SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

April 16, 2002 Hearing Room B

8:00 am Tapes 90 - 93

MEMBERS PRESENT: Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Ryan Deckert

Sen. Bill Fisher

MEMBER EXCUSED:

STAFF PRESENT: Judith Callens, Committee Administrator

Cheryl Young, Committee Assistant

MEASURE/ISSUES HEARD: SB 898, Public Hearing and Possible Work Session

SB 639, Public Hearing and Possible Work Session

SB 579, Public Hearing and Possible Work Session

SB 957,Public Hearing and Possible Work Session

SB 212, Public Hearing and Possible Work Session

SB 17, Public Hearing and Possible Work Session

SB 18, Public Hearing and Possible Work Session

SB 961, Public Hearing and Possible Work Session

SJM 7, Public Hearing and Possible Work Session

SM 1, Public Hearing and Possible 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 90, A
005	Chair Messerle	Opens meeting at 8:08. Opens public hearing on SB 957.
SB 957, Public Hearing
010	Staff	Summarizes SB 957.
017	Sen. Ken Messerle	State Senator District 24. Speaks of constituents calling him having problems dealing with the process of permits. Notes that there are mistakes in the drafting. Clarifies errors.
056	Neil Mullane	Acting Deputy Director of DEQ. Speaks in opposition to this bill. Submits written testimony. (EXHIBIT A).
122	Chair Messerle	Makes comment regarding the one-size fits all issue.
135	Jeannette Holman	Division of State Lands. Speaks in opposition to this bill. Submits written testimony. (EXHIBIT B).
174	Paul Cleary	Director Water Resources Department. Submits written testimony. (EXHIBIT C).
184	Ted Lorensen	Director, Forest Practices. Speaks of issues of bill. Submits written testimony. (EXHIBIT D).
205	Sen. Beyer	Asks if they issue backyard-burning permits.
206	Lorensen	Responds.
207	Sen. Beyer	Asks where, because it was his understanding that the Dept. of Forestry got out of that business a few years ago.
208	Lorensen	Responds to comment.
220	Chair Messerle	Closes public hearing on SB 957. Written testimony submitted on behalf of Roy Elicker. (EXHIBIT E). Opens public hearing on SB 579.
SB 579, PUBLIC HEARING
224	Staff	Summarizes SB 579.
237	Jerry Schmidt	Representing the Oregon Ground Water Association. Speaks in support of this bill. Submits written testimony. (EXHIBIT F).
259	Tom Byler	Water Resources Department. Speaks in favor of the concept but does not support the bill as printed. Submits written testimony. (EXHIBIT G).
266	Sen. Beyer	Asks if this new program is supported by the industry.
271	Schmidt	Responds that the industry is very positive.
281	Sen. Beyer	Asks that if this bill moves forward will he be getting calls from angry well-drillers about the increase in their fees.
285	Schmidt	States that he would be glad to field any of those calls.
291	Chair Messerle	Closes public hearing on 579. Opens public hearing on SB 898.
SB 898, PUBLIC HEARING
295	Staff	Summarizes SB 898.
311	Doug Riggs	Representing the Central Oregon Cities Organization. Speaks in favor of SB 898.
345	Martha Pagel	Representing the City of Redmond. Speaks in favor of this bill. Submits written testimony. (EXHIBIT H).
384	Paul Cleary	Director, Water Resources Department. Speaks in favor of this bill. Submits written testimony. (EXHIBIT I).
412	John Killin	Special Districts Association of Oregon. Speaks in favor of this bill. Submits written testimony. (EXHIBIT J).
419	Karen Russell	WaterWatchers of Oregon. States they have a lot of questions and they will continue to work with the folks bringing the bill forward to increase their comfort level.
450	Chair Messerle	Closes public hearing on SB 898. Opens public hearing on SB 212.
SB 212, PUBLIC HEAIRNG
458	Staff	Summarizes SB 212.
489	Roger Wood	Of the Governors Natural Resources Office. Speaks of amendments and their support of this bill.
Tape 91, A
030	Wood	Continues testimony.
047	Jim Root	Owner and President of Sabroso Company. Speaks in favor of this bill and to the urgency of passing SB 212.
126	Ken Yates	Executive Director of the Oregon Food Processors Council. Speaks in favor of this bill. Submits written testimony. (EXHIBIT K).
170	Will Tiffany	Representing the League of Oregon Cities. Speaks of the amendments and the guarantee that the sites will not revert out of traditional land use.
201	Sen. Fisher	Speaks of a similar issue in his district.
237	Don Schellenberg	Associate Director Government Affairs, Oregon Farm Bureau. Speaks in support of the concept of this bill. Will be providing amendments to SB 212.
302	Chair Messerle	Reminds everyone that all amendments must be in by the end of this week. Close public hearing on SB 212. Opens public hearing SJM 7.
PUBLIC HEARING – SJM 7
317	Staff	Presents and summarizes bill.
327	Rep. Susan Morgan	State Representative of District 46. Testifies in support of SJM 7.
344	Alice Dettwyler	Current President of American Agri-Women Testifies in support of SJM 7.
413	Carol Marx	Representing Oregon Women for Agriculture. Speaks in favor of SJM 7.
424	Don Schellenberg	Oregon Farm Bureau. Speaks in favor of SJM 7.
460	Chair Messerle	Relates a story regarding his wife and their farm. Closes public hearing on SJM 7. Opens work session on SJM 7.
477	Sen. R. Beyer	MOTION: Moves SJM 7 be sent to the floor with a BE ADOPTED recommendation.
490		VOTE: 4-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 3 - Burdick, Deckert, Shields
	Chair Messerle	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
490	Chair Messerle	Closes work session on SJM 7. Opens public hearing on SM 1.
503	Staff	Summarizes SM 1.
Tape 90, B
041	Rep. Susan Morgan	State Representative from District 46. Testifies in support of SM 1.
089	Jean Underhill-Wilkinsen	Oregon Farm Bureau. Speaks in support of this bill. Submits written testimony on behalf of Roy Hathaway. (EXHIBIT L).
124	Chair Messerle	Discloses for the record that he is a timberland owner.
126	Sen. Beyer	Discloses that he is also and timberland owner. Asks question regarding Canadian vs. American timber prices.
131	Rep. Morgan	Responds to question regarding market price.
143	Chair Messerle	Asks if this agreement applies to logs as well as lumber.
145	Rep. Morgan	Responds that there is very robust trade in logs across the border.
151	Chair Messerle	States that he was a good friend of a vice president of G-P and was told that a 2 percent change in the supply would radically change the price of the commodity.
158	Chair Messerle	Closes public hearing on SM 1. Opens work session on SM 1
161	Sen. Atkinson	MOTION: Moves SM 1 be sent to the floor with a BE ADOPTED recommendation.
		VOTE: 4-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 3 - Burdick, Deckert, Shields
	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
172	Chair Messerle	Closes work session on SM 1. Opens public hearing on SB 17, and SB 18.
176	Staff	Summarizes SB 17 and SB 18.
244	Richard Kosesan	Representing Water for Life. Speaks in favor of SB 17.
269	Richard Nicholson	Citizen. Speaks in favor of SB 17.
362	Richard Kosesan	Speaks in favor of SB 18. Submits written testimony. (EXHIBIT M).
Tape 91, B
001	Kosesan	Continues testimony.
137	Rep. Jan Lee	State Representative, District 10. Speaks briefly to amendments on SB 17 and SB 18.
183	Chair Messerle	Notes that Rep. Lee has been involved in the process for some time. Asks why it hasn’t been challenged in court to date.
185	Rep. Lee	Responds to question
189	Chair Messerle	Re-asks question.
194	Rep. Lee	Responds.
207	Paul Cleary	Director, Water Resources Dept. Speaks in opposition to these bills. Submits written testimony. (EXHIBITS N & O).
325	Chair Messerle	Asks if the courts have ever reversed the administrative rule.
327	Reed Marbut	Oregon Water Resource Department. Responds to question.
341	Chair Messerle	Restates question.
343	Marbut	Responds.
364	Chair Messerle	Asks how is the holder of the original adjudicated rights protected.
367	Cleary	Responds to question.
369	Chair Messerle	Restates question.
377	Cleary	Clarifies response.
407	Chair Messerle	Taps out of public hearing. Opens work session on SJM 7.
421	Sen. Atkinson	MOTION: Moves to SUSPEND the rules for the purpose of to allow Sen. Shields, Sen. Burdick, Sen. Deckert to record their vote on do pass motion of SJM 7.
422	Sen. Atkinson	MOTION: Moves to SUSPEND the rules for the purpose of to allow Sen. Shields, Sen. Burdick, Sen. Deckert to record their vote on the do pass motion of SJM 7.
		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
435	Sen. Atkinson	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. SHIELDS, SEN. BURDICK, SEN. DECKERT to BE RECORDED as voting AYE on the DO PASS motion of SJM 7.
443	Sen. R. Beyer	MOTION: Moves to SUSPEND the rules for the purpose of to allow Sen. Shields, Sen. Burdick, Sen. Deckert to record their vote for the do pass motion for SM 1.
456	Sen. R. Beyer	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. SHIELDS, SEN. BURDICK, SEN. DECKERT to BE RECORDED as voting AYE on the DO PASS motion for SM 1.
463	Chair Messerle	Re-opens public hearing on SB 17 and SB 18.
472	Don Russell	President of Klamath Basin Water Users Association. Asks the committee to allow the adjudication to move forward with no changes.
Tape 92,A
030	Russell	Continues testimony.
108	Sen. Atkinson	States that they are paying particular attention to how we can help.
115	Sen. Shields	States that he appreciates Mr. Russell’s testimony.
119	Russell	Reminds committee they (Klamath Basin Water Users) are people with a vested interest.
136	Sen. Shields	Notes that the state line of California runs through the middle of the basin. Asks if anything is happening in Sacramento.
143	Russell	Responds to question.
173	Cleary	Reinforces Mr. Russell’s comments regarding the involvement of all parties in the basin.
195	Russell	States that if anyone in Oregon thinks the United States and its agencies would not make an attempt to confiscate an Oregon resource, all they have to do is look at the Klamath Basin.
203	Sen. Burdick	Refers to story read over the weekend and asks that if the water users were to prevail in the law suit, and if they were to leave no water for fish, what would be the situation then. Asks if it would still be a crisis.
213	Cleary	Responds to question.
231	Russell	Makes statement noting that he did not mean to indicate that he doesn’t appreciate the fish.
234	Sen. Burdick	Responds that she wanted to get a scale of it, and to understand issue.
238	Russell	Makes further comments.
274	Karen Russell	Representing WaterWatch. Speaks in opposition to SB 17 & SB 18 and amendments. Submits written testimony. (EXHIBITS P & Q).
333	Sen. Shields	Gavels in full committee. Closes public hearing on SB 17 & SB 18. Open public hearing on SB 961.
SB 961, PUBLIC HEARING
341	Staff	Summarizes SB 961.
356	Kay Brown	Oregon Department of Fish and Wildlife. The department is not taking a position on this bill, and provides some comments. Submits written testimony. (EXHIBIT R).
373	Sen. Fisher	Ask how the poundage is figured on a per capita basis.
383	Brown	Responds.
397	Sen. Fisher	Asks since the Cow Creek Band of the Umpqau Indians has the smallest poundage, is it because they are the smallest tribe.
400	Brown	Responds that she doesn’t believe they are.
403	Karen Quigley	Executive Director of Legislative Commission on Indian Services. Responds that the requests from the tribes determine how many salmon they would need for traditional events.
422	Sen. Fisher	Asks how much actual poundage surplus they have.
423	Brown	Responds that it depends on the year.
439	Quigley	Relates appreciation how committee was willing to hear this bill.
482	Vice-Chair Shields	Closes public hearing on SB 961. Opens public hearing on SB 639. Gavels in sub-committee.
Tape 93, A
026	Staff	Summarizes SB 639.
041	Jim Niefert	Oregon Parks and Recreation. Testifies regarding day use fee.
057	Vice-Chair Shields	Asks for clarification regarding the number of parks along the coast.
059	Niefert	Responds.
064	Sen. Fisher	Asks what is so special about Shore Acres State Park.
067	Niefert	Responds that it’s a botanical garden and expands on description.
074	Sen. Fisher	Asks what makes it so different from the others that it would keep the fees.
076	Niefert	Responds.
084	Mark Bigger	Of Sen. George’s staff. Testifies in support of this bill.
096	Vice-Chair Shields	Closes public hearing on SB 639. Adjourns meeting at 10:33 a.m.

Submitted By, Reviewed By,

Cheryl Young, Judith Callens,

Committee Assistant Administrator

EXHIBIT SUMMARY

A – SB 957. written testimony, Neil Mullane, 2pp.

B – SB 957, written testimony, Jeannette Holman, 2pp.

C – SB 957, written testimony, Paul Cleary, 3pp.

D – SB 957, written testimony, Ted Lorenston, 2pp.

E – SB 957, written testimony, Roy Elicker, 2pp.

F – SB 579, written testimony, Jerry Schmidt, 2pp.

G – SB 579, written testimony, Tom Byler, 1p.

H – SB 898, written testimony, Martha Pagel, 2pp.

I – SB 898, written testimony, Paul Cleary, 2pp.

J – SB 898, written testimony, John Killin, 1p.

K – SB 212, written testimony, Ken Yates, 1p.

L – HM 1, written testimony, Jean Wilkinson for Roy Hathaway, 1p.

M – SB 17 & SB 18, written testimony, Richard Kosesan, oversized exhibit

N – SB 17, written testimony, Paul Cleary, 3pp.

O – SB 18, written testimony, Paul Cleary, 3pp.

P – SB 17, written testimony, Karen Russell, 1p.

Q – SB 18, written testimony, Karen Russell, 2pp.

R – SB 961, written testimony, Kay Brown, 1p.