HOUSE COMMITTEE ON STREAM RESTORATION &

 SPECIES RECOVERY

 

January 15, 2001                                                                                                     Hearing Room E

1:00 P.M.                                                                                                                          Tapes 6 - 7

 

 

MEMBERS PRESENT:         Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Patti Smith

Rep. Al King

Rep. Carolyn Tomei

 

MEMBER EXCUSED:          Rep. Randy Leonard Vice-Chair

                                                Rep. Kelley Wirth

 

VISTING MEMBER:                        Rep. Wayne Krieger

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURE/ISSUES HEARD:           Informational Meeting:

                                                  Department of Agriculture (ODA)

                                                   Healthy Streams Partnership (HSP)

                                                   Oregon Coastal Zone Management Association (OCZMA)

 HB 2184

 HB 2183

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 6, A

003

Chair Lee

Calls the meeting to order at 1:07 p.m. as a subcommittee for the purpose of continued discussion on the Oregon Plan overview. Opens informational meeting.

INFORMATIONAL MEETING – OREGON PLAN OVERVIEW

020

Phil Ward

Director, Oregon Department of Agriculture, (ODA). Submits (EXHIBIT A) and provides overview.

072

Ward

Refers to page four, discusses processes.

113

Chair Lee

Inquires about the plans that have been adopted.

116

Ward

Refers to the map on page five, (EXHIBIT A).

140

Ward

Refers to page six, (EXHIBIT A) noting that if it appears rules are in violation, a water quality advisory letter is sent to the landowner.  Notes that at this point there have not been civil penalties levied under SB 1010.

200

Ward

Comments that the outcome based approach of SB 1010 is a critical piece of the Oregon Plan.

218

Rep. Smith

Questions what information is provided to ODA that results in a water advisory letter being sent to a landowner.

221

Ward

Answers that routinely local soil and water districts send a heads up.

230

Rep. Smith

Inquires what federal agencies have expressed reservations.

237

Ward

Answers the Environmental Protection Agency (EPA) and National Marine Fisheries Service (NMFS).

249

Rep. King

Questions if the standards are the same for eastern and western Oregon and how flexible can the state be with SB 1010.

258

Ward

Responds the geographic differences have to be taken into account. Notes this is the basis for ODA to develop strategies that are site specific.

276

Rep. King

Questions whether the EPA and NMFS are responding with some flexibility.

283

Ward

Answers the EPA and NMFS recognize the geography dictates a different approach.

313

Rep. Krieger

Questions what role does ODA staff have in the local planning process under SB 1010.

320

Ward

Responds there are seven planners working with the advisory committees.

350

Rep. Krieger

Comments on the 64-degree temperature standard and questions if this will be re-examined.

355

Ward

Suggest that the temperature issue be discussed with Department of Environmental Quality.

385

Richard Angstrom

Chair and Managing Director, Healthy Streams Partnership, (HSP). Explains the role of the HSP relative to the Oregon Plan.

TAPE 7, A

040

Angstrom

Defines the term 404 assumption and explains the purpose.

102

Angstrom

Discusses the monitoring component of salmon recovery.

156

Onno Husing

Director, Oregon Coastal Zone Management Association, (OCZMA). Provides a background on the task force.

222

Husing

Submits (EXHIBIT B).

249

Rep. Lee

Questions if OCZMA has a definition for wild fish.

256

Husing

Responds that according to state and federal definitions, a fish, hatchery or not, spawns in the wild, produces offspring, and if the offspring return to the wild then it is a wild fish.

352

Chair Jenson

Closes the informational meeting and opens a public hearing on         HB 2184.

PUBLIC HEARING – HB 2184

391

Sandy Thiele-Cirka

Provides overview of HB 2184.

TAPE 6, B

018

Paul Cleary

Director, Water Resources Department, submits (EXHIBIT C). Provides an overview of what water mitigation is and how the revolving fund would be utilized.

085

Cleary

Continues with testimony.

108

Rep. Lee

Questions if there are proposals like this in other western states.

115

Cleary

Responds there are water banks used as a brokerage.

128

Rep. Kruse

Questions the procedure for allocating water supplies to meet future demands.

136

Cleary

Answers by providing storage.

151

Chair Jenson

Inquires about current population and economic growth conditions.

160

Cleary

Explains, to meet the demands for water there needs to be a way to help people meet mitigation requirements.

167

Rep. Kruse

Questions what is the reference to activities.

171

Tom Byler

Senior Policy Coordinator, Water Resources Department.  Answers this refers to the water right application, and the permitting and transfer process.

190

Rep. Kruse

Questions the types of monitoring.

192

Byler

Responds the monitoring is to determine if the mitigation is effective.

207

Rep. Krieger

Questions if Oregon has a long-term plan to identify and develop sites.

219

Blyer

Responds Oregon has basin plans that need to be updated.

238

Rep. King

Questions if brokerage is an intended outcome.

240

Blyer

Responds a brokerage is the transfer of water from user to user, rather than offsetting the impacts of water development.

290

Chair Jenson

Questions what WRD intends to do for funding.

298

Cleary

Responds there is a request for $1 from the legislature to establish the fund.

340

Christina McNitt

Water Resources Congress. Provides a historical overview and reads from (EXHIBIT D).

376

Chair Jenson

Closes the public hearing on HB 2184 and opens public hearing on   HB 2183.

PUBLIC HEARING - HB 2183

400

Byler

Submits (EXHIBIT E) and explains what the bill does.

TAPE 7, B

034

Byler

Provides a background on the issue.  Explains the process to obtain a water right certificate. 

087

Rep. Lee

Questions if an emergency clause would helpful for those permits that are pending extension requests.

098

Byler

Responds there would be value in that.

091

Rep. Krieger

Questions what has to be completed to get a certificate finalized by the Water Resources Department.

101

Byler

Responds there is no timeline to return requests and roughly 10,000 water rights request are waiting for certification decisions.

126

Chair Jenson

Closes the public hearing and opens a work session on HB 2183.

WORK SESSION – HB 2183

 

Rep. Kruse

MOTION: Moves to amend HB 2183 by adding an emergency clause on line 23 page 2.

134

Chair Jenson

Hearing no objections so ordered.

142

Chair Jenson

Closes work session on HB 2183 and adjourns meeting at 2:40 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

 

 

EXHIBIT SUMMARY

 

A – Oregon Plan Overview, written materials, Phil Ward, 7 pp.

B – CHIP, draft white paper, Onno Husing, 9 pp.

C – HB 2184, written testimony, Paul Cleary, 3 pp.

D – HB 2184, written testimony, Christina McNitt, 1 p

E – HB 2183, written testimony, Tom Byler, 2 pp.