Oregon Board of Agriculture Receives Update on ODA LUBGWMA Rulemaking: What It Means For the Basin

On Friday, September 5^th, The Oregon Board of Agriculture heard from Department of Agriculture (ODA) staff about ODA’s LUBGWMA rulemaking process currently being conducted. As you may recall, the rulemaking is part of ODA’s commitments in the Oregon Nitrate Reduction Plan: Oregon’s plan to address current loading of nitrates in the Lower Umatilla Basin. The rule proposes that farmers of any size in the Basin have a nutrient management plan that they follow and make available for review by ODA.

The rulemaking process has had strong engagement between the agency and public, however, concerns have been raised regarding the privacy of data, the meaningfulness of requirements, and the cost of new monitoring mandates. Staff, in its presentation to the board, stated that purpose of the rulemaking is to provide suggestions and a framework for nutrient management plans, but not to impose specific requirements. The compliance point for this rule would be the requirement that landowners have a nutrient management plan. Department staff also stated a clear goal and direction to protect landowners’ privacy by making the nutrient management plan and any related monitoring and sampling being held private and not a public record.

Source: USGS

H2OEO and other agricultural stakeholders provided comments at the board meeting both verbally and in writing. H2OEO and the ag sector remain committed to protecting groundwater. As a sector, the agricultural sector does not believe it is actively contributing nitrates to groundwater. Much of the nitrates we see in groundwater today are legacy nitrates from activities - agricultural and otherwise - generations ago.

“Farmers today have made massive progress in improving water quality and efficiency, especially through the use of modern technology and responsible nutrient management. If you talk to many farmers and landowners throughout the Basin, they will be the first ones to tell you that they have already implemented many of the practices being recommended in the ODA rulemaking on their own,” says H2OEO executive director Justin Green. "While we see that this rulemaking is well-intentioned, we also think it should fully acknowledge the hard work of the region’s farmers when it comes to responsible agriculture practices.”

This rulemaking is just one part of the state’s Nitrate Reduction Plan, which can be found here. The Plan addresses current loading of nitrates but for nitrate concentrations in groundwater decrease, aquifer restoration and recharge projects need to be implemented to remove high nitrate groundwater from aquifers and replenish aquifers with fresh water.