HOUSE COMMITTEE ON WATER

 

 

January 21, 2003   Hearing Room 357

8:30 A.M.      Tapes 3 - 4

 

MEMBERS PRESENT:            Rep. Bob Jenson, Chair

Rep. Jackie Dingfelder, Vice-Chair

Rep. Jeff Kropf, Vice-Chair

Rep. Linda Flores

Rep. Jeff Kruse

Rep. Mike Schaufler

Rep. Carolyn Tomei

 

STAFF PRESENT:                  Pete Test, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2033 – Public Hearing

                                                Informational Meeting – Introduction to Water Law 101

                                                     -Paul Cleary, Director, Oregon Water Resources Dept. (OWRD)

                                                     -Adam Sussman, OWRD

 

 

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 3, A

003

Chair Jenson

Calls meeting to order at 8:42 am. Opens public hearing on HB 2033.

HB 2033 – PUBLIC HEARING

013

Pete Test

Committee Administrator. Summarizes HB 2033.

028

Kay Brown

Fish Division, Oregon Department of Fish and Wildlife (ODFW). Submits and summarizes prepared testimony in support of HB 2033 (EXHIBIT A).

058

Rep. Kruse

Asks for clarification of language regarding outstanding balances.

062

Brown

Clarifies language.

069

Rep. Kruse

Asks for additional clarification.

075

Brown

Clarifies language regarding “catch” and “by-catch”.

081

Rep. Kruse

Asks if language should be more specific.

095

Brown

Responds that ODFW would not have problem with more specific language.

098

Chair Jenson

States desire for agencies’ amendments to be completed before committee hears bill.

126

Nick Furman

Administrator, Oregon Albacore Commission (OAC); Executive Director, Oregon Dungeness Crab Commission (ODCC). Submits and summarizes prepared testimony in support of HB 2033 (EXHIBIT B).

219

Rep. Alan Brown

House District 10. Testifies in support of HB 2033.

236

Chair Jenson

Stresses importance of commodity commissions.

244

Rep. Schaufler

Asks how HB 2033 will be enforced.

250

Furman

Explains enforcement of HB 2033.

277

Chuck Craig

Deputy Director, Oregon Department of Agriculture (ODA). Submits and summarizes prepared testimony in support of HB 2033 and amendments (EXHIBIT C).

314

Chair Jenson

Asks about penalty for non-compliance.

335

Susan Hiller

Commodity Commission Program Manager, ODA. Explains current provisions regarding non-compliance.

345

Chair Jenson

Asks for clarification regarding provisions.

346

Hiller

Offers further clarification.

365

Rep. Kruse

Asks about specificity of language regarding amendments.

375

Brown

Responds that amendments could include specific language.

381

Chair Jenson

Closes public hearing on HB 2033. Opens informational meeting.

INFORMATIONAL MEETING

407

Paul Cleary

Director, Oregon Water Resources Department (OWRD). Submits and summarizes power point presentation of overview of OWRD and Introduction to Water Law (EXHIBIT D).

TAPE 4, A

001

Cleary

Continues presentation.

019

Rep. Kruse

Asks about number of Federal Energy Regulatory Commission (FERC) processes OWRD is involved in.

020

Cleary

Responds that he is unsure and explains Oregon’s number of FERC re-licensing.

023

Rep. Kruse

States that process is bothersome.

025

Cleary

Explains projects being worked on by OWRD.

033

Rep. Kropf

Asks about process for licensing of dams on Snake River in Idaho.

043

Cleary

Responds and explains costs and processes regarding licensing programs.

058

Rep. Kropf

Asks if OWRD has any streamlining suggestions for.

061

Cleary

Responds that OWRD has no legislation. Continues presentation.

078

Rep. Dingfelder

Asks for clarification of organization of OWRD.

081

Cleary

Clarifies OWRD organization. Offers additional clarification regarding OWRD organization. Continues presentation.

143

Chair Jenson

Asks about OWRD fee increases.

145

Cleary

Mentions future fee adjustment bill. Continues presentation.

155

Rep. Kropf

Asks about retirements during 03-05 biennium.

162

Cleary

Explains how position vacancies are being managed.

197

Rep. Kropf

Asks for clarification of OWRD staffing.

205

Cleary

Offers additional clarification of OWRD staffing.

238

Adam Sussman

Continues power point presentation “Introduction to Water Law.” (D).

322

Chair Jenson

Asks about in-stream water rights.

334

Sussman

Responds that in-stream water right was not established until 1987.

339

Chair Jenson

Asks about original beneficial use.

346

Sussman

Responds that it is included in statute. Continues presentation.

389

Rep. Schaufler

Asks about senior and junior water users.

400

Sussman

Offers clarification of senior and junior water users. Continues presentation.

TAPE 3, B

011

Chair Jenson

Discusses transfers of water rights.

017

Rep. Kruse

Explains that point-of-diversion has become major issue.

021

Rep. Kropf

Speaks in favor of flexibility in laws.

034

Cleary

Addresses flexibility in water laws by OWRD.

044

Chair Jenson

Emphasizes that water issues are complex.

058

Sussman

Continues presentation.

102

Rep. Tomei

Asks for explanation of water permit process.

107

Sussman

Explains permit process.

125

Rep. Tomei

Asks for further clarification regarding City of Wilsonville permitting process.

128

Cleary

Clarifies and explains Wilsonville example.

138

Rep. Tomei

Asks for further explanation of example.

140

Cleary

Further explains example.

145

Rep. Tomei

Ask follow regarding Wilsonville permitting.

147

Cleary

Offers clarification.

156

Sussman

Offers further clarification and explains process.

168

Dingfelder

Asks about re-visiting 5-year permitting process and asks about number of permits and extensions issued.

175

Sussman

Answers that OWRD does not have intention to re-visit 5-year provision. Clarifies statute.

185

Cleary

States that he is unsure of number of permits requiring extension.

196

Chair Jenson

Explains complexities of water issues.

236

Sussman

Continues presentation.

302

Rep. Dingfelder

Asks about over-appropriated basins in Oregon.

307

Cleary

Explains over-appropriation.

369

Chair Jenson

Explains that committee will see future legislation regarding water usage. Asks about usage and availability for permitting process.

419

Cleary

Clarifies usage and availability for permitting process.

438

Sussman

Continues presentation.

TAPE 4, B

038

Chair Jenson

Asks for explanation of irrigation and agriculture.

042

Sussman

Explains irrigation and agriculture. Continues presentation.

076

Chair Jenson

Asks for causes of increase in water transfer requests.

088

Sussman

Explains reasons for water transfer request increase.

130

Chair Jenson

Asks about potential areas to make changes to statute to expedite transfers.

140

Cleary

Explains future meeting at which issue will be addressed.

149

Rep. Flores

Asks about transfer processing status backlog.

157

Cleary

Responds that OWRD is trying to reduce backlog.

161

Chair Jenson

Explains benefit of water users having ability to better manage water usage.

179

Sussman

Continues presentation regarding statewide water rights.

218

Cleary

Continues presentation regarding key issues.

266

Rep. Dingfelder

Asks about OWRD staffing and funding dedicated to Klamath Basin adjudication.

270

Cleary

Explains staffing and funding for Klamath Basin adjudication.

324

Chair Jenson

Discusses Klamath Basin partnership issue with California and asks for additional information.

341

Cleary

Explains cooperation with California regarding Klamath Basin adjudication. Concludes presentation.

463

Chair Jenson

Adjourns meeting at 10:32 am.

 

 

EXHIBIT SUMMARY

 

A – HB 2033, prepared testimony, Kay Brown, ODFW, 1 p

B – HB 2033, prepared testimony, Nick Furman, OAC, ODCC, 1 p

C – HB 2033, prepared testimony, Chuck Craig, ODA, 1 p

D – Informational, prepared testimony, Paul Cleary, OWRD, 44 pp