HOUSE COMMITTEE ON WATER

March 13, 2003 Hearing Room B

8:30 AM Tapes 36 - 37

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

Ryan Sherlock, Committee Assistant

MEASURE/ISSUES HEARD: HB 2491 – WORK SESSION

HB 2226 – WORK SESSION

HB 2227 – WORK SESSION

HB 2456 – WORK SESSION

HB 2475 – PUBLIC HEARING

INFORMATIONAL MEETING

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 36, A
003	Chair Jenson	Calls meeting to order at 8:39 a.m., and opens a work session HB 2491.
HB 2491 – WORK SESSION
005	Pete Test	Committee Administrator. Offers a description of HB 2491.
010	Rep. Tomei	MOTION: Moves HB 2491 to the floor with a DO PASS recommendation.
015	Rep. Flores	Comments on her intention to vote yes on HB 2491 due to Rep. Johnson’s prior description of the bill.
020		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Kruse, Kropf
	Chair Jenson	The motion CARRIES. REP. FLORES will lead discussion on the floor.
025	Committee	Discussion on carrying the bill on the floor.
035	Chair Jenson	Closes the work session on HB 2491, and opens a work session on HB 2226.
HB 2226 – WORK SESSION
035	Pete Test	Committee Administrator. Offers a description of HB 2226.
040	Rep. Dingfelder	MOTION: Moves HB 2226 to the floor with a DO PASS recommendation.
045		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Kruse, Kropf
	Chair Jenson	The motion CARRIES. DINGFELDER will lead discussion on the floor.
060	Chair Jenson	Comments on the general support for the bill but the possibility need for clarification from the carrier, and closes the work session on HB 2226. Explains the need for further amendments on HB 2227 which will cause it to not be heard today. Opens a work session on HB 2456.
HB 2456 – WORK SESSION
085	Pete Test	Committee Administrator. Offers a description of HB 2456, and the proposed -1 amendment (EXHIBIT A).
095	Chair Jenson	Asks Mr. Test who was the advocate for the bill.
100	Test	Explains that the SB 93 Task Force was the primary advocate of the bill, and discusses the function of that group.
110	Rep. Dingfelder	MOTION: Moves to ADOPT HB 2456-1 amendments dated 03/05/03.
115		VOTE: 6-0 EXCUSED: 1 - Kropf
	Chair Jenson	Hearing no objection, declares the motion CARRIED.
120	Rep. Dingfelder	MOTION: Moves HB 2456 to the floor with a DO PASS AS AMENDED recommendation.
125		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Kropf
	Chair Jenson	The motion CARRIES. CHAIR JENSON will lead discussion on the floor.
135	Chair Jenson	Closes the work session on HB 2456, and opens a public hearing on HB 2475.
HB 2475 – PUBLIC HEARING
140	Pete Test	Committee Administrator. Offers a description of HB 2475.
150	Rep. Donna Nelson	House District 24. Offers written testimony (EXHIBIT B) in support of HB 2475.
170	Chair Jenson	Thanks the Representative for her testimony, and asks Ms. Fetters for her testimony.
175	Vikkye Fetters	Amity, Oregon. Offers testimony in support of HB 2475.
182	Chair Jenson	Asks Ms. Fetters what grade she is in school.
183	Fetters	Replies that she is in 7^th grade.
185	Chair Jenson	Thanks Ms. Fetters for her testimony and interest in her government.
190	Charles Stern	Oregon Association of County Clerks. Offers written testimony (EXHIBIT C) in support of HB 2475.
205	Chair Jenson	Asks whether there was any specific incident which was the synthesis of the proposed legislation.
210	Stern	Explains that his county has not had these issues, but talks about those issues faced by some counties in eastern Oregon.
245	Chair Brown	Thanks Mr. Stern for his testimony.
252	Kristina McNitt	Oregon Water Resources Congress. Offers testimony indicating her group’s support for HB 2475.
255	Rep. Tomei	Asks whether Ms. McNitt is aware of any problems which precipitated HB 2475.
260	McNitt	Explains that the problem was discovered during a review of the election laws.
270	Chair Jenson	Closes the public hearing on HB 2475, and opens an informational hearing.
INFORMATIONAL MEETING – WATER MARKETING
275	Cleary	Water Resources Department (WRD), Director. Offers informational testimony (EXHIBIT D) regarding water marketing.
400	Rep. Tomei	Asks how water marketing can affect districts.
405	Cleary	Addresses the problems with water rights in districts in the face of water marketing.
TAPE 37, A
020	Cleary	Continues with presentation regarding water marketing.
055	Rep. Kruse	Asks who pays fifteen thousand acres a foot for water.
060	Cleary	Explain that it is most likely a municipal use.
070	Rep. Schaufler	Asks about the change in usage to Wildlife and Extended.
075	Cleary	Explains that the mentioned category mainly refers to a specific wildlife refuge. Continues with presentation on water marketing.
155	Rep. Dingfelder	Asks if Mr. Cleary will address the Deschutes Basin groundwater mediation plan, because she has questions of how the WRD is evaluating the effectiveness of the mitigation banks currently in place.
INFORMATIONAL MEETING – UPDATE ON DESCHUTES BASIN GROUNDWATER MITIGATION PLAN
160	Paul Cleary	Explains that the first mitigation bank has just been chartered. Offers informational testimony (EXHIBIT E) regarding the Deschutes Basin groundwater mitigation.
190	Rep. Kropf	Asks about criticism of the Water Resources Department (WRD) regarding beneficial use in the Malheur Refuge.
200	Cleary	Addresses the criticism regarding the department’s interpretation of “beneficial use.”
220	Chair Jenson	Clarifies that the possible litigation against the WRD are based on its interpretation of statute.
225	Cleary	Comments on the creative and innovative uses of water which are not explicitly identified in statute, including requests for use of water at a worm farm.
245	Rep. Kruse	Points out that worm farms were codified in 1997.
255	Chair Jenson	Clarifies that the WRD has taken the position that based on its interpretation, there was no need to come to the legislature for clarification of the law.
260	Cleary	Discusses the umbrella terms in statute and the way in which other uses fit into those terms, continues with presentation regarding the Deschutes Basin.
295	Chair Jenson	Asks what happens when there is a major catastrophic event or a major change in state economics.
320	Cleary	Comments on how such events would be affected.
330	Chair Jenson	Comments on the Madison River case in Montana, and asks what would happen in a similar situation in Oregon.
350	Cleary	Explains that he does not have a good answer.
355	Chair Jenson	Points out that this could be a very real concern, and there is a real need to clarify the issue.
370	Cleary	Acknowledges and continues with the presentation regarding the Deschutes Basin.
TAPE 36, B
065	Chair Jenson	Clarifies that the use of ground water measurably affected the flow of the Deschutes River.
070	Cleary	Discusses the steps and measurements taken to record flow interruptions in rivers.
075	Rep. Schaufler	Asks how the WRD then knows that water flow has been interrupted.
080	Cleary	Discusses the department’s inability to directly measure the CFS in the river, making them rely on models.
090	Rep. Kruse	Discusses the problem with applying logic to water laws, and points out statute could be read to say it requires the WRD to do those measurements which the department deems impossible.
110	Rep. Dingfelder	Clarifies that the WRD looks at the cumulative impacts on water flow, and expresses the concerns of the environmental community regarding the measurements, and clarifies that the department comes to conclusions in this issue through modeling.
125	Cleary	Explains the modeling used by the department.
135	Rep. Schaufler	Clarifies that the department can accurately use the modeling, and asks how the department came to the one percent standard.
140	Cleary	Explains that SB 1033 from the 1995 legislative session, and the current efforts to revisit the topic.
155	Rep. Kruse	Comments on his skepticism regarding these studies regarding the relationship between ground water and surface water.
160	Chair Jenson	Asks if there is currently legislation to review or change the one percent standard.
165	Cleary	Explains that there is currently such legislation, but he does not know the number.
173	Chair Jenson	Asks whether any consideration has been given to the return flow from the irrigation, and what effect that return flow could have on the temperature of the Deschutes river.
180	Cleary	Explains that the model looks only at the consumptive use and continues with presentation.
245	Rep. Dingfelder	Clarifies that the district manages mitigation banks, or whether a non-profit is contracted to do this.
250	Cleary	Explains that so far the WRD has chartered one bank the Deschutes Mitigation Bank.
260	Rep. Dingfelder	Asks how the fees are assessed.
265	Cleary	Explains that the state does not run the bank. Concludes presentation regarding the Deschutes Basin Groundwater Mediation Plan.
280	Chair Jenson	Thanks Mr. Cleary, and asks if there is anybody else who would like to address this issue.
295	Jerry Schmidt	Oregon Ground Water Association. Discusses his organizations support for SB 1033 during the 1995 session, and the ways in which they came to the numbers which are currently those used.
390	Chair Jenson	Thanks Mr. Schmidt, and asks if the department could provide a list of scenic waterways in Oregon, and asks if the Columbia River is a scenic waterway.
395	Cleary	Responds that he will get that list for the committee, and recalls that the Columbia River is not a scenic waterway.
400	Schmidt	Explains that seventy percent of the state is in or above a scenic waterway.
420	Chair	Closes the informational hearing, and adjourns the meeting at 10:02 a.m.

EXHIBIT SUMMARY

A – HB 2456, -1 amendment, Staff, 4 pp.

B – HB 2475, written testimony, Rep. Nelson, 1 p.

C – HB 2475, written testimony, Charles Stern, 1 p.

D – INFORMATIONAL, Water Marketing, Paul Cleary, 9 pp.

E – INFORMATIONAL, Update on Deschutes Basin Ground Water Mitigation, Paul Cleary, 8 pp.