5, Strategy 6 (pg. 11)

  • Objective 6: Ensure that OWRD implements its permitting and enforcement authorities in a manner that recognizes that the basin is over-appropriated and exercises its authority and discretion to limit or cease additional groundwater use.
  • Strategy 6: Request OWRD use data from the Groundwater Study to make sure that permit transactions do not result in additional declines in static groundwater levels
  • Recommended Actions:
    • 6.1 Request that OWRD develop criteria based on groundwater data that would protect groundwater levels and inform the likelihood of permit actions
    • 6.2 Request that OWRD explore regulatory approaches that protect domestic and stock water wells and groundwater dependent ecosystems in decision making
    • 6.3 Explore ways in which non-exempt well deepening could be limited by either community recommendations or State action to prevent further depletion of the aquifer

To Consider on Section 5: Improving Accountability, Compliance, and Public Participation

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Holly suggests deleting Section 6, Strategy 2 due to repetitiveness of Section 6, Strategy 1

Section 6, Strategy 2 (pg. 13)

  • Objective 2: Building upon the Groundwater Study, identify information gaps that affect groundwater management
  • Strategy 2: Identify ongoing needs for further research and information, including evaluating above and below ground conditions periodically
  • Recommended Actions:
    • 2.1 Use existing information and models to identify additional information necessary for effective management

Section 6, Strategy 1 (pg. 12)

  • Objective 1: Continue to learn about groundwater conditions in the Harney Basin.
  • Strategy 1: Advocate for additional information with early focus on groundwater dependent ecosystems and economic effects of changing groundwater uses. When the USGS/OWRD groundwater study is available, identify other information needs.
  • Recommended Actions:
    • 1.1 Using the Step 2 documents, identify information needs and prioritize those that have a direct implication for groundwater management
    • 1.2 Clearly identify what is known about aquifer structure as well as what is unknown about the structure, boundaries, and groundwater movements.
    • 1.3 Recognize that most of the groundwater used is ancient and for all practical purposes non-renewable.

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Ken + Holly tasked with working through this one together and proposing a route forward to the Collaborative in December. Our proposal:

  • Eliminate Section 4, Strategy 4 (Not on December version of Strategy List).
    • Reducing GW use from irrigation is a strategy in and of itself
    • “Setting benchmarks and timelines for GW use reduction” added to Section 1, Strategy 1, RA 1.5.

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 (different word here-- potential management areas) to propose to OWRD in the form of a Voluntary Agreement or other mechanisms.🡪 is this a goal or strategy?? Feels like a piece of the plan…
  • Recommended Actions:

4.1.1 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  🡪 covered in improved technology strategy🡪 moved

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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Minor Suggested Edits on Strategies

  • Strategy 1, RA 1.5 (pg. 1): Set benchmarks and timelines for reducing groundwater use.
  • Section 1, Strategy 5 (pg. 2): Support as a collaborative the CREP program described in the application to FSA and encourage voluntary enrollment by water users.
  • Section 2, Strategy 1, RA 1.1 (pg. 4): Utilize background information to request funding (for specific actions) from legislature for domestic well users experiencing decline in water quantity/quality that has been affected by declining groundwater levels to remedy well issues identified by the well owner.

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Major Edits on Section 4: Measuring + Reporting Groundwater Use Strategies

  • In November, the Collaborative recognized that 2 strategies regarding measuring and reporting were repetitive of one another and also couldn’t come to an agreement on combining OpenET with measuring and reporting or keeping separate.

  • The Collaborative tasked a smaller group with determining a route forward
    • Smaller group decided to combine 2 repetitive strategies regarding measuring and reporting. They added significant detail and clarity to the newly formed strategy.
    • Smaller group decided to keep separate strategy regarding OpenET.

Measurement & Reporting Strategies + Open ET

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Major Edits on Section 4: Measuring + Reporting Groundwater Use Strategies

New Measuring + Reporting Strategy (pg. 7):

Objective 3: To install accountable water measurement devices on all non-exempt groundwater points of diversion; To develop appropriate reporting procedures for metered non-exempt groundwater points of diversion

Strategy 3: Measure and report irrigation groundwater use to inform water management decisions and outcomes and provide accountability. These measures are intended to inform adaptive management of strategies but are not intended to replace or substitute for any regulatory requirements that OWRD may have or impose.

Recommended Actions:

3.1 In the GHVGAC, require real-time, accurate, OWRD-approved groundwater meters installed on all groundwater points of diversion, except for exempt uses, and report water use from each meter annually to OWRD. Meters should utilize digital data loggers (e.g., USB-compatible) to reduce reporting burden on water users and ensure consistency.

3.2. Create a system to promptly identify and promptly address broken, damaged or improperly calibrated meters. Create a process to consult with technical experts (including OpenET founders, OWRD, USGS) to determine whether OpenET could serve as a temporary substitute for broken, damaged, or improperly calibrated meters until they can be fixed to meet the desired purpose of the data and the limitations and appropriate uses of that data; utilize OpenET data in accordance

3.3 CBWP Collaborative distribute information on Oregon Water Measurement Cost Share Program (and other incentive and cost-share opportunities) to assist in uniform measurement.

3.4 CBWP Collaborative explore whether cost-share measures are available to assist in reporting and reporting technology

3.5 Ensure the water use information reported to OWRD is available to the certificate/permit-holder

3.6 Where possible within the GHVGAC, install self-reporting telemetry (e.g., smart meters) to automate reporting of water use to OWRD and certificate/permit-holder.

3.7 If it is confirmed by the appropriate technical agency experts that metering is impossible for water use from a specific well, convene a technical committee of technical agency experts and stakeholders (i.e. OpenET founders, OWRD, USGS, others). The technical committee will determine a process to achieve water use measurement either through requiring changes in plumbing or through other water use measurement (such as OpenET) that meets the purpose of the data; for any PODs determined by the committee to use a significant amount of water, require changes in plumbing and installation of a meter. Sources of cost-share and incentive funding will be sought for cases requiring changes in plumbing.

3.8 CBWP Collaborative advocate for OWRD to interpret groundwater use data, report to the community and interested stakeholders, and utilize information in management actions

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Major Edits on Section 4: Measuring + Reporting Groundwater Use Strategies

New OpenET Strategy (pg. 6-7):

Objective 2: To use remote-sensing devices to explore groundwater hydrology in the Harney Basin for purposes of applying the information provided for water management.

Strategy 2: Explore how OpenET or other remote-sensing applications could be used as a tool to assess water use.

Recommended Actions:

2.1 Continue participation of the Harney Basin as a pilot project of OpenET

2.2 Compare OpenET data with OWRD-approved water meter information to assess the effectiveness of OpenET, to potentially monitor water use in fields that are irrigated by temporarily broken meters, and to potentially monitor water use for points of diversion that did not have appropriate plumbing (in consultation with a technical committee described in Section 1, Strategy 11). Assess the ability of OpenET to measure water use of unmetered PODs adjacent to metered PODs; use that information to adaptively manage the implementation of the metering and reporting strategy.

2.3 Explore how OpenET can be used for understanding and transparently communicating groundwater use in the GHVGAC

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  • Objective  5: To pay for conservation and management of groundwater; To provide restitution assistance for injured domestic well users that are experiencing **failing wells.
  • **define failing 🡪 How do we determine why a well has failed? And does this suggest we should also help irrigators with their failed wells. Just carrying this to the ultimate conclusion.
  • 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.

Encourage OWRD to create statute language to provide assistance for injured domestic well owners

Was (November)

The smaller group tasked with determining a route forward decided to split this strategy into two parts: one specific to assessing fees and the other specific to domestic wells.

Major Edits on Section 5: Improving Accountability, Compliance, and Public Participation

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Assessing fees + *NEW* strategy re: domestic wells

Domestic wells: Included in Section 2 (pg. 5)

  • Objective 3: To ensure our community has adequate and safe domestic water
  • Strategy 3: To provide financial and technical solutions to domestic well users experiencing declines in groundwater quantity/quality to remedy well issues without going through a Burden of Proof
    • -or- …quantity/quality resulting from declining groundwater levels
  • Recommended Actions:
    • 3.1 Explore an insurance-based approach funded through water use fees
      • -or- …fees where all users pay a fee based on water use for the insurance fund
    • 3.2 Explore additional ways to generate funding for domestic well owners
      • -or- Explore how an insurance fund could be administered locally
    • 3.3 Continue discussions on eligibility, coverage, and administration of the insurance fund

  • Objective 7: To pay for conservation and management of groundwater.
  • Strategy 7: Research and explore idea of assessing fees for groundwater use.
  • Recommended Actions:
    • 7.1 Research how fees have been used in other groundwater management activities in Western US and beyond.
    • 7.2 From research, determine whether fee structure/system is working effectively for those locations.
    • 7.3 From research, provide examples of a fee structure that could work effectively in the Harney Basin.

Assessing fees: included in Section 5 (pg. 11)

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Was (November)

  • Objective 2: Ensure the Collaborative is represented and the strategies proposed in the CBWP Groundwater Plan are considered by the rules advisory committee when changes to the groundwater rules are being considered
  • Strategy 2: Work with OWRD to ensure that Collaborative members are represented and Collaborative developed strategies are presented to the rules advisory committee when considering groundwater management rulemaking
  • Recommended Actions:

2.1.1 Work with OWRD on the composition of the rules advisory committee (i.e CBWP Collaborative propose names of Collab members for OWRD consider to participate in the RAC).

2.1.2 Identify and prioritize strategies and present them to the rules advisory committee

Now (December) (pg. 9)

  • 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
  • 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.

Major Edits on Section 5: Improving Accountability, Compliance, and Public Participation

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Now (December) (pg. 10)

  • Objective  4: Water is a public resource and its legal use is 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 (November)

  • Objective 4: Water is a public resource, managed by the State; The public will have a robust opportunity to weigh in on the Department's processes
  • Strategy 4: CBWP Collaborative work with OWRD to improve opportunities for public comments and to give meaningful consideration to the voice and comments of the general public regarding OWRD actions on groundwater permit matters and groundwater management
  • Recommended Actions:
    • 4.1 Request that OWRD convene a working group (on a timeline that fits with the rule making process no later than July 2022) with members of the community and stakeholders to identify areas where public participation opportunities could be improved and methods to make those improvements. The working group should address issues included but not limited to the following:
      • Ensure public notice and opportunity for public engagement where the department reverses a decision
      • Ensure public engagement is representative of the water users in the basin and other stakeholders.
      • Provide information to the public on how to: navigate the public input process, provide effective input on agency decisions, and understand how comments are acknowledged and used.

Major Edits on Section 5: Improving Accountability, Compliance, and Public Participation

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�Was (November)

  • 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.  
  • To develop relatively stable gw levels
  • Similar to other public input strategy?
  • Recommended Actions: actions that would limit gw levels

7.1.1 Request OWRD increase scrutiny of all applications🡪what does this mean? What do we want OWRD to do differently?? More staff? New rules?

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 

Explore the possibility of adding legislation to review well deepening?

Was

  • Objective 6: Ensure that OWRD implements its permitting and enforcement authorities in a manner that recognizes that the basin is over-appropriated and exercises its authority and discretion to limit or cease additional gw use
  • Strategy 6: Request OWRD use data from the GW study to make sure that permit transaction do not result in addl declines in static gw levels
  • Recommended Actions:
    • 6.1 Request that OWRD develop criteria based on gw data that would protect gw levels and inform the likelihood of permit actions
    • 6.2 Request that OWRD explore regulatory approaches that protect domestic and stock water wells and groundwater dependent ecosystems in decision making
    • 6.3 Explore ways in which non-exempt well deepening could be limited by either community recommendations or State action to prevent further depletion of the aquifer

�Now (December) (pg. 11)

Major Edits on Section 5: Improving Accountability, Compliance, and Public Participation

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Major Edits on Section 5: Improving Accountability, Compliance, and Public Participation- *NEW* (pg. 12)

  • Objective  8: 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 that assists in reducing use of groundwater
  • Strategy 8: Work with the OWRD during the RAC to ensure the opportunities outlined in Objective B can be established in the basin rules.
  • Recommended Actions:

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

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Couple comments from Harmony to address…