HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

April 23, 2001                                                                                                         Hearing Room E

1:00 P.M.                                                                                                                 Tapes  102 - 103

 

 

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. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES HEARD:          

                                                HB 3958 - Public Hearing

                                                HB 3728 - Public Hearing

                                                HB 3341 - Work Session

                                                HB 3637 - Work Session

                                                HB 2788 - 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 102, A

004

Chair Jenson

Calls the meeting to order at 1:10 p.m. and opens the public hearing on HB 3958.

HB 3958 – PUBLIC HEARING

015

Kristina McNitt

Oregon Water Resources Congress. Reads prepared testimony in support of HB 3958 (EXHIBIT A).

069

Rep. Kruse

Ask if this sets up a separate standard for water-right holders located within a water district.

070

McNitt

Responds it would provide standards if the temporary transfer provisions parallel the transfer permit provisions.

100

Tom Byler

Water Resources Department, (WRD). Submits (EXHIBIT B) in support of HB 3958.

140

Byler

Explains the difference between district and non-district transfers.

156

Rep. Lee

Notes the significant difference is the point of diversion. Questions if any injuries reported.

179

Byler

Responds no. Notes the transfers take place in the district.

Written testimony submitted by Doug Myers (EXHIBIT C).

212

Chair Jenson

Closes the public hearing on HB 3958 and opens the public hearing on HB 3728.

HB 3728 – PUBLIC HEARING

221

Chair Jenson

Closes the public hearing on HB 3728 and opens the work session on HB 3341.

HB 3341 – WORK SESSION

228

Sandy Thiele-Cirka

Administrator. Summarizes HB 3341. Notes SB 31A is a companion bill.

249

Robin Brown

Wildlife Division, Oregon Department of Fish & Wildlife, (ODFW) agency specialist on marine mammal biology. Reviews comments from the March 21st meeting.

290

Rep. Kruse

Requests clarification of SB 31A.

295

Brown

Responds the bill directs the department to develop a broad-based management plan for marine mammals.

314

Rep. Kruse

Questions if there is specific reference to salmon predation.

331

Brown

Responds one recommendation is to address California sea lions and Harbor seals preying on depressed and recovering salmon stock.

345

Rep. Kruse

States that with the assurance that predation is covered in SB 31A the intent of this legislation is represented.

359

Vice-Chair Leonard

Closes the work session on HB 3341 and opens the work session on HB 3637.

HB 3637 – WORK SESSION

387

Rep. Wayne Krieger

House District 48. Discusses the work group and states that the –11 amendments replaces the original bill (EXHIBIT D).

433

Rep. Wirth

Express concern that the conservation community is not represented in the amendment.

Tape 103, A

016

Rep. Krieger

Refers to page two, line 25 and states the language was changed from representing to having a background in.

058

Rep. Wirth

Notes concern about the language in subsection c appointing representation in interest areas.

067

Rep. Krieger

Responds that HB 3637 is intended to provide broad representation.

084

Rep. Leonard

Notes that the commission is limited to seven members designated by regions. Refers to the three at large members at large and asks are there seven or ten members on the commission.

095

Rep. Krieger

Responds there are four specific disciplines and three at large members.

107

Chair Jenson

Clarifies proposed commission membership.

161

Chair Jenson

Clarifies that the position of the director is not addressed in the  –11 amendments. This bill allows the Governor to designate the chairperson.

196

Rep. Leonard

Clarifies that the commissioners serve without compensation and asks if the monthly meeting schedule is an issue.

220

Rep. Krieger

Responds the commission has been meeting monthly.

223

Rep. Smith

Comments that many environmentalists have backgrounds in these industries.

260

Rep. Tomei

Questions the disparity in the district populations.

344

Rep. Lee

Questions the timing of the meetings.

380

Chair Jenson

Proposes that the commission be allowed to go back to the three-month guideline to allow for some flexibility.

450

Chair Jenson

Closes the work session on HB 3637 and opens the work session on HB 2788.

HB 2788 – WORK SESSION

Tape 102, B

014

Thiele-Cirka

Reviews the HB 2788 -4, -1, -2 and submits the -5 amendments (EXHIBIT E).

038

Kristina McNitt

Explains that the latest language states the amendments do not affect a contract entered into before the effective date of the 2001 act.

088

Chair Jenson

Questions if including piping as maintenance expands the definition.

090

McNitt

Responds this is a matter of interpretation.

099

Rep. Leonard

Comments it was explained as a conservation technique.

120

Chair Jenson

Questions if the Cyrus’s will incur additional maintenance expense.

105

Harrison Conley

Deputy Legislative Counsel. Responds no. Explains this is relating to irrigation property.  Refers to page 2, Section 11.

139

Chair Jenson

Asks what is the fundamental purpose of piping.

155

McNitt

Explains piping is one way to make improvements in the water delivery system.

172

Chair Jenson

Questions if piping changes the environment.

177

McNitt

Responds affirmatively.

174

Rep. Lee

Explains that districts are required by federal law to conserve water.

230

Chair Jenson

Questions if the department defines piping as maintenance.

246

Tom Byler

Water Resources Department (WRD).  Responds it could be maintenance on an existing distribution system or it could be new when increasing water distribution.

281

Chair Jenson

Questions the advantage of piping.

262

Tom Paul

WRD. Responds open canal distribution systems have high losses.

276

Chair Jenson

Asks what happens when piping leads to the drying up of wetlands.

284

Paul

Responds when a system is upgraded there is an optional review process available.

345

Rep. Lee

Provides an example from Walla Walla.

365

Rep. Leonard

MOTION: Moves HB 2788 –5 amendments dated 4/23/01.

361

Rep. Kruse

Explains he will not support HB 2788 without a further definition of lining and piping regarding maintenance.

385

Rep. Lee

Requests clarification of the question.

394

Rep. Kruse

Responds it allows the district to lay piping where there is currently a ditch and then access the landowner for the project.

370

Rep. Tomei

Questions the location of that language.

400

Rep. Kruse

Responds with language location.

426

Rep. King

Clarifies everyone in district would be paying for it.

435

Rep. Lee

Clarifies that the Cyrus case relates to a private ditch. Explains details.

Tape 103, B

035

Conley

Comments his opinion is that where pipeline is added there is currently for pipeline under waterworks.

045

Rep. Wirth

Clarifies that the irrigation district is liable and responsible for the maintenance of the ditches and will support the bill on that basis.

060

 

VOTE:  7-2

AYE: 7 - King, Knopp, Lee, Leonard, Tomei, Wirth, Jenson

NAY:  2 - Kruse, Smith P

 

Chair Jenson

The motion CARRIES.

071

Rep. Leonard

MOTION: Moves HB 2788 to the floor DO PASS AS AMENDED recommendation.

070

Rep. Kruse

Provides vote explanation.

078

Rep. Knopp

Questions if the Cyrus's support the amendments.

086

Chair Jenson

Responds they have some concerns.

101

Rep. Knopp

States he will support the bill but reserves the right to change his vote on the floor.

103

 

VOTE:  7-2

AYE: 7 - King, Knopp, Lee, Leonard, Tomei, Wirth, Jenson

NAY: 2 - Kruse, Smith P

 

Chair Jenson

The motion CARRIES.

REP. LEE will lead discussion on the floor.

117

Chair Jenson

Closes the work session on HB 2788 and adjourns the meeting at    2:40 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A.     HB 3958, prepared testimony, Kristina McNitt, 2 pp.

B.     HB 3958, prepared testimony, Tom Byler, 3 pp.

C.     HB 3958, prepared testimony, Doug Myers, 2 PP.

D.    HB 3637, -11 amendments dated 4/23/01, Rep. Wayne Krieger, 4 pp.

E.     HB 2788, -1 amendments dated 2/28/01, -2 amendments dated 3/13/01, -4 amendments dated 4/11/01, -5 amendments dated 4/23/01, staff, 7 pp.