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Committee hears competing views on bill to allow small-scale sales from domestic wells

April 07, 2025 | Agriculture, Land Use, Natural Resources, and Water, House of Representatives, Committees, Legislative, Oregon


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Committee hears competing views on bill to allow small-scale sales from domestic wells
House Committee Co-chair Helm and Co-chair Owens and members heard more than a dozen witnesses on House Bill 3,372 (dash 5), a proposal to authorize limited commercial irrigation from domestic wells.

The bill’s dash‑5 amendment would allow exempt well users to withdraw up to 3,000 gallons per day to irrigate up to one‑half acre of lawn, a personal garden or a commercial garden. Proponents said the change fixes an inconsistency in Oregon law that permits many other commercial uses from domestic wells but bars sale of garden produce from those same wells.

Alice Morrison, representing Friends and Family Farmers, told the committee, “It is legal in Oregon to use however much domestic well water you want just to have green grass on a half acre,” and argued that the statute should allow small producers to sell food they grow. Christopher Hall, executive director of Water League, said domestic water supplies account for about 1% of total annual diversions and that domestic wells should be permitted to supply small direct‑market agriculture without triggering a rush of new use.

Speakers from farmers markets, local conservation districts and small farm operators described real‑world impacts. Michelle Townsend of the Oregon Farmers Market Association said the change would “help ensure that food is protected as an essential use of Oregon’s water resources.” Jason Kesseling, district manager of the Harney Soil and Water Conservation District and a small farmer, said his quarter‑acre operation used about 235 gallons per day in the hottest month and urged relief for small growers in food‑desert areas.

Opponents cautioned about groundwater impacts and the absence of review or monitoring for exempt wells. Kimberly Priestley of Water Watch of Oregon said exempt wells “provide a loophole to modern permitting requirements” and argued the state should instead be restricting exempt wells where they are hydraulically linked to streams or where cumulative effects are unexamined. Ryan Crabill, testifying for the Oregon Farm Bureau, said the bill “creates a parallel track” that could bypass modern rules requiring scientifically credible data for new groundwater uses.

Witnesses and committee members repeatedly returned to two facts: (1) under current statute an exempt domestic well can be used for some commercial activities (5,000 gallons per day is the prior commercial cap cited in testimony) but historically has not been allowed for selling agricultural produce from half‑acre gardens, and (2) domestic wells make up the large majority of wells in Oregon (testimony cited that domestic wells constitute about 88% of wells but roughly 4% of groundwater diversions).

Committee members asked for data and context. Representative Marsh and others requested information on how many small farms already hold water rights and whether expanding exempt uses would alter incentives. Co‑chairs and staff said the committee would follow up with agency and census data.

The committee closed the public hearing after the testimony and did not take a final vote on the bill. Co‑chairs said they would carry remaining related bills and return to work on April 9 for additional hearings and follow‑up information.

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