HOUSE COMMITTEE ON STREAM RESTORATION

 & SPECIES RECOVERY

 

 

March 21, 2001                                                                                                       Hearing Room E

1:00 P.M.                                                                                                                     Tapes  64 - 66

 

MEMBERS PRESENT:         Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Randy Leonard Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

MEMBER EXCUSED:          Rep. Patti Smith

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES HEARD:          

                                                HB 3586 – Public Hearing    

                                                HB 2341 – Work Session

                                                HB 2788 – Work Session

                                                HB 3341 – Public Hearing

                                                HB 3587 – Public Hearing

                                                HB 3484 – Public Hearing

 

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 64, A

005

Vice-Chair Lee

Calls the meeting to order at 1:10 p.m. and opens the public hearing on HB 3586.

PUBLIC HEARING – HB 3586

012

Frank Taggart

Resident from LaGrande. States that under current law, the Oregon Department of Fish & Wildlife (ODFW) does not honor the veterans’ disability classification under the statutory classification of other disabilities. Submits (EXHIBIT A) and states concerns.

025

Vice-Chair Lee

Clarifies the proposal is for no fee on licenses for individuals with disabling injuries of 65% or more. 

044

Taggart

Continues testimony regarding current residency requirement for hunting licenses is six months and the residency requirement for veterans is one year.

055

Kay Brown

Fish Division Policy Coordinator, ODFW.  Submits (EXHIBIT B). States that ODFW is not taking a position on HB 3586.  Comments that current law allows veterans who are a resident for at least one-year and are 25% disabled to receive a free license. States that HB 3586 would allow veterans with disabilities of 65 % and without residency requirements to obtain a free license.

068

Rep. Leonard

Clarifies there is a six month residency requirement for anybody except disabled veterans.

082

Brown

Responds affirmatively. Notes the residency requirement is relative to hunting and fishing licenses.

084

Rep. Kruse

Explains the two standards between the old and new sections.

113

Duane Bales

Representing the Speakers Office. States that if an individual is 65% disabled or more there is no one-year wait.

154

Bales

Comments that amendments are being drafted to allow veterans’ records for documenting disability status.

184

Chair Jenson

Questions if ODFW accepts a Washington doctor’s certificate.

186

Brown

Responds she was not aware that doctor statements from out of state were not allowed and she will check further.

188

Rep. Kruse

Notes that the language states the department shall accept the records.

224

Brendan McCarthy

Deputy Legislative Counsel.  Responds that ODFW should be accepting proof provided by the US Department of Veterans Affairs.

256

Rep. Kruse

Clarifies there are two classifications of disability, regular disabled and disabled veterans. Discusses the differences. 

340

Chair Jenson

Closes the public hearing on HB 3586 and opens a work session on  HB 2341. Submitted testimony (EXHIBIT C).

HB 2341 – WORK SESSION

346

Sandy Thiele-Cirka

Administrator. Summarizes HB 2341.

377

Chair Jenson

Clarifies that at this time the appointment does not require Senate confirmation. Proposes that an amendment be drafted to be included in the bill.

382

McCarthy

Responds that it is his understanding that the legislature may require senate confirmation of any officer appointed in the state.

448

Chair Jenson

Closes the work session on HB 2341 and opens the work session on HB 2788.

TAPE 65, A

HB 2788 – WORK SESSION

005

Thiele-Cirka

Summarizes HB 2788 and the –1 amendments dated 2/28/01 (EXHIBIT D).

016

Brad Harper

Representing Water for Life. Testifies from a neutral position and updates the committee on the judicial outcome of the Cyrus’s (EXHIBIT E).

051

Keith Cyrus

Provides background and history of the Cyrus family property.

200

Cyrus

Continues testimony and describes recent interactions with the irrigation district.

219

Matt Cyrus

Refers to (EXHIBIT D) and the 1940 agreement. Explains why the definition of piping as maintenance is a concern.

304

M. Cyrus

Proposes eliminating condemnation powers.

316

Rep. Lee

Explains that irrigation districts do not customarily condemn past the point of delivery. States the situation is not what normally happens in a district.

368

K. Cyrus

Clarifies they did not farm the land where the golf course is, there was an interest as it is adjacent to the farm. Explains past litigation cases.

400

M. Cyrus

Reiterates the concern regarding irrigation districts needing or having condemnation powers.

TAPE 64, B

034

Rep. Wirth

Questions if the 1940 agreement provides the district with the right to operate and maintain the ditch.

040

M. Cyrus

Responds affirmatively. Refers to (EXHIBIT E).

074

Ron Nelson

Secretary Manager, Central Oregon Irrigation District. Testifies in support of HB 2788 and the proposed amendment.

125

Rep. Knopp

Questions how this situation could have been avoided.

134

Nelson

Responds it is based on a contract.

140

Rep. Leonard

Asks for additional information on the refusal of delivering water.

159

Nelson

Responds it was the district’s interpretation of the law.

179

Kristina McNitt

Representing Oregon Water Resources Congress. Submits testimony dated February 28th, (EXHIBIT F) and states the situation is a contract dispute that is outside statutory authority.

212

Rep. Leonard

Questions why piping was added to maintenance.

220

McNitt

Responds and explains that current law was established before pipelines were used.

253

Rep. Leonard

Questions if this is to maintain existing piping or install piping.

256

McNitt

Responds to maintain existing piping.

242

Chair Jenson

Clarifies that structural repair would be pipeline repair.

302

Rep. Tomei

States that the –1 amendment implies preserve or improve existing pipes but not lay new pipes.

316

Rep. Wirth

Questions if the district has the authority to install pipes.

318

McNitt

Responds with explanation of current language. Refers to Mr. Ganong’s testimony from February 28th.

350

Rep. Lee

Discusses court certification of federal projects.

409

M. Cyrus

Comments that changing a ditch to a pipe is changing the nature of the use of the easement.

TAPE 65, B

033

Rep. Leonard

Clarifies that the district has been using the ditch under contract as a water delivery system. Questions if the objective of the piping is to conserve water.

039

M. Cyrus

Explains the water recharge issue. Summarizes that owners of property where ditches run through should have some input on the impact to the property.

067

Harrison Conley

Deputy Legislative Counsel. States the language ditches and pipelines were added as clarification for language in the original bill. Comments on the amendment and contract rights.

104

Chair Jenson

Closes the work session on HB 2788 and opens the public hearing on HB 3341.

HB 3341 – PUBLIC HEARING

120

Thiele-Cirka

Summarizes HB 3341.

125

Robin Brown

Wildlife Division, ODFW, agency specialist on marine mammal biology. Paraphrases prepared testimony, (EXHIBIT G).

174

Rep. Kruse

States that optimum population for a protected species and an endangered species was not considered in the Marine Mammal Protection Act (MMPA).

180

Brown

Responds the state is required to proceed under the MMPA.

317

Brown

Continues testimony and notes that non-lethal methods have not proven successful.

338

Rep. Kruse

Comments on the impact pinnipeds are having on the salmon populations.

346

Brown

Notes that the state of Alaska has been the only state in 28 years to seek the return of management. Due to difficulties of management under the law, Alaska returned it to the federal government.

380

Glen Stonebrink

Representing the Oregon Cattlemen’s Association. Provides background on predation management. Notes this is a request for management in the waters of the state.

TAPE 66, A

424

Chair Jenson

Closes the public hearing on HB 3341 and opens the public hearing on HB 3587.

HB 3587 – PUBLIC HEARING

045

Chair Jenson

Closes the public hearing on HB 3587 and opens the public hearing on HB 3484.

HB 3484 – PUBLIC HEARING

062

Kay Brown

Fish Division Policy Coordinator, ODFW. Paraphrases prepared testimony regarding development of a task force (EXHIBIT H).

079

Phil Donovan

Representing Oregon Guides and Packers. Submits testimony noting concerns with ODFW current revenue and expenditure (EXHIBIT I). Discusses funding sources of ODFW.

155

Chair Jenson

Questions if ODFW should be doing what the task force is being asked to do.

171

Donovan

Responds that the issue is why are 800,000 Oregonians are paying for the management of ODFW.

184

Chair Jenson

Closes the public hearing on HB 3484 and adjourns the meeting at    2:15 p.m.

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

EXHIBIT SUMMARY

 

A.     HB 3586, correspondence, Frank Taggart, 2 pp.

B.     HB 3586, prepared testimony, Kay Brown, 1 p

C.     HB 3586, prepared testimony, Stephen Donnell, 2 pp.

D.    HB 2788, -1 draft amendment dated 2/28/01, 2 pp.

E.  HB 2788, judgement, Brad Harper, 22 pp.

F.   HB 2788, prepared testimony, Kristina McNitt, 2 pp.

G.    HB 3341, prepared testimony, Robin Brown, 2 pp.

H.    HB 3484, prepared testimony, Kay Brown, 1 p

I.       HB 3484, prepared testimony, Phil Donovan, 2 pp.