The attack on small farms first came to light when Sarah King’s small dairy ran foul of Oregon Department of Agriculture’s reinterpretation of confined animal feeding operations. Oregon has a special permitting process that typically applies to housing hundreds and even thousands of animals, as mismanaging water can have a serious impact on the local environment. For years, the state did not interpret these regulations as applying to small farms like Sarah’s. But now Oregon wants to regulate small farms like large commercial dairies.

The Institute for Justice reported that the change in interpretation to the law came from large commercial dairies insisting that small dairies somehow have a “competitive advantage” over big ones—that is, that they don’t have to install expensive infrastructure to manage waste. IJ is supporting four small farmers in a lawsuit in Sarah King v. Oregon Department of Agriculture filed on January 24, 2024, to save small dairy farms from large commercial farm requirements.

As the lawsuit plays out, the COFA is on hold while trying to work out a solution. In the meantime, they take aim at small garden farmers that supply farmers markets and neighbors with fresh produce. You would think they learned from COFA that consequences make the Governor look bad, or maybe it was Kotek’s idea to expand the target.

The news started to spread when 24 farmers in District 2, covering Southern Willamette Valley, received letters. Now District 1 is receiving the same letter requiring them to file for a commercial water permit. These small farms cannot produce gardens without water, which means the state is shutting them down despite their refusal to acknowledge it.

Oregon has slowly been changing from a small business state to a large commercial controlled state. While the legislature bends over backward towards diversity and equity for minorities, it now appears to be a front for grooming them for large commercial jobs since small business opportunities are drying up in over regulation.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Mike McCord, head of Northwest Water District said, “officials use aerial photography, complaints from neighbors, and in-the-field observation to find potential violations. New funding in 2021 allowed the state to hire more staff for enforcement.” Was this funding intended to be used against hard working Oregonians while illegal cartel operations are stealing lots of water?

Illegal cartel operations ran the stream dry in the small town of Williams drying up wells. Oregon produces 1,200 pounds of legal cannabis per year. Cannabis is the most water-intensive crop grown in Oregon, so why aren't illegal operations their target? A formula derived from canvassing numerous cannabis cultivators suggests that one gallon of water per day is needed to produce one pound of cured cannabis flower buds. An average one-eighth acre, 100 pounds of plants, would use 24,000 gallons per growing season.

It comes down to water rights. For a water permit, there is no small amount permit for garden farms. Permits are geared towards large commercial operations. A ground permit for water is over $3,000, plus a costly study proving sufficient water levels even though most are using wells.

Oregon is 35 in rain precipitation and 27 in population use so there shouldn’t be the shortage, but Oregon hasn’t done a study to know what the best practices should be. Under the proposed new rules, the state requires the applicant to provide the proof that “groundwater levels are stable enough in their area to support a new permit, meaning if an applicant is unable to provide enough data on whether groundwater levels in the area are stable, the application will likely get denied.” This changes a five-year policy of automatically permitting even if data is uncertain, to a default ‘no’ if water levels are not proved to be sufficient.

These studies are beyond the financial ability for small farmers with a couple of animals or a half-acre garden even if water levels are known to be more than sufficient. Big corporations can easily self-certify with their experts, ultimately creating a monopoly by wiping out small and mid-size farms.

Greg Kupillas, hydrogeologist at Oregon Ground Water Association, a trade group representing commercial scale water users said, “the rules will stunt economic development.” Is it productive to give environmental groups control? If Governor Kotek cared about small farmers, why does she not change the course of the proposed rules?


--Donna Bleiler

Post Date: 2024-05-23 11:44:16

Last Update: 2024-05-23 16:06:34