HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

May 9, 2001 Hearing Room E

1:00 P.M. Tapes 117 - 118

MEMBERS PRESENT:

Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Randy Leonard Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Patti Smith

Rep. Carolyn Tomei

Rep. Kelley Wirth

MEMBER EXCUSED: Rep. Al King

VISTING MEMBER: Rep. Jackie Dingfelder

STAFF PRESENT: Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

MEASURES HEARD:

SB 319 A – Public Hearing

SB 869 A – Public Hearing & Work Session

SB 870 A – Public Hearing & Work Session

HB 3637 – Work Session

HB 2184 – Work Session

HB 3808 – Work Session

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 117, A
004	Chair Jenson	Calls the meeting to order at 1:05 p.m. as a subcommittee and opens a public hearing on SB 319 A.
SB 319 A – PUBLIC HEARING
030	Dick Bailey	Administrator, Water Rights Adjudication Division, Water Resource Department, (WRD). Submits report from the Hydroelectric Task Force and prepared testimony, (EXHIBIT A). Reads testimony in support of SB 319 A.
047	Bailey	Provides and overview of task force report and intent of SB 319 A.
070	Chair Jenson	Closes the subcommittee public hearing on SB 319 A and opens a subcommittee public hearing on SB 869 A.
SB 869 A – PUBLIC HEARING
087	Paul Cleary	Director, WRD. Submits prepared testimony, (EXHIBIT B).
095	Tom Byler	Legislative Coordinator, WRD. Reviews the main points of SB 869 A.
134	Rep. Lee	Questions water transfers.
135	Byler	Responds that the bill, as amended, eliminates the reference to the transfer statute.
143	Chair Jenson	Closes the public hearing on SB 869A and opens the public hearing on SB 870A.
Prepared testimony submitted by Robert Ramig; (EXHIBIT C); Peter Wells, (EXHIBIT D) and Antone Minthorn, (EXHIBIT E)
SB 870 A – PUBLIC HEARING
147	Cleary	WRD. Submits prepared testimony, (EXHIBIT F). Provides an overview on SB 870 A.
179	Byler	Comments on City of Pendleton and the John Day area transfer interests.
210	Chair Jenson	Closes the public hearing on SB 870 A and opens a work session on HB 3637.
Prepared testimony submitted by Robert Ramig; (EXHIBIT G); Peter Wells; (EXHIBIT H) Antone Minthorn; (EXHIBIT I) and Pete Test, (EXHIBIT J)
HB 3637 – WORK SESSION
247	Sandy Thiele-Cirka	Explains HB 3637 –14 through –18 amendments (EXHIBIT K)
297	Rep. Wayne Krieger	House District 48. States this is a compromise bill. Discusses accountability, residency requirements, and public interests.
419	Rep. Krieger	Concludes testimony in support of the –18 amendments.
422	Rep. Tomei	Questions if each member would have a hunting or fishing license.
Tape 118, A
014	Rep. Krieger	Responds any member appointed and explains the residency requirement of the license.
010	Rep. Tomei	Comments that an individual with acceptable knowledge who does not have a hunting or fishing license.
024	Rep. Kruse	MOTION: Moves HB 3637 –18 amendment dated 5/9/01.
030	Rep. Tomei	Explains her opposition to the license requirement.
035	Rep. Krieger	Responds there are many people who are non-consumptive users of wildlife.
050	Rep. Wirth	States that due to the exclusion of the conservation member and the license requirement, she will vote no.
067		VOTE: 4-4 AYE: 4 - Knopp, Kruse, Smith P, Jenson NAY: 4 - Lee, Leonard, Tomei, Wirth EXCUSED: 1 – King
	Chair Jenson	The motion FAILS.
077	Chair Jenson	Closes the work session on HB 3637 and opens the work session on HB 2184.
HB 2184 – WORK SESSION
089	Doug Riggs	Representing PacWest Communications and the Central Oregon Cities Organization. Introduces Mary Meloy
101	Mary Meloy	Director of Public Works, City of Redmond. Submits prepared testimony (EXHIBIT L) and states support for HB 2184.
160	Martha Pagel	Attorney, Schwabe, Williamson, & Wyatt. Submits prepared testimony that explains HB 2184 –4 amendments, (EXHIBIT M).
176	Pagel	Concludes testimony noting that the bill focuses on mitigation, the process of offering credits, and the banking concept.
195	Sen. Bev. Clarno	Senate District 27. Testifies in support of HB 2184.
207	Rep. Leonard	Questions if there are any opponents to the bill.
208	Pagel	Responds that she is not aware of any.
210	Riggs	Adds that there have been on going discussions and has been an inclusive process.
216	Rep. Wirth	Questions if this applies only to the Deshutes basin.
224	Pagel	Responds affirmatively.
261	Rep. Dingfelder	Questions the fiscal impact.
270	Pagel	Responds there will be workload for the department and to her knowledge there is no fiscal.
254	Rep. Dingfelder	Expresses concern about the backlog of water rights permits.
306	Cleary	Refers to the scenic waterways map, (EXHIBIT N). States the bill is banking tool.
380	Rep. Kruse	Questions if there is an assumption that every ground water source can be connected to surface water.
399	Cleary	Responds the connection is modeled out, existing statute provides WRD to consider evidence of different characteristics.
417	Rep. Kruse	Expresses concern about the connections being made.
Tape 117, B
009	Pagel	Responds to Rep. Kruse’s concern stating there was controversy in the Deshutes Basin relating to particular ground water use impacts that would result in a mitigation and refers to line seven of the -4 amendments. States WRD requests an emergency clause.
042	Brendan McCarthy	Deputy Legislative Counsel. Explains concerns about the –4 amendments.
085	Rep. Dingfelder	Questions if the interface between ground water and surface water is the burden of WRD.
099	Riggs	Responds it is a burden under existing statute, this proposal does not change any provision of law.
129	Rep. Kruse	Questions if the reference to ORS 39835 should be removed.
137	McCarthy	Responds affirmatively. Notes the concerns should be addressed instead of referencing a statute.
189	Pagel	Explains the language was inserted at the request of WaterWatch because they don’t want mitigation credits to limit protection for the scenic waterways. Adds that subsection nine refers to the potential interference.
200	Riggs	Continues discussion on potential interference.
311	Rep. Dingfelder	Questions if mitigation banks for groundwater has been attempted in other western states.
322	Riggs	Responds there are water banks in the west. Mitigating for the impacts of groundwater development on surface water rights is occurring in Washington state. Notes he has no information relating to mitigation credit banking.
360	Chair Jenson	Closes the work session on HB 2184 and opens the work session on HB 3808.
HB 3808 – WORK SESSION
382	Glen Stonebrink	Oregon Cattlemen’s Association. Submits and reviews (EXHIBIT O).
Tape 118, B
	Chair Jenson	Closes the work session on HB 3808 and opens the work session on SB 870A.
SB 870A – WORK SESSION
056	Rep. Kruse	MOTION: Moves SB 870A to the floor with a DO PASS recommendation.
061		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 3 - Smith, King, Tomei
	Chair Jenson	The motion CARRIES.
070	Rep. Kruse	MOTION: Moves SB 870A be placed on the CONSENT CALENDAR.
		VOTE: 6-0 EXCUSED: 3 - Smith, King, Tomei
	Chair Jenson	Hearing no objection, declares the motion CARRIED.
	Chair Jenson	Closes the work session on SB 870A and opens the work session on SB 869A.
SB 869 A – WORK SESSION
072	Rep. Kruse	MOTION: Moves SB 869A to the floor with a DO PASS recommendation.
092		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Smith, King
	Chair Jenson	The motion CARRIES.
094	Rep. Kruse	MOTION: Moves SB 869A be placed on the CONSENT CALENDAR.
095		VOTE: 7-0 EXCUSED: 2 - Smith, King
	Chair Jenson	Hearing no objection, declares the motion CARRIED.
095	Chair Jenson	Closes the work session on SB 869A and adjourns the meeting at 2:35 p.m.

Submitted By, Reviewed By,

Linda K. Gatto, Sandy Thiele-Cirka,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A. SB 319A, Hydroelectric Task Force and prepared testimony, Dick Bailey, 42 pp.

B. SB 869 A, prepared testimony, Paul R. Cleary, 3 pp.

C. SB 869 A, prepared testimony, Mayor Robert Ramig, 1 p

D. SB 869 A, prepared testimony, Peter Wells, 1 p

E. SB 869 A, prepared testimony, Chair Antone Minthorn,

F. SB 870 A, prepared testimony, Paul R. Cleary, 3 pp.

G. SB 870 A, prepared testimony, Mayor Robert Ramig, 1 p

H. SB 870 A, prepared testimony, Peter Wells, 1 p

I. SB 870 A, prepared testimony, Chair Antone Minthorn,

J. SB 870 A, prepared testimony, Pete Test, 1 p

K. HB 3637, -14 amendments dated 5/4/01, -15 amendments dated 5/4/01, -16 amendments dated 5/4/01, -17 amendments dated 5/4/01, -18 amendments dated 5/9/01, staff, 20 pp.

L. HB 2184, prepared testimony, Mary Meloy, 1 p

M. HB 2184, prepared testimony and –4 amendments dated 5/09/01, Martha O. Pagel, 6 pp.

N. HB 2184, map, Paul Cleary, 1 p

O. HB 3808, prepared testimony, Glen Stonebrink, 5 pp.-