Exempt Use Rulemaking - Division 300 and 340

The Department is soliciting Rules Advisory Committee (RAC) members for the upcoming Divisions 300 and 340 rulemaking through September 3, 2026. The RAC is anticipated to meet twice for two to three hours in late September and October. If needed, an additional third meeting may be held in November. The anticipated scope for the exempt use rulemaking (Divisions 300 and 340) is: 

Updating rules to align with statute changes from HB 3372, SB 85 and 326

Clarifying the groundwater exemption for domestic purposes

Clarifying the groundwater exemption for stockwater

Clarifying that the standard of beneficial use without waste applies to exempt uses

Completing administrative clean up

Supporting Documentation

HB 3372 (2025) - Allows groundwater use up to 3,000 gallons per day to irrigate a half-acre of lawn, personal garden, or commercial garden. Caps the total use when combined with commercial or industrial exempt uses at 5,000 gallons per day. This exemption does not apply to cannabis.

SB 85 (2023) - Requires OWRD to review confined animal operations (CAFO) water supply plans. Caps the stockwater exemption at 12,000 gallons/day for new or expanding CAFOs.

SB 326 (2023) - Prohibits use of water to grow cannabis at a location not licensed or registered. Grants OWRD authority to impose civil penalties and increases criminal penalties for this violation.

Overview of Path Forward on Updates to Water Distribution, Enforcement, and Exempt Use Rules

Summary of Comments: What We Heard during the Water Distribution, Enforcement, and Exempt Use Rulemaking Open Houses