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.