Aug 7, 2023 | News
The Observer | August 7, 2023
LA GRANDE — The future of groundwater rights and quality in Eastern Oregon was discussed by policymakers, government staff members and stakeholders at the 2023 Eastern Oregon Economic Summit on Friday, Aug. 4.
During the second day of the summit, two panels of water experts presented updates and answered audience questions about groundwater issues in the lower Columbia River Basin in Zabel Hall on Eastern Oregon University’s campus.
Rep. Mark Owens, R-Crane, began the first water panel — which discussed groundwater quantity in the region — by adding his personal stake as a first generation farmer in Harney County.
“I built the farm wanting to give it down to my family, my kids,” he said. “My kids will not farm groundwater in Harney County. It’s not going to happen.”
In April 2022, the Oregon Water Resources Department and the U.S. Geological Survey released a study of the groundwater resources in Harney Basin, citing that groundwater use in the lowlands was exceeding recharge by about 110,000 acre-feet/year.
There are no numbers to tell if the same is happening in the lower Umatilla Basin.
Ahead of a decision to amend Division 10, Oregon Administrative Rules on critical groundwater areas, farmers and landowners with domestic wells fear having their wells shut off.
“Fifty-two percent of the state of Oregon doesn’t have the information in order to determine if water is available or not,” Owens said. “Why is the (Oregon Water Resource Department) entering groundwater, if they don’t have the data that’s available?”
Oregon Farm Bureau Vice President of Government Legal Affairs Lauren Poor said that although she has concerns of how groundwater is being allocated in the county, the bureau wants to make sure to protect senior water rights holders — namely, farmers and ranchers.
Fourth-generation farmer Jake Madison’s family well was shut off in the 1980s when their land was deemed to be in a critical groundwater area.
“It was a life changing event for a lot of farmers in the area,” he said.
However, his family managed to survive by collecting floodwater from a creek on their land during the spring, purifying it and then “shoving” it down into engineered basalt basins under their land to be used during the summertime.
He said that now, updated technology and the U.S. Department of Agriculture’s Natural Resources Conservation Service can help farmers with innovative solutions if their wells are shut off.
Water quality
Another panel focused on the quality of groundwater in light of the Morrow County nitrate pollution issue.
The Lower Umatilla Basin Groundwater Management Area is working with Gabriela Goldfarb of the Department of Environmental Quality — and who is “on loan” to Gov. Kotek’s office — and others to help the affected community.
Goldfarb said that there is scientific evidence that anywhere above 10 milligrams per liter of nitrates in drinking water can cause short-term (less than a year) health issues such as miscarriages in pregnant women or long-term ones like bladder and stomach cancers and thyroid conditions.
“We know that nitrate affects the ability of blood to carry oxygen,” she said.
Umatilla County Commissioner Dan Dorran said that DEQ Director Leah Feldon directed funds from the governor’s budget towards dedicated staffing to help with the LUBGMA and that Kotek has reaffirmed her support for the area as well.
“During the 2023 legislative session, the Governor advocated for $8 million dollars in agency budgets to be dedicated to free testing, treatment, and water delivery for residents of the LUBGWMA. The Legislature funded this request,” Kotek press secretary Anca Matica said in a statement.
According to the statement, Kotek’s goal is to offer every household in the LUBGWMA water testing, treatment and delivery (if test results are higher than 10 mg/L), by September 30th.
Goldfarb predicts that intermediate solutions and alternative sources of safe water for the area will be available to the community in about a decade.
May 31, 2023 | News
Malheur Enterprise | May 31, 2023
SALEM – Democratic leaders in the Legislature have announced they’d allocate $110 million to confront Oregon’s drought and water security issues for the next two years.
It’s less than half of what the budget’s authors, Reps. Ken Helm, D-Beaverton, and Mark Owens, R-Crane, had initially proposed in March. The two wanted $250 million for at least 25 proposals that would tackle dwindling groundwater supplies for agriculture, address drinking water contamination and ensure the health of critical fish and other aquatic species around the state.
The bipartisan duo are chair and vice chair of the House Committee On Agriculture, Land Use, Natural Resources, and Water. Helm told the Capital Chronicle $110 million is about one-third of what the state actually needs to spend on drought and water issues in the next biennium to address water emergencies and prepare for the future.
“What we really need is a fund that stretches from beyond the current biennium and bridges multiple, with a funding stream that is relatively safe,” Helm said.
The announcement of state funding for drought and water issues arrived just a day before Gov. Tina Kotek’s seventh and eighth emergency drought declarations of the year. On Friday, Kotek added Lake and Sherman counties in southern and central Oregon to a list that includes Crook, Deschutes, Grant, Harney, Jefferson and Wasco counties. Such declarations unlock additional financial and technical resources from state agencies for local water systems and for industrial and agricultural water users. Oregon has been in a “megadrought” since 2000, the state’s longest drought in 1,200 years, according to the Oregon Water Resources Department.
If approved, the $110 million investment would cover at least nine proposals to assist in local water planning strategies, fund Oregon State University to offer technical assistance to farmers to use water more efficiently and pay for studies and planning to store water in underground aquifers, according to a news release from House Speaker Dan Rayfield, D-Corvallis and Senate President Rob Wagner, D-Lake Oswego.
Many of the investments are targeted at projects where state funds can be used to bring in matching federal dollars from the Infrastructure Investment and Jobs Act passed by Congress in 2021.
Owens’ water policy adviser, Harmony Burright, said specifics about what all the $110 million would fund are with the Democratic leaders.
“They’re working on rolling out the details of the package,” Burright said. “Unfortunately our office likely won’t have it in advance of what is shared publicly.”
In a news release, Owens said the investment was a “critical down payment” from the state to help communities adapt to a future of increasing water scarcity.
“We live in a water-constrained environment and the water-related challenges we face will only get more intense,” he said.
Feb 19, 2023 | News
Ontario Community Recreation Center hearing, fixes for small school boards and farmland in focus
Leslie Thompson | Argus Observer | February 19, 2023
ONTARIO — Andrew Maeda, executive director of Ontario Recreation District traveled to Salem for a public hearing this week and it went well. That was one piece of a large update Wednesday morning on how things are going in Oregon’s legislative session.
Providing the update and opportunity to dialogue were Dist. 30 Sen. Lynn Findley, R-Vale, and Dist. 60 Rep. Mark Owens, R-Crane. Their respective districts include Malheur County.
Thanks to co-hosts Ontario Area Chamber of Commerce and Treasure Valley Community College, the Legislative Hotline is expected to continue the third Wednesday of each month through the session, with other cities or counties in the lawmakers’ districts eventually getting patched in, too. The meetings will be in the Hanigan Board Room in the Laura Moore Cunningham Science Center at TVCC. This is the same room where the TVCC Board of Education holds its monthly meetings.
Findley said the pace of the session, which is in its fifth week, has picked up significantly, with some bills now going across chambers. The first deadline is two weeks away to read the bills or they start dying.
With about 4,000 bills, Findley noted, that will be a good thing. Owens remarked how each legislative committee has been assigned about 90 bills and won’t be able to get to them all.
Today marks the final day for Legislative Concepts to get out of the office for introduction.
This coming Tuesday is the expected day for the revenue forecast for February, which will “get us rolling” on the budget. That forecast is expected to set the stage and Findley said “there’s a lot of apprehension we may be in a deeper hole that we thought.”
Owens pointed out how more contentious bills are going to be coming down the pipeline in the next week; however, added that the atmosphere at the Capitol has “been more bipartisan.” He said that is intentional on the Democrat leadership, with conversations happening on everything from “the most conservative bill to the most liberal bill.”
“Which I haven’t seen before this session,” Owens said, adding that it was a good thing.
The majority party is allowing hearings on bills that would never have had hearings before and “setting a more positive tone in the building.”
Rec center bill picks up bipartisan support
Findley and Owens are chief sponsors of House Bill 2410 aimed at getting lottery bonds to build the Ontario Community Recreation Center which had a hearing on Tuesday. There are currently 59 written comments in support of it, all from citizens in the Ontario area.
The hearing was held on Tuesday by the House Committee on Emergency Management, General Government and Veterans. HB 2410 authorizes the issuance of $4.5 million in lottery bonds to facilitate the construction and project management of the Ontario Community Recreation Center.
Owens noted how they had heard some questions from other lawmakers about why they needed to have a hearing on a bill for a capital construction request. He said sometimes those requests come with a compelling story, like Ontario’s, and need help from the community in pushing it through Ways and Means.
Findley said that the hearing was “excellent,” and that he heard from some of the majority party afterward.
“It’s gaining bipartisan support,” he said, noting how that was important as lawmakers would have to hone down what projects they will allocate funding to. HB 2410 carries an emergency declaration.
Findley said that he got a call from Maeda on Sunday asking whether he should attend in person or virtually.
“I don’t think you can beat in person,” Findley said, emphasizing how it help with networking.
Owens said Maeda “did a great job” at the hearing and Findley commented how Maeda stood in the hallway afterward and had at least three lawmakers come by and shake his hand, telling him he did a good job.
Findley said he knows how hard it is to travel from Malheur County to Salem, which takes 7 to 8.5 hours.
“It’s a big commitment to come, and sometimes it’s worth it,” he said. “We’re happy with how the hearing went and we’ll see how it goes.”
Bills with legs include fix for small school boards
There are a lot of bills floating around for eastern Oregon and some for Malheur County “have some legs,” according to Findley.
This includes mirror bills, Senate Bill 66 and House Bill 2505, both of which aim to allow municipalities to raise up the local tax collected on the sale of marijuana goods and bills on exemptions for the corporate activity tax, a bill regarding what to do with batteries from electric vehicles; and House Bill 2689 that would allow processing of 1,000 meat rabbits or fewer to be sold for local meat (that stemmed from a 13-year-old from Baker County who raises rabbits).
One that received unanimous support was House Bill 2764 A, which came about due to Michael Vaughan, who went missing at the age of 5 near his home in Fruitland, Idaho, in July of 2021. He still has not been found.
The bill would create a stopgap for persons not eligible for Amber Alerts, but who may still be missing or endangered.
“Remember Michael Vaughan? Idaho like all 50 states, couldn’t issue an Amber Alert because there was no suspect vehicle and a lot of things, they couldn’t put out, basically what I call and APB,” Owens said.
He noted that Idaho and Washington have since created a new system and that Oregon had started on that journey with four amendments now combined into one.
The bill would allow Oregon State Police to craft a missing and endangered response. Owens noted that there are typically 1,300 people on the missing endangered list, this bill should hopefully reduce that. The bill passed unanimously in the House and was referred to the Senate Labor and Business committee on Thursday.
Another bill Owens is hopeful will pass is House Bill 3203, floated by Dist. 56 Rep. Emily McIntire. That bill would be a fix to a bill that was passed in 2022 which requires school board members to fill out Statement of Economic Interest forms. That law goes into effect April 15.
“For a lot of our farmers and ranchers, it’s pretty obnoxious,” he said. “We got calls from Arock, Jordan Valley, Crane, Nyssa, with ‘What is this? We will resign before the April 15 deadline.’”
HB 3203 would exempt board members in schools with 7,500 or fewer students. While that wouldn’t cover Baker or Ontario, it would help out those smaller, more rural districts.
Owens said they fought against the bill last year on behalf of small school districts, but “got railed hard.” But now, with so much pushback from members of small boards, the lawmakers made their case for an exemption. Owens says it is expected to pass through both chambers; However, it’s unknown if it the governor will be able to sign it by April 15 when the new rule kicks in.
“We will make sure there are no fines” for people in small school districts who have not filled them out by then.
Rezoning non-irrigated farmland fix gets ‘major pushback’
One bill that is receiving major pushback is Senate Bill 70 for which a public hearing was held Feb. 8. The bill is a technical fix for the Eastern Oregon Economic Development Region and regards rezoning non-irrigated farmland to residential land. The bill only impacts lands that have not been employed for farm use in the prior three years. It does not include high-value farmland, land with predominantly composed Class I, II or III soils or land which is viable for reasonably obtaining a profit through farm use.
Findley said the Bill was a technical fix to one that passed two years ago and that he thought it would move through well.
“That is not the case, we’re receiving major pushback,” he said. “It’s going to be a tough road, as the opposition to that bill is intense.”
He said lawmakers were receiving thousands of emails about how terrible the bill is, adding “it’s really not.”
“Some in Oregon say it is an effort by eastern Oregon to build vacation homes on exclusive farm ground,” Owens said, noting they had showed them maps explaining how it is not. “It’s extremely frustrating the lack of information people have when they go into hard-press opposition to it.”
Mike Blackaby noted that he thinks those opposed believe the bill is “taking land that is irrigated. If you sent a picture, you could see it is not — it is sagebrush.”
Findley noted the land in question was near the Owyhee Irrigation District and would only fit about 100 homes on 2-acre lots. Some have suggested to use Ontario’s Urban Reserve area instead, however Findley said that it’s all Class I farmland and as such, not an option in his mind.
“It’s a lack of education on their part and a lack of becoming educated,” he said. “They just want to throw rocks.”
The lawmakers said with all the opposition, it would be nice to see letters of support from residents in the county. Findley added that Border Board Executive Director Shawna Peterson did “an incredible job testifying last week,” but added that it was “hard to convince people when they don’t want to learn.”
Owens also suggested emailing Sen. Jeff Golden at Sen.JeffGolden@oregonlegislature.gov to express concern about the misinformation over SB 70 and request a meeting. Golden is the chairman of the Natural Resources Committee which held the hearing.
Apr 11, 2020 | News
Larry Meyer | Argus Observer | April 10
ONTARIO — State Senate District 30 and House Districts 59 and 60 held a joint virtual town hall Thursday, primarily discussing the issue that is keeping everyone apart, the novel coronavirus COVID-19 pandemic and its impact on the economy and health care.
The session hosted by Sen. Lynn Findley, R-Vale, and Reps. Mark Owens, R-Crane, and Daniel Bonham, R-The Dalles, was held via video and phone conference with invited participants.
Leading off in answering a question about the impact on business, Findley noted that “small business is the back bone of our economy,” and the need to is put people back to work.
The pandemic could bring a change in how we do business, he said, emphasizing, “we have to protect our people.”
Commenting that unemployment insurance applicants now number 88,000, Findley said people need to get a check for people to live on. He also said, the officials need to protect markets for what people are producing.
“You have to figure out how to keep people in their houses,” he said. “You have to figure how to keep commerce going.”
One of the things needed to move business forward, according to Owens, is to draw down the regulations which have been put in place because of the virus. Bonham said the Republican lawmakers are drafting a series of letters to Gov. Kate Brown, including one as for support of rural hospitals.
“We need to have a healthy, functioning health care apparatus,” he said. Bonham says he is appalled state leaders have not taken more action to protect the health-care providers.
On education, he said students would be ready to transition to the next level next year and the state the should be improving the technology to help learning.
Owens expressed concerns about rural hospitals, saying hospitals are bleeding cash. “If we lose any of the hospitals, we will lose the community,” he said. More testing is needed to track the virus and a vaccine is needed to control it, Owens said.
Bonham said a special session to address budget issues the costs of dealing with the pandemic will probably not happen until the next revenue forecast in May, pushing a session toward the end of May and possibly into June.
Findley said among things the three lawmakers are doing is keeping in contact with the county commissioners about county needs.
Mar 24, 2020 | Press Releases
I support the current social distancing measures in the effort to slow and eventually stop the spread of the Coronavirus. We must pay special attention to our senior, disabled, and vulnerable members of our communities to ensure their safety, as well as the safety of all Oregonians.
With that being said, I support these measures for short-term use for which they are intended for the next several weeks. We cannot continue these types of restrictions for the long run if we hope to avoid a full-blown depression in Oregon. Our small businesses and those that are currently out of work must be helped in any way we can.
The best way to end these restrictions is to abide by them. If we each, right now, take responsibility for our role in stopping the spread and practicing the necessary social distancing behaviors, soon the disease will have faded, and we can get back to work.
The question has been posed by several of my constituents about whether Governor Brown has the authority to issue an Executive Order mandating that Oregon residents “shelter-in-place” and stay home. I had my staff reach out to the Legislative Counsel, a group of attorneys who work for the Oregon Legislature, to get an opinion on where the Governor’s authority is outlined in the Oregon statutes. Below is the response we received from the Legislative Counsel:
“On March 8, 2020, the Governor declared a statewide state of emergency pursuant to ORS 401.165. A copy of the executive order declaring the state of emergency can be found here. The declaration provides the Governor with additional powers which, in pertinent part, can be found in ORS 401.168, 401.175 and 401.188. The powers described in these statutes are quite broad. For example, ORS 401.168 (1) states that during a state of emergency, the Governor has “the right to exercise…all police powers vested in the state by the Oregon Constitution in order to effectuate the purposes of this chapter.” ORS 401.188 authorizes the Governor to “[p]rescribe and direct activities in connection with use, conservation, salvage and prevention of waste of materials, services and facilities, including, but not limited to, production, transportation, power and communication facilities training, and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, rehabilitation, education, welfare, child care, recreation, consumer protection and other essential civil needs.”
In addition, ORS 433.441 (4) authorizes the Governor, after declaring a state of emergency, to take any action authorized during a state of public health emergency (ORS 433.441 to 433.452), which includes the power to “[c]lose, order the evacuation of or the decontamination of any facility the Governor has reasonable cause to believe may endanger the public health,” “[r]egulate or restrict by any means necessary the use, sale or distribution of food, fuel, medical supplies, medicines or other goods and services,” and “[t]ake any other action that may be necessary for the management of resources, or to protect the public during a public health emergency.” See ORS 433.441 (3)(a), (b) and (f).
On March 12, 2020, the Governor issued an executive order prohibiting gatherings of 250 or more persons (copy of the order here), and on March 16, 2020, the Governor issued an executive order further restricting gatherings to under 25 persons and prohibiting dine-in food service (copy of the order here). Your constituent has asked how this executive order can have the force of law with a criminal penalty. ORS 401.192 (1) provides that “[a]ll rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency.” The penalty for violating a state of emergency executive order is described in ORS 401.990, which states that “[a]ny person knowingly violating any provision of this chapter, or any of the rules, regulations or orders adopted and promulgated under this chapter, shall, upon conviction thereof, be guilty of a Class C misdemeanor.”
Although the Governor cited ORS 433.441 as one of the statutes authorizing her executive orders, which would not be included in the reference to ORS 401.165 to 401.236 in ORS 401.192, or the reference to chapter 401 in ORS 401.990, we think a court would find that the broad powers described in ORS 401.165 to 401.236 also authorize these executive orders. The orders therefore have the force of law and are subject to the penalties described in ORS 401.990. We also should note that we are in somewhat unchartered territory here, since the current circumstances in this state are quite unusual, there is no case law on any of these statutes and it is unclear if they have ever been challenged.
Finally, a Class C misdemeanor is in fact a crime since a jail sentence may be imposed. See ORS 161.515. A Class C misdemeanor carries a maximum penalty of 30 days’ jail and a $1,250 fine. See ORS 161.615 and 161.635.”
If you have specific questions about your business, the Executive Orders, or anything regarding these measures, please contact my office so that we can help find you answers. My office can be reached at 541-889-8866 or via email.
I ask again that we each do our part to slow the spread of this virus. Stay home, stay healthy and be safe.
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