HOUSE COMMITTEE ON WATER

 

 

April 10, 2003 Hearing Room B

5:00 PM Tape  57 - 59

 

MEMBERS PRESENT:            Rep. Bob Jenson, Chair

Rep. Jackie Dingfelder, Vice-Chair

Rep. Jeff Kropf, Vice-Chair

Rep. Jeff Kruse

Rep. Linda Flores

Rep. Mike Schaufler

Rep. Carolyn Tomei

 

STAFF PRESENT:                  Pete Test, Committee Administrator

Ryan Sherlock, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            HB 2473 – Work Session

                                                HB 3108 – Work Session

                                                HB 2255 – Work Session

                                                HB 2515 – Work Session

                                                HB 2991 – Public Hearing

                                                HB 3309 – Public Hearing and Work Session

                                                HB 2360 – Public Hearing

                                                HB 3616 – Public Hearing

                                                HB 2812 – Public Hearing

                                               

 

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 57, A

003

Chair Jenson

Calls meeting to order at 5:10 p.m., and opens a work session on HB 2473.

HB 2473 – WORK SESSION

010

Rep. Butler

House District 60. Offers testimony in support of HB 2473

065

Roy Elicker

Oregon Department of Fish and Wildlife, Deputy Director. Offers testimony regarding HB 2473.

075

Chair Jenson

Expresses concern regarding the fiscal impact and asks whether Mr. Elicker is aware of the fiscal impact statement (EXHIBIT A).

080

Elicker

Acknowledges that he is aware of the fiscal impact statement.

085

Chair Jenson

Asks for Mr. Elicker to address the fiscal impact of the bill.

090

Elicker

Discusses the fiscal impact statement.

105

Chair Jenson

Acknowledges that it would cost the department more money, but questions where those costs come from. Asks Mr. Elicker for information regarding the additional costs.

150

Elicker

Indicates that he will get that information for the committee.

165

Chair Jenson

Closes the work session on HB 2473, and opens a work session on HB 3108.

HB 3108 – WORK SESSION

180

Pete Test

Committee Administrator. Offers a description of HB 3108, and introduces the proposed -3 amendments (EXHIBIT B).

200

Rep. Krieger

House District 1. Offers a history of the measure and the issue. Offers an explanation for the proposed -3 amendments.

305

Sen. Dukes

State Senator 16. Offers testimony in support of HB 3108, but only with the -3 amendment. Thanks Rep. Krieger for working with her on the issue.

355

Chair Jenson

Thanks Sen. Dukes for working with Rep. Krieger on the bill, and points out the difficulty of the issue.

390

Joe Rohleder

Waldport, Oregon. Explains his involvement with the bill.

400

Rep. Kruse

MOTION:  Moves to ADOPT HB 3108-3 amendments dated 04/10/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

405

Rep. Kruse

MOTION:  Moves HB 3108 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

410

Rep. Kruse

Thanks those who worked on the bill for their ability to compromise on the issue.

415

 

VOTE:  6-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Kropf

 

Chair Jenson

The motion CARRIES.

420

Chair Jenson

Closes the work session on HB 3108, and opens a work session on HB 2255.

HB 2255 – WORK SESSION

TAPE 58, A

020

Chair Jenson

Offers a brief description of the bill and the issue. Discusses the conflicting concerns regarding the issue.

030

Gail Shibley

Oregon Department of Human Services. Offers testimony in support of the -1 amendments (EXHIBIT C), but proposes a conceptual amendment.

055

Chair Jenson

Asks that the conceptual amendments be added on the Senate side.

060

Shibley

Indicates her support for saving the amendments for the Senate side.

065

Rep. Kruse

Concurs with the Chair’s dislike for conceptual amendments, but expresses his support for the intent behind the conceptual amendment.

075

Rep. Dingfelder

Points out that the bill has a prior reference to Ways and Means.

085

Chair Jenson

Comments on the fiscal affects of the conceptual amendments.

095

Willie Tiffany

League of Oregon Cities. Offers testimony regarding the bill, -1 amendment, and the proposed conceptual amendments.

110

Shibley

Discusses the costs of working in Task Forces, and discusses the importance of the Task Force.

120

Chair Jenson

Asks who would provide the clerical staff.

125

Shibley

Explains that it is in the bill that the department would staff the Task Force.

130

Rep. Kruse

Points out that it is already in the scope of work for the department.

140

Shibley

Acknowledges.

150

Chair Jenson

Discusses the committees intent with the bill, expresses his wish to delay action on the bill until the amendments are in line. Asks whether the committee is in support of the bill.

160

Rep. Kruse

Comments on his support for the intent of the bill.

165

Chair Jenson

Expresses his concerns for conceptual amendments, and expresses his intent to hold onto the bill until the conceptual amendments can be drafted by Legislative Counsel.

170

Rep. Kruse

Concurs with the Chair, and points out the simplicity of drafting -2 amendments to the bill.

180

Chair Jenson

Closes the work session on HB 2255, and opens a work session on HB 2515.

HB 2515 – WORK SESSION

185

Rep. Kruse

Expresses his interest in the bill.

195

Pete Test

Committee Administrator. Introduces the fiscal statement for the measure (EXHIBIT D).

205

Rep. Kruse

Comments on the issues regarding the bill.

235

Bob Graham

United States Department of Agriculture, National Resource Conservation Service. Offers testimony regarding HB 2515 with reference to Overview of the Sprague River Subbasin (EXHIBIT E).

335

John McDonald

Oregon Association of Conservation Districts, Executive Director. Offers written testimony (EXHIBIT F) in support of HB 2515.

TAPE 57, B

020

Rep. Kruse

Comments on the importance of the issue, and comments on the federal mandates, and the need to fund those mandates.  

040

Rep. Schaufler

Asks whether if the bill passes, and the state receives the federal matching funds, whether the state then can put the money back into the Oregon Watershed Enhancement Board.

045

Rep. Kruse

Comments on the use of the matching funds.

050

Rep. Dingfelder

Agrees that there needs to be more technical assistance, but expresses concern for where the state will find the source of funding which this bill requires. Asks what the opportunity costs are for OWEB regarding this bill.

070

McDonald

Explains that the funding priority decision rests with the legislature, and expresses the need for the bill.

080

Chair Jenson

Comments on the discussion presented so far.

095

Ken Bierly

Oregon Watershed Enhancement Board. Offers testimony regarding HB 2515. Discusses where the funding of the proposed Full Time Employment (FTE) would come from.

135

Chair Jenson

Discusses the general effort being made regarding the issue of environmental issues and concerns, and expresses concern for not funding these positions.

160

Bierly

Discusses the federal matching funds already received.

175

Rep. Kruse

Clarifies that OWEB has fifteen watersheds identified in the State.

180

Bierly

Explains that this might come from the Board’s reporting actions.

185

Rep. Kruse

Clarifies the reason for the fifteen watersheds.

195

Bierly

Further comments on the policy decisions regarding the fifteen watersheds.

200

Rep. Kruse

Points out the need for the matching funds.

205

Bierly

Points out the current use of those matching fund programs.

210

Chair Jenson

Closes the work session on HB 2515, and opens a public hearing on HB 2991.

HB 2991 – PUBLIC HEARING

215

Pete Test

Committee Administrator. Offers a description of HB 2991.

240

Rep. March

House District 46. Offers testimony in support of HB 2991.

285

Rep. Tomei

Asks how those whom have to sell their water rights or property for living expenses are able to reinvest the money.

290

Rep. March

Explains that usually the money is not needed for living expenses, but used for debt payback.

315

Rep. Tomei

Clarifies that this would be similar to the capital gains received from selling a house.

320

Rep. March

Discusses the similarity and differences between the two situations.

335

Rep. Dingfelder

Asks whether Rep. March knows how the issue is handled in California.

340

Rep. March

Indicates that he does not know, but will get that information for the committee.

345

Rep. Schaufler

Thanks Rep. March for his interest in the topic.

350

Rep. March

Comments on his interest.

355

Rep. Flores

Clarifies which IRS provisions would still apply.

360

Rep. March

Discusses the relevant provisions, indicating that it only applies to the Oregon taxes.

375

Glen Stonebrink

Oregon Cattlemen Association. Explains his group’s opposition to selling water rights to non-farmers (irrigators), but concern for the problem. Asks about specific wording in the measure.

410

Rep. Schaufler

Clarifies that Mr. Stonebrink believes that the water right should just stay with the land.

TAPE 58, B

010

Stonebrink

Discusses the issues surrounding water rights and transference.

035

Rep. Schaufler

Opinions that, in the case of lands which are unproductive, there should be the ability to transfer water rights to more productive lands.

045

Stonebrink

Acknowledges, pointing out that his group would be in support of the bill if it only allowed transference between farmers.

055

Chair Jenson

Asks Mr. Sussman to address the legality of water rights transfer.

065

Adam Sussman

Oregon Water Resources Department. Discusses the legal issues of water right transfer.

080

Rep. Schaufler

Asks Rep. March why there is not a provision for selling these water rights to farmers.

085

Rep. March

Recalls the discussions during the formulation of the bill, providing that the committee could amend the bill to allow this provision.

100

Chair Jenson

Closes the public hearing on HB 2991, and opens a public hearing on HB 3309.

HB 3309 – PUBLIC HEARING

105

Chair Jenson

Points out to the committee that the bill has an issued fiscal impact statement (EXHIBIT G).

110

Willie Tiffany

League of Oregon Cities. Offers written testimony (EXHIBIT H) in support of HB 3309.

150

Chair Jenson

Asks whether those rules which were adopted were suggested by a workgroup.

155

Tiffany

Discusses the efforts of the involved workgroups.

200

Chair Jenson

Points out that with the planning process, cities made money.

205

Tiffany

Concludes his testimony in support of HB 3309, indicating his group would be in support of the -1 amendments (EXHIBIT I) which will be presented by Mr. Sussman of the WRD.

240

Adam Sussman

Oregon Water Resources Department. Offers written testimony (EXHIBIT J) regarding HB 3309, expressing concern for the fiscal impact imposed by the bill, but fixed by the proposed -1 amendments.

290

Chair Jenson

Asks about the time element on the perfection process.

300

Sussman

Discusses the time issues in regards to the bill.

315

Chair Jenson

Clarifies that there is no time frame after which the city loses its water rights.

320

Sussman

Concurs that there is no time frame after which the cities might lose their water rights.

325

Chair Jenson

Further clarifies the issue, and asks about the number of extensions.

330

Sussman

Explains that there are no limits on the number of extensions.

335

Tiffany

Comments on the extension issue.

350

Doug Myers

Waterwatch. Offers written testimony (EXHIBIT K) in opposition to HB 3309.

385

Rep. Tomei

Asks what harm there is in granting this privilege.

390

Myers

Discusses the history of the workgroup which formulated the bill, and discusses the fairness of allowing municipalities to tie up water rights indefinitely.

TAPE 59, A

005

Chair Jenson

Discusses the fairness issue in regards to the need for municipal water rights and their longevity.

035

Myers

Expresses his perception that all western water laws need to be addressed for its complexity.

040

Chair Jenson

Discusses the issue of western water law rewrites.

050

Rep. Tomei

Asks Mr. Myers to clarify specific language in his written testimony which indicates the bill could mean less water in the States rivers and streams.

055

Myers

Responds, clarifying his statement regarding the water loss in rivers and streams.

070

Rep. Tomei

Clarifies that the city would already have the water right, but just not be using the water.

080

Myers

Points out an Attorney General’s decision that municipalities can lose water rights if those rights are not being utilized.

095

Chair Jenson

Closes the public hearing on HB 3309, and opens a work session on HB 3309.

HB 3309 – WORK SESSION

100

Rep. Dingfelder

Expresses her continued concerns for the measure, and intention to vote NO on the bill.

105

Rep. Tomei

Clarifies that the amendment would eliminate the fiscal impact of the bill.

110

Chair Jenson

Points out that there is a subsequent referral to Ways and Means.

120

Rep. Tomei

MOTION:  Moves to ADOPT HB 3309-1 amendments dated 04/09/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

125

Rep. Tomei

MOTION:  Moves HB 3309 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

130

Rep. Kruse

Clarifies Rep. Dingfelder’s intent to vote No.

135

Rep. Dingfelder

Expresses her current concern, but possible ability to vote for the bill on the floor.

140

 

VOTE:  5-1

AYE:               5 - Flores, Kruse, Schaufler, Tomei, Jenson

NAY:               1 - Dingfelder

EXCUSED:     1 - Kropf

 

Chair Jenson

The motion CARRIES.

150

Chair Jenson

Closes the work session on HB 3309, and opens a public hearing on HB 2360.

HB 2360 – PUBLIC HEARING

155

Pete Test

Committee Administrator. Offers a description of HB 2360.

165

Kay Brown

Oregon Department of Fish and Wildlife. Offers testimony regarding HB 2360.

190

Rep. Flores

Clarifies the intent of the bill.

195

Brown

Explains that the purpose is to restrict transferring permits from smaller boats to bigger boats, which often increases the fishing haul unintentionally.

200

Rep. Tomei

Clarifies the restriction would only limit within five feet.

205

Brown

Further discusses the length restriction currently and how the bill would change the length restriction.

215

Rep. Kruse

Attempts to better understand the intent of the bill.

220

Rep. Tomei

Clarifies that then the bill would make the transferring more restrictive, which may not be the intent of the bills sponsor.

225

Chair Jenson

Points out that the sponsor of the bill is not in attendance.

230

Rep. Tomei

Relates an earlier conversation she has had with the sponsor (Rep. G. Smith) which would indicate his intention differs from the effect of the bill.

250

Chair Jenson

Closes the public hearing on HB 2360, and opens a public hearing on 3616.

HB 3616 – PUBLIC HEARING

255

Chair Jenson

Closes the public hearing on HB 3616, and opens a public hearing on HB 2812.

HB 2812 – PUBLIC HEARING

260

Chair Jenson

Closes the public hearing on HB 2812, and adjourns the meeting.

 

 

EXHIBIT SUMMARY

 

A – HB 2473, fiscal impact statement, Staff, 1 p.

B – HB 3108, -3 amendments, Staff, 3 pp.

C – HB 2255, -1 amendments, Staff, 2 pp.

D – HB 2515, fiscal impact statement, Staff, 1 p.

E – HB 2515, Overview of the Sprague River Subbasin, Bob Graham, 2 pp.

F – HB 2515, written testimony, John McDonald, 2 pp.

G – HB 3309, fiscal impact statement, Staff, 1 p.

H – HB 3309, written testimony, Willie Tiffany, 2 pp.

I – HB 3309, -1 amendments, Staff, 4 pp.

J – HB 3309, written testimony, Adam Sussman, 2 pp.

K – HB 3309, written testimony, Doug Myers, 2 pp.