Reshaping Oregon’s Groundwater Management: Q&A

Last session, OEC passed two bills-SB 1154 and HB 3525-that we've been working on with partners like Oregon Association of Clean Water Agencies and Verde for nearly a decade! It's a huge win for the future of water in Oregon. OEC's Karen Lewotsky explains:

Let's start with SB 1154. Can you describe the bill, what it changes, and give a little background and history?

In 1989, the Oregon legislature passed the Groundwater Quality Management Act, which was designed-or at least intended-to make sure that groundwater quality was dealt with similarly to surface water. We want to keep it clean. Unfortunately, it didn't include any accountability for the agencies, or clearly designate whose responsibility various roles were. So frankly, it wasn't very effective. We've seen that in the Lower Umatilla Groundwater Basin, where people are still drinking contaminated water after 30 years-and more importantly, the water is still being contaminated because we haven't figured out how to deal with it.

The goal of 1154, brought by the Governor's office, was to improve-not get rid of-the statute. It clarifies agency roles, establishes benchmarks for accountability, and sets up a green-yellow-red evaluation system. Green is safe, yellow is a warning, and red means things are bad. OEC worked closely with the Governor's office and other stakeholders to ensure environmental justice, while also considering agriculture and industry challenges. No bill is perfect. But thanks to the partnership of Governor Kotek and other stakeholders, we've taken groundwater quality management from the 1900s into the 2000s in a way that can protect Oregonians.

What are some concrete ways this bill will affect Oregonians?

First off, the green-yellow-red approach means we have an interim step: with "yellow" zones, we say, "Something might be wrong, let's pay attention." For these cases, the bill carefully lays out how agencies do outreach, voluntary pollution reduction, and education, especially for people using domestic wells. Once an area is designated "red," agencies take stronger steps. I.e. they've tried working with people-now they regulate.

It's important to say this: groundwater pollution doesn't only come from agriculture. It can come from industry, leaking septic systems, and more. The point isn't to point fingers. What's good about SB 1154 is that it triggers outreach and solutions for all the possible pollution sources-no matter who's responsible.

How long as OEC been working on the issues related to SB 1154?

OEC has been working in the Lower Umatilla Groundwater Management Area since 2015. That's important, because it shows how we work. We got involved on the ground so we could understand how the statute and its programs were being implemented. We listened to stakeholders and saw what wasn't working. We brought that knowledge back to the policy level to help shape a program that addresses real issues. And being on the ground also means we help people understand what the law says and hear firsthand about the consequences-economic, physical, and emotional. We use our policy tools to help.

How does HB 3525 relate to all of this?

Our years on the ground helped us understand peoples' concerns. One of the biggest: "What if I'm a renter using a domestic well and I don't even know what's in my water?" Renters assume the place they're living in is safe. But there's nothing requiring a landlord to tell a tenant if the well water is contaminated.

Since 2017, we've been trying to put something in place to protect renters. That's why, this session, we worked closely with Representative Hartman to pass HB 3525, which requires landlords to test and report well water quality. While the bill ended up requiring testing and disclosure only in groundwater management areas (i.e. "red" zones), work to get it implemented in more parts of the state is already underway. It's a huge step forward.

What comes next?

With these bills, we've really reshaped how Oregon manages groundwater quality- a badly needed win, especially for rural Oregonians. But there is so much left to do to ensure safe, plentiful and affordable water. That means better coordination between state agencies, increased water conservation and reuse, and intentional, inclusive focus on projects that protect this resource, and provide resilience in the face of changing rainfall patterns. We need continued input from stakeholders across the state to make this forward-looking progress possible.