Proposed ODA LUBGWMA Rulemaking Released for Public Comment

On October 31st, Oregon Department of Agriculture published its proposed LUBGWMA rules for public comment. Interested parties have until 5:00pm on December 22nd to submit comments on the proposed rule. As provided by ODA, “the rules contain those actions necessary to prevent or minimize nitrate leaching to groundwater.”

Overall, the rules are important to show the state and the public that farmers in the Basin are responsibly using fertilizer and irrigation to protect groundwater. H2OEO members pride themselves on the modern technologies they have adopted to protect groundwater and efficiently use fertilizer and irrigation water.

The rules begin with a general prohibition of applying fertilizer “to agricultural land within the LUBGWMA in a manner that causes pollution of the groundwater of the state or in a manner that places wastes in a location where such wastes are likely to escape or be carried into the groundwater of this state.” One of the primary methods provided in the rules to protect groundwater is requiring landowners to employ nitrogen management measures when applying fertilizer, also known as utilizing a nutrient management plan.

Plan requirements include taking a soil sample prior to fertilizer application each calendar year to measure available nutrients and documenting fertilizer application information (dates, volumes, weather conditions, soil moisture, and the targeted agronomic rate for crop production). Landowners are required to retain application records for five calendar years. The records are not required to be submitted to ODA, but they must be available during an inspection or site visit. Another prohibition in the rules is applying fertilizer to frozen fields, saturated, or expected-to-be-saturated fields, or if the water table is within 12 inches of the land surface.

As the rules relate to irrigation, a landowner “shall manage irrigated agricultural land to minimize the downward movement of nitrate in the soil by managing irrigation water so that the amount of water applied from the combination of precipitation and irrigation does not exceed the field capacity of the soil beyond the crop root depth.” The rules require landowners “[as] consistent with applicable water rights of record” to base irrigation activities on field capacity, soil root depth, distribution uniformity, and other provisions. The rules further require irrigation rates and volumes to be controlled based on “the transport of nitrate through the soil profile to groundwater” and matching rates and volumes with the crop demands and soil infiltration rates.

The rules continue with requirements for animal pasturing, filing a certification that a nutrient management plan has been developed each calendar year and for post-harvest plan assessments. Part of the regulatory process provided in the rules is that a nutrient management plan be developed, followed, documented, and then assessed each year. The assessment process is there to determine if changes are needed to the next year’s management and to incorporate lessons learned.

For landowners who need assistance with meeting rule requirements and effectively implementing a nutrient management plan, ODA has implemented the Strategic Implementation Area (SIA) process. Pursuant to the SIA process, ODA inventories farm operations and works with individual farmers on best management practices.

​December 15, 2025​ - In Person and Virtual Options: 5:30-7:00 pm

​An informational hearing starts at 5:30pm and will be followed by a public comment hearing both in person and virtually.

In person: SAGE Center, 101 Olson Rd NE, Boardman, OR 97301

Hearing link, ID: 274 507 130 739 0, Passcode: wD7nb9dM

Meeting call-in number: +1 503-446-4951,,167483367#

​December 16, 2025 - Virtual Only: 5:30-6:30 pm

Hearing link, ID: 282 286 813 697 7, Passcode: cS6jM2Ga

Meeting call-in number: +1 503-446-4951,,540814150#​