HOUSE COMMITTEE ON WATER

 

 

April 17, 2003 Hearing Room B

8:00 AM Tape  65 - 72

 

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 2659 – Work Session

                                                HB 2991 – Work Session

                                                HB 3220 – Work Session

                                                HB 3217 – Work Session

                                                HB 3215 – Work Session

                                                HB 2473 – Work Session

                                                HB 3006 – Work Session

                                                HB 2516 – Work Session

                                                HB 3047 – Work Session

                                                HB 3201 – Work Session

                                                HB 3298 – Work Session

                                                HB 3281 – Work Session

                                                HB 2364 – Work Session

                                                HB 3620 – Work Session

                                                HB 2431 – Work Session

                                                HB 3555 – Work Session

                                                HB 3597 – 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 65, A

003

Chair Jenson

Calls meeting to order at 8:10 a.m., and discusses the meeting for the day. Opens a work session on HB 2659.

HB 2659 – WORK SESSION

020

Pete Test

Committee Administrator. Offers a description of HB 2659, and the proposed -3 amendments (EXHIBIT A).

040

Chair Jenson

Clarifies the purpose -3 amendments.

045

Test

Acknowledges the clarification.

050

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 2659-3 amendments dated 04/14/03.

055

 

VOTE:  5-0

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

060

Rep. Dingfelder

MOTION:  Moves HB 2659 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

065

 

VOTE:  5-0

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

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

The motion CARRIES.

MERKLEY will lead discussion on the floor.

065

Chair Jenson

Closes the work session on HB 2659, and opens a work session on HB 2991.

HB 2991 – WORK SESSION

070

Pete Test

Committee Administrator. Offers a description of HB 2991, and the proposed -1 amendments (EXHIBIT B).

080

Glen Stonebrink

Oregon Cattlemen’s Association. Offers testimony regarding HB 2991 with support for the proposed -1 amendments.

085

Chair Jenson

Thanks Mr. Stonebrink, and acknowledges the intent of the proposed -1 amendments.

090

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 2991-1 amendments dated 04/14/03.

 

 

VOTE:  5-0

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

095

Rep. Dingfelder

MOTION:  Moves HB 2991 to the floor with a DO PASS AS AMENDED recommendation.

100

 

VOTE:  5-0

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

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

The motion CARRIES.

MARCH will lead discussion on the floor.

105

Chair Jenson

Closes the work session on HB 2991, and opens a work session on HB 3220.

HB 3220 – WORK SESSION

120

Neil Bryant

Bend, Oregon. Introduces and defers to Mr. Griffin.

135

Patrick Griffin

City of Bend. Offers written testimony (EXHIBIT C) and presentation in support of HB 3220, with reference to The Deschutes River Basin – Seeing Things Whole (EXHIBIT D).

260

Doug Riggs

Central Oregon Cities Organization. Offers testimony in support of HB 3220, and introduces a letter from Bob Shiprack of the Oregon Building and Construction Trades Council (EXHIBIT E) in support of HB 3220, HB 3215, and HB 3217.

300

Chair Jenson

Clarifies the intent of amendments which will be submitted.

310

Neil Bryant

Bend, Oregon. Acknowledges the clarification, but indicates that he has not seen the amendments in question.

315

Chair Jenson

Points out that the Committee will be unable to move the bill until the amendments are available.

320

Bryant

Comments on his intent to work with the other interested parties regarding those amendments. Offers written testimony (EXHIBIT F) in support of HB 3220.

410

Rep. Dingfelder

Asks whether HB 3220 would apply to all scenic waterways.

415

Bryant

Acknowledges.

420

Dingfelder

Clarifies that the agencies can currently make a determination to allow above the one percent allowed.

425

Bryant

Explains that anything above one percent requires mitigation.

430

Dingfelder

Asks whether those mitigation efforts can be incorporated with the Deschutes mitigation bank.

435

Bryant

Acknowledges that this is where most of the mitigation takes place.

TAPE 66, A

020

Adam Sussman

Oregon Water Resources Department. Offers written testimony (EXHIBIT G) in opposition to HB 3220.

035

Chair Jenson

Comments on Mr. Griffin’s testimony.

040

Sussman

Acknowledges, and continues with testimony in opposition to HB 3220.

060

Rep. Kruse

Questions whether the department has found a way to figure a one CFS impact on the river.

065

Sussman

Explains that while they are not able to measure a reduction in stream flow, but they can estimate this by measuring consumption of that flow.

070

Rep. Kruse

Clarifies that they are measuring consumptive use and basing flow consumption on this.

080

Sussman

Refers to statute.

085

Rep. Kruse

Questions the use of consumption as a benchmark.

090

Rep. Schaufler

Questions the assumptions which were used to outline the statute, but expresses his w. And asks whether the department has seen the proposed amendments.

095

Sussman

Explains that he has seen the conceptual amendments, but they do not allay his concerns.

105

Kimberley Priestley

WaterWatch. Offers written testimony (EXHIBIT H) in opposition to HB 3220.

150

Rep. Tomei

Asks for clarification of a chart in Ms. Priestley’s written testimony.

160

Priestley

Gives an explanation of that chart.

170

Rep. Tomei

Further clarifies the information from the chart.

175

Priestley

Responds. Continues with testimony in opposition to HB 3220.

205

Rep. Schaufler

Asks where presented figures come from.

206

Priestley

Explains that the figures in question came from the Water Resources Department website.

220

Steve Brutscher

Oregon Park and Recreation Department. Offers written testimony (EXHIBIT I) from Michael Carrier, Director of the Park and Recreation Department, in opposition to HB 3220.

245

Aubrey Russell

Oregon Trout. Offers written testimony (EXHIBIT J) in opposition to HB 3220.

280

Rep. Schaufler

Refers to his earlier statement regarding the current statute. Asks whether Mr. Russell would agree.

290

Russell

Comments on Rep. Schaufler’s suggestion regarding the current statute.

295

Priestley

Refers to Rep. Schaufler’s comment, and discusses the current statute.

310

Chair Jenson

Clarifies Ms. Priestley use of the John Day River as an example, points out that with the coming amendments that river would be protected. Asks about the witnesses’ stance on the Columbia River.

330

Russell

Discusses the issue of the Columbia River.

340

David McAllister

Oregon Department of Fish and Wildlife. Offers written testimony (EXHIBIT K) in opposition to HB 3220.

380

Rep. Tomei

Clarifies that HB 3220 would not just the Deschutes River.

385

McAllister

Acknowledges.

400

Chair Jenson

Expresses his wish to wait for the amendments, closes the work session on HB 3220, and opens a work session on HB 3217.

HB 3217 – WORK SESSION

TAPE 65, B

005

Neil Bryant

Bend, Oregon. Introduces the bill.

010

Chair Jenson

Clarifies that the witness is testifying to the proposed -2 amendments (EXHIBIT L) .

015

Bryant

Acknowledges, and introduces Mr. Prowel and Ms. Meloy.

020

Roger Prowel

City of Bend. Offers testimony in support of HB 3217.

040

Mary Meloy

City of Redmond, Public Works Director. Offers written testimony (EXHIBIT M) in support to HB 3217.

100

Chair Jenson

Points out the success of the Redmond High School boys basketball program.

105

Adam Sussman

Water Resources Department. Offers written testimony (EXHIBIT N) in opposition to the bill as currently written.

120

Chair Jenson

Asks whether the department’s concerns are addresses in the -2 amendments.

125

Sussman

Explains that their concerns are not are not addressed by the -2 amendments.

140

Chair Jenson

Asks Mr.  if he has anything to add.

145

Tom Paul

Water Resources Department. Explains that he is there if the committee has any questions.

150

Rep. Tomei

Clarifies information in Ms. Meloy’s written testimony, and asks Mr. Paul to address the temporary transfer.

155

Paul

Comments on those temporary transfers.

160

Chair Jenson

Asks that the department confer with the proponents of the bill to address concerns.

165

Kimberly Priestley

WaterWatch. Offers written testimony (EXHIBIT O) in opposition to HB 3217 as currently written.

175

Aubrey Russell

Oregon Trout. Offers written testimony (EXHIBIT P) in opposition to HB 3217 as currently written.

190

Chair Jenson

Asks that these witnesses confer with the proponents of the bill.

200

Anita Winkler

Oregon Water Resources Congress. Offers testimony regarding HB 3217 and HB 3215.

235

Chair Jenson

Asks that Ms. Winkler work with the proponents to address her groups concerns.

240

Winkler

Reiterates that while her group has concerns they do not want to keep the bill from moving.

245

Chair Jenson

Indicates the Committee’s intent to move a clean bill.

250

Katie Fast

Oregon Cattlemen’s Association. Offers testimony regarding HB 3217.

255

Chair Jenson

Closes the work session on HB 3217, and opens a work session on HB 3215.

HB 3215 – WORK SESSION

260

Neil Bryant

Bend, Oregon. Offers testimony in support of HB 3215, with reference to the proposed -2 amendments (EXHIBIT Q).

265

Robert MacRostie

Deschutes Valley Water District. Offers written testimony (EXHIBIT R) in support of HB 3215. Expresses continuing concerns which are not addressed by the proposed -2 amendments.

340

Rex Barber

Water For Life. Offers written testimony (EXHIBIT S) in support of HB 3215.

385

Rep. Dingfelder

Asks Mr. Bryant what would happen to the surface water rights, and whether these rights would be transferred in-stream.

395

Barber

Explains that those rights would go back into the river.

400

MacRostie

Further clarifies the surface water rights issue.

405

Rep. Dingfelder

Clarifies that those surface rights would go back in-stream.

410

MacRostie

Points out that the agency could only reallocate that water to certain areas.

TAPE 66, B

005

Bryant

Thanks the Committee for its time.

010

Chair Jenson

Asks what the Mr. MacRostie would like to see in the clean amendments.

015

MacRostie

Explains his groups concerns for the measure as currently written, and suggestions (EXHIBIT T).

045

Adam Sussman

Water Resources Department. Offers written testimony (EXHIBIT U) regarding HB 3215. Points out the existing process for accomplishing what the bill attempts to do.

050

Chair Jenson

Points out that the proponents are probably not satisfied with that process.

055

Sussman

Acknowledges, and continues with testimony.

075

Aubrey Russell

Oregon Trout. Offers written testimony (EXHIBIT V) in opposition to HB 3215.

100

Kimberley Priestley

WaterWatch. Offers written testimony (EXHIBIT W) in opposition to HB 3215.

115

Russell

Further comments on the effects of the bill, pointing out a mitigation which would be eliminated because of the bill.

140

Roger Prowel

Bend, Oregon. Addresses the statement from Mr. Russell.

160

Chair Jenson

Closes the work session on HB 3215, and opens a work session on HB 2473.

HB 2473 – WORK SESSION

165

Pete Test

Committee Administrator. Offers a description of HB 2473, and the proposed -1 amendments (EXHIBIT X).

175

Rep. Butler

House District 60. Offers testimony in support of HB 2473, and the proposed -1 amendments.

230

Chair Jenson

Thanks Rep. Butler for his time.

235

Rep. Butler

Points out that the amendment effectively removes the fiscal impact of the bill.

260

Roy Elicker

Department of Fish and Wildlife. Offers testimony in opposition to HB 2473, expressing concern for making the program permanent in light of the coming Governor’s Budget.

285

Chair Jenson

Questions Mr. Elicker’s concerns with the bill in reference to the Governor’s Budget.

300

Elicker

Acknowledges Chair Jenson’s point, and further discusses the budget issue.

315

Rep. Schaufler

Clarifies Mr. Elicker’s argument for eliminating the entire program.

335

Elicker

Explains that this was not his point. Discusses his concerns with the amendments.

365

Rep. Flores

Asks about figures which Mr. Elicker had indicated he would provide for the Committee.

370

Elicker

Explains that he had provided that information to Rep. Kropf, and explains that he will get the information for the rest of the Committee. Continues with testimony regarding HB 2473.

TAPE 67, A

005

Phil Donovan

Northwest Steelheaders Association. Offers testimony regarding HB 2473.

025

Chair Jenson

Recesses the meeting at 10:01 a.m.

RECESS

030

Chair Jenson

Calls the meeting back to order at 10: 04 a.m.

035

Rep. Kruse

MOTION:  Moves to ADOPT HB 2473-1 amendments dated 04/14/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

040

Rep. Kruse

MOTION:  Moves HB 2473 to the floor with a DO PASS AS AMENDED recommendation.

041

Rep. Tomei

Expresses her intent to vote No on the bill.

045

Rep. Kruse

Points out the pilot program worked, so it makes sense to make the program permanent.

047

 

VOTE:  4-2

AYE:               4 - Flores, Kropf, Kruse, Jenson

NAY:               2 - Schaufler, Tomei

EXCUSED:     1 - Dingfelder

 

Chair Jenson

The motion CARRIES.

REP. BUTLER will lead discussion on the floor.

050

Chair Jenson

Closes the work session on HB 2473, and opens a work session on HB 3201.

HB 3006 – WORK SESSION

055

Chair Jenson

Welcomes Senator Ferrioli to the meeting.

060

Rep. Kropf

Thanks Senator Ferrioli for his attendance.

065

Senator Ted Ferrioli

Senate District 30. Offers testimony in support of HB 3006.

115

Rep. Schaufler

Asks about the origin of the suggested timeframe in the bill.

120

Sen. Ferrioli

Explains that the figure came from a compromise number.

125

Rod Johnson

Roseburg, Oregon. Further discusses the origin of the timeframe in the bill.

130

Rep. Schaufler

Asks whether there was any scientific reasoning for the timeframe.

135

Johnson

Explains that the number is arbitrary and further comments on how the number was decided upon. Offers written testimony (EXHIBIT Y) in support of HB 3006. Expresses the need for an amendment which could address the possible loss of federal funding. Submits written testimony (EXHIBIT Z) from Dan Huff, City of Roseburg.

200

Sen. Ferrioli

Points out that the program would be permissive.

230

Rep. Tomei

Asks about the definition of wetlands in the bill.

235

Johnson

Explains how the definition was created.

245

Rep. Tomei

Clarifies that the definition is restrictive in that if a wetland is dry for longer than thirty days it is no longer a wetland.

250

Johnson

Acknowledges, and further discusses the definition.

255

Rep. Kruse

Points out that the definition of wetlands and marginal wetlands has been debated for more than twenty years.

265

John Lilly

Division of State Lands. Offers written testimony (EXHIBIT AA) regarding HB 3006.

290

Chair Jenson

Asks for Mr. Lilly to address the efforts to compromise on the Senate side.

300

Lilly

Discusses the cooperation regarding the issue. Continues with testimony.

TAPE 68, A

005

Rep. Schaufler

Expresses concern for the current definition of wetlands. Asks about specifics of written testimony.

020

Lilly

Explains those statements in the written testimony.

025

Rep. Kropf

Asks whether Mr. Lilly is implying that 404 assumption would only be obtained for marginal wetlands.

030

Lilly

Discusses the 404 assumption.

050

Rep. Kropf

Questions Mr. Lilly’s written testimony which states that wetlands would be lost.

060

Lilly

Discusses the possible loss of wetlands.

080

Rep. Kropf

Clarifies that if a city does not choose to utilize the authority authorized by the bill, the DSL would still hold authority.

085

Lilly

Explains that as the Division reads it, they would lose that authority.

090

Liz Frenkel

League of Women Voters. Offers written testimony (EXHIBIT BB) in opposition to HB 3006.

145

Chair Jenson

Stands the committee at ease.

RECESS

146

Chair Jenson

Calls meeting back to order.

150

Glen Stonebrink

Oregon Cattlemen’s Association. Indicates his groups support for the bill.

155

Jean Wilkinson

Oregon Farm Bureau. Indicates her groups support for the bill.

160

Chair Jenson

Indicates his intention to send the bill to the floor, and discusses the possibility of another bill which addresses the same topic. Discusses the issues which have been raised regarding wetland definition. Asks that the differing concerns be addressed on the Senate side.

190

Rep. Kruse

MOTION:  Moves HB 3006 to the floor with a DO PASS recommendation.

195

 

VOTE:  4-0

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

EXCUSED:  3 - Dingfelder, Schaufler, Tomei

 

Chair Jenson

The motion CARRIES.

REP. KRUSE will lead discussion on the floor.

200

Chair Jenson

Closes the work session on HB 3006, and opens a work session on HB 2516.

HB 2516 – WORK SESSION

205

Pete Test

Committee Administrator. Offers a description of HB 2516, and the proposed -1 amendments (EXHIBIT CC).

210

Kate Brown

Oregon Department of Fish and Wildlife. Offers testimony in opposition to HB 2516.

235

Rep. Kropf

Clarifies that by changing the name there would be a fiscal impact.

240

Brown

Explains that there would be no change to the fiscal impact of the bill, and discusses the issue.

250

Rep. Kruse

Points out that process would not change and the ODFW would still have to ask the questions, creating the fiscal impact.

255

Brown

Acknowledges.

260

Rep. Kropf

Clarifies that the expense from the management plan would still exist.

265

Brown

Acknowledges.

270

Rep. Kropf

Points out that this expensed might not be assessed during this biennium.

275

Rep. Kruse

Acknowledges, and points out that this is the reason the Committee should send the bill to Ways and Means.

280

Brown

Further comments on the cost, and points out there would be some cost assessed this biennium.

285

Chair Jenson

Questions why the fiscal impact would detract from the need for the bill.

310

Glen Stonebrink

Oregon Cattlemen’s Association. Discusses the history of the issue, and indicates his groups support for the bill.

320

Chair Jenson

Asks Mr. Huntington to address the issue. Asks whether this issue would call into the domain of OWEB.

325

Jeff Huntington

Oregon Watershed Enhancement Board. Explains that he does not know whether this issue would fall under the legal domain of OWEB.

330

Rep. Kruse

Comments on salmon recovery.

340

Chair Jenson

Thanks Mr. Huntington for his testimony.

345

Rep. Kruse

MOTION:  Moves to ADOPT HB 2516-1 amendments dated 04/15/03.

 

 

VOTE:  4-0

EXCUSED:  3 - Dingfelder, Schaufler, Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

350

Rep. Kruse

MOTION:  Moves HB 2516 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

355

 

VOTE:  4-0

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

EXCUSED:  3 - Dingfelder, Schaufler, Tomei

 

Chair Jenson

The motion CARRIES.

380

Chair Jenson

Closes the work session on HB 2516, and recesses the meeting at 10:55 a.m., until the committee reconvenes at 5:00 p.m.

RECESS

TAPE 67, B

001

Chair Jenson

Reconvenes meeting at 5:00 p.m., and opens a work session on HB 3047.

HB 3047 – WORK SESSION

015

Pete Test

Committee Administrator. Offers a description to HB 3047, and refers to the proposed -2 amendments (EXHIBIT DD).

020

Rep. Dingfelder

Offers a description of the -2 amendments which limit the scope of the bill to urban areas, which was the original intent of the bill.

035

Katherine VanNatta

Northwest Pulp and Paper Association. Offers testimony regarding HB 3047 and the proposed -2 amendments.

060

Rep. Kruse

Expresses his support for waste water reuse, but expresses his concerns regarding the tone and intent of HB 3047.

075

Rep. Dingfelder

Points out that the -2 amendments should have language addressing this issue.

080

Rep. Kruse

Further expresses his concerns regarding the issue.

085

Rep. Dingfelder

Recognizes Rep. Kruse’s concerns.

090

Chair Jenson

Points out that Rep. Kruse’s concerns are valid and included in the record.

095

Rep. Kruse

Observes that the issue can be better addressed on the Senate side.

105

Rep. Schaufler

Comments on the issue.

110

Rep. Kruse

MOTION:  Moves to ADOPT HB 3047-2 amendments dated 04/17/03.

 

 

VOTE:  6`-0

EXCUSED:  1 - Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

115

Rep. Kruse

MOTION:  Moves HB 3047 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

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

EXCUSED:  1 - Tomei

 

Chair Jenson

The motion CARRIES.

120

Chair Jenson

Closes the work session on HB 3047, and opens a work session on HB 3201.

HB 3201 – WORK SESSION

130

Pete Test

Committee Administrator. Offers a description of HB 3201, and introduces the proposed -1 amendments (EXHIBIT EE) and the proposed -2 amendments (EXHIBIT FF).

140

Chair Jenson

Comments on the redistricting changes to his district.

145

Kristina McNitt

Oregon Water Resources Congress. Introduces Mr. Philippe, and Mr. Stevenson. Offers written testimony (EXHIBIT GG) in support of HB 3201.

200

Chair Jenson

Expresses concern regarding the amendments, and asks Mr. Stevenson to address those amendments.

210

Brent Stevenson

Walla Walla Irrigation District, Manger. Offers written testimony (EXHIBIT HH) and a brief history of the district and the issue.

240

David Philippe

Walla Walla Irrigation District, Attorney. Offers testimony in support of HB 3201.

255

Rep. Dingfelder

Asks what the amendments do to the original bill.

260

McNitt

Points out that the Committee should be looking at the -2 amendments, and further explains the effects of the amendments.

280

Chair Jenson

Indicates that there has been a proposed amendment to incorporate HB 3298 into HB 3201.

285

McNitt

Comments on that possibility, indicating that her group would not be in support of such an amendment.

290

Chair Jenson

Asks whether there is anything in HB 3201 which may conflict with HB 3298.

295

McNitt

Defers to Mr. Philippe, and discusses the possible conflict.

305

Chair Jenson

Further comments on the perception of a conflict.

310

Philippe

Comments on the possibility of a conflict, indicating that there is no conflict.

330

Chair Jenson

Thanks the witnesses for their time.

350

Katie Fast

Oregon Cattlemen’s Association. Offers testimony in support of HB 3201 with the -2 amendments.

360

Adam Sussman

Oregon Water Resources Department. Offers written testimony (EXHIBIT II) in support of HB 3201 with the -2 amendments.

380

Brad Harper

Water For Life. Offers testimony in support of HB 3201 with the -2 amendments.

420

Harlan Levy

Oregon Association of Realtors. Indicates his groups support for the bill with the proposed -2 amendments.

TAPE 68, B

TAPE 69, A

015

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 3201-2 amendments dated 04/17/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

020

Rep. Dingfelder

MOTION:  Moves HB 3201 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

030

Chair Jenson

Points out that Mr. Stevenson’s concerns will be addressed in the Committee on Ways and Means.

035

 

VOTE:  6-0

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

EXCUSED:  1 - Tomei

 

Chair Jenson

The motion CARRIES.

030

Chair Jenson

Closes the work session on HB 3201, and opens a work session on HB 3298.

HB 3298 – WORK SESSION

040

Pete Test

Committee Administrator. Offers a description of HB 3298.

045

Brad Harper

Water For Life. Offers written testimony (EXHIBIT JJ) in support of HB 3298, with reference to: submitted memorandum (EXHIBIT KK) from Richard Kosesan; submitted memorandum (EXHIBIT LL) from Sharyl Kammerzell, Department of Justice, Assistant Attorney General; and written testimony from Rex Barber (EXHIBIT MM).

100

Chair Jenson

Refers to indication that this bill would be challenge in court, and asks Mr. Harper to address that issue.

105

Harper

Comments on this issue, and opinions that the law is on the proponents side, so they would subsequently win any litigation in court.

120

Katie Fast

Oregon Cattleman’s Association. Offers testimony in support of HB 3298.

140

Jean Wilkinson

Oregon Farm Bureau. Offers testimony in support of HB 3298.

175

Rep. Dingfelder

Clarifies that the State owns the water rights, and the individual obtains those rights from the state.

195

Harper

Acknowledges, and further discusses the definitions of “owner” in water right laws.

205

Wilkinson

Clarifies that this would allow the owner to transfer water rights in-stream.

210

Fast

Further comments on the issue.

225

Rep. Kropf

Mentions the arguments in opposition to HB 3298, and asks the witnesses to comment on this argument.

240

Harper

Disagrees with those arguments, and further discusses the issue.

260

Fast

Concurs with Mr. Harper, and further comments regarding the ownership issue.

265

Wilkinson

Concurs.

270

Rep. Kropf

Asks whether HB 3298 legislation would keep water districts from owning water rights.

280

Harper

Explains that HB 3298 would not limit water districts from owning water rights.

285

Chair Jenson

Clarifies that there are districts which own water rights.

290

Harper

Acknowledges, and comments on those situations where irrigation districts own water rights.

295

Chair Jenson

Clarifies specific language in the bill which would possibly cause loss of ownership by these districts.

310

Harper

Explains that “stealing” water rights from the districts is not the intention of the bill.

320

Rep. Flores

Refers to language from the submitted Attorney General (AG) decision.

340

Katie Fast

Refers to the memorandum from Richard Kosesan, pointing out his interpretation of the issue.

350

Chair Jenson

Asks for the opponents of the bill to address the issue.

355

Adam Sussman

Oregon Water Resources Department. Offers written testimony (EXHIBIT NN) in opposition to HB 3298. Suggests that a task force be convened which can better research the issue.

400

Chair Jenson

Comments on the lack of funding for such a task force.

405

Sussman

Points out that the issue came before the SB 93 Task Force, and they recommended that this issue needed more debate.

415

Chair Jenson

Restates his previous question regarding the funding of such a task force.

420

Sussman

Provides that the department does not have such funding available.

TAPE 70, A

020

Rep. Flores

Refers to the aforementioned AG decision, and asks whether the Department does not rely on such AG decisions.

040

Sussman

Points out that this decision dealt with a very specific situation.

045

Rep. Flores

Agrees that this is a policy decision, but further discusses the issue.

050

Sussman

Explains that a more general policy decision rest with the legislature.

055

Willie Tiffany

League of Oregon Cities. Offers testimony regarding HB 3298.

075

Amanda Rich

Special Districts Association of Oregon. Offers testimony in opposition to HB 3298.

095

Matt Cyrus

Deschutes County. Offers testimony in support of HB 3298.

140

Chair Jenson

Recesses meeting.

RECESS

145

Chair Jenson

Reconvenes meeting.

150

Mickey Killingsworth

Deschutes County. Offers testimony regarding HB 3298.

225

Chair Jenson

Thanks Ms. Killingsworth for her testimony.

240

Harlan Levy

Oregon Association of Realtors. Indicates his groups support for HB 3298.

260

Kristina McNitt

Oregon Water Resources Congress. Offers written testimony (EXHIBIT OO) in opposition to HB 3298.

290

Chair Jenson

Asks whether the Water Resources Congress has funding suggestions for an interim committee.

295

McNitt

Expresses the importance of the issue, and continues with testimony in opposition to HB 3298.

415

Anita Winkler

Oregon Water Resources Congress. Explains that she is there to answer any questions.

TAPE 69, B

020

Brent Stevenson

Walla Walla Irrigation District, Manager. Offers testimony in opposition to HB 3298.

040

David Philippe

Walla Walla Irrigation District, Attorney. Offers testimony in opposition to HB 3298.

100

Rep. Flores

Comments on Ms. McNitt’s submitted testimony, and asks for clarification of specific points.

110

McNitt

Discusses the point in question.

120

Rep. Kropf

Asks for clarification on specific testimony from Mr. Philippe in regards to a conflicting Attorney General (AG) decision.

135

Philippe

Explains that he does not agree with the AG decision and discusses the issue.

180

Rep. Kropf

Clarifies previous question in regards to the AG opinion.

200

Philippe

Restates his dissention with the AG decision, and discusses the fault with the language.

215

Chair Jenson

Clarifies that an AG opinion has the force of law until upturned in court, or superceded by the State Legislature.

230

Philippe

Restates his problem with the AG decision, and points out that the AG opinion is limited to the specific case.

250

Rep. Kropf

Points out the disparity between Mr. Philippe’s testimony and the AG decision.

270

Rep. Flores

Comments on the AG opinion, and the specific language and terms which are outlined in the opinion.

300

Philippe

Further comments on the AG opinion in relation to the bill.

330

Chair Jenson

Comments on the diversity and contention of the issue. Closes the work session on HB 3298, and opens a work session on HB 3281.

HB 3281 – WORK SESSION

335

Pete Test

Committee Administrator. Offers a description of HB 3281, and introduces the proposed -1 amendments (EXHIBIT PP).

345

Chair Jenson

Closes the work session on HB 3281, and opens a work session on HB 2364.

HB 2364 – WORK SESSION

370

Chair Jenson

Introduces the bill and the issue.

385

Rep. Kropf

Asks whether there is currently a referral to Ways and Means.

390

Pete Test

Explains that there is no subsequent referral.

395

Rep. Kruse

Indicates that he would like to add a subsequent referral.

400

Rep. Kruse

MOTION:  Moves HB 2364 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means.

405

Rep. Kropf

Expresses his concerns with the bill, intention to vote Aye in Committee, but possibly vote No on the floor.

410

Rep. Kruse

Recognizes those concerns but expresses his wish to see those concerns addressed in the Ways and Means Committee.

415

 

VOTE:  4-2

AYE:               4 - Flores, Kropf, Kruse, Jenson

NAY:               2 - Dingfelder, Schaufler

EXCUSED:     1 - Tomei

 

Chair Jenson

The motion CARRIES.

420

Chair Jenson

Closes the work session on HB 2364, and opens a work session on HB 3620.

HB 3620 – WORK SESSION

TAPE 70, B

020

Pete Test

Committee Administrator. Offers a description of the bill, and introduces the -1 amendments (EXHIBIT QQ).

035

Keith Leavitt

Port of Portland. Offers testimony explaining the proposed -1 amendments, and defers to Mr. Danko.

040

Bob Danko

Department of Environmental Quality. Indicates the Department’s support for the bill with the -1 amendments.

045

Rep. Kruse

MOTION:  Moves to ADOPT HB 3620-1 amendments dated 04/17/03.

050

Rep. Dingfelder

Clarifies that there is no sunset provision in the bill or the amendments.

055

 

VOTE:  6-0

EXCUSED:  1 - Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

060

Rep. Kruse

MOTION:  Moves HB 3620 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on  BE RESCINDED.

065

 

VOTE:  6-0

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

EXCUSED:  1 - Tomei

 

Chair Jenson

The motion CARRIES.

070

Rep. Kruse

MOTION:  Moves HB 3620 be placed on the CONSENT CALENDAR.

 

 

VOTE:  6-0

EXCUSED:  1 - Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

075

Chair Jenson

Closes the work session on HB 3620 and opens a work session on HB 2431.

HB 2431 – WORK SESSION

080

Chair Jenson

Introduces the proposed -6 amendments (EXHIBIT RR).

085

Rep. Kropf

Thanks the Department for their efforts with the amendments, and discusses the synthesis of the -6 amendments.

090

Mel Stewart

Linn County. Offers testimony in support of HB 2431 and the proposed -6 amendments.

110

Rep. Kropf

Asks that Mr. Stewart address the provision which he would like in the legislation.

115

Stewart

Comments on those provisions which he deems important.

135

Rep. Kropf

Points out the substantive areas of disagreement, and questions whether the director should be allowed the opportunity to overturn the decision of the hearings officer.

180

William Hoetscher

Linn County. Offers testimony in support of HB 2431 and the proposed -6 amendments.

200

John Lilly

Division of State Lands. Offers testimony regarding HB 2431 and the proposed -6 amendments.

260

Rep. Dingfelder

Asks whether having the hearings officer possess the final decision, is consistent with other state agencies.

270

Lilly

Responds that he believes this would be a departure from anything any other agency is doing.

280

Chair Jenson

Clarifies that the Department went to the congested case hearings, in order to limit those disputes that went to court.

295

Lilly

Acknowledges.

310

Chair Jenson

Asks whether the director should have the ability to overturn a circuit court judges decision.

315

Lilly

Comments on this situation.

320

Chair Jenson

Discusses the precedence setting issues in such a situation.

330

Hoetscher

Comments on the precedence of the issue.

400

Rep. Kropf

Further comments on the points which were agreed upon with the agency.

420

Rep. Kropf

MOTION:  Moves to ADOPT HB 2431-6 amendments dated 04/17/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

425

Rep. Kropf

MOTION:  Moves HB 2431 to the floor with a DO PASS AS AMENDED recommendation.

430

 

VOTE:  4-2

AYE:               4 - Flores, Kropf, Kruse, Jenson

NAY:               2 - Dingfelder, Schaufler

EXCUSED:     1 - Tomei

 

Chair Jenson

The motion CARRIES.

REP. KROPF will lead discussion on the floor.

435

Chair Jenson

Closes the work session on HB 2431 and opens a work session on HB 3555.

TAPE 71, A

HB 3555 – WORK SESSION

025

Pete Test

Committee Administrator. Offers a description of HB 3555, and introduces the proposed -1 amendments (EXHIBIT SS), with reference to submitted letter (EXHIBIT TT) from Charles Smith of the State Treasurers Office.

035

Chair Jenson

Reminds the Committee of the issues which were addressed during the last time HB 3555 was heard, and explains how the -1 amendments address those concerns.

045

Rep. Kruse

MOTION:  Moves to ADOPT HB 3555-1 amendments dated 04/17/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

050

Rep. Kruse

MOTION:  Moves HB 3555 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

055

 

VOTE:  5-0

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

EXCUSED:  2 - Dingfelder, Tomei

 

Chair Jenson

The motion CARRIES.

060

Chair Jenson

Closes the work session on HB 3555, and opens a work session on HB 3281.

HB 3281 – WORK SESSION

070

Kristina McNitt

Oregon Water Resources Congress. Introduces Mr. Chamberlin and Mr. Shrophire, and offers written testimony (EXHIBIT UU) in support of HB 3281.

120

Jay Chamberlin

Owyhee Irrigation District. Offers testimony in support of HB 3281.

170

Rep. Kropf

Clarifies that, with the current system, the irrigation districts do not have as much flexibility.

175

Chamberlin

Comments on the rigidity of the current system.

185

Stephen Shrophire

Jordan & Schrader Law Firm. Offers testimony in support of HB 3281.

260

Rep. Kropf

Clarifies the intent and effect of the bill.

270

Shrophire

Acknowledges the clarification.

275

Adam Sussman

Oregon Water Resources Department. Offers written testimony (EXHIBIT VV) in support of HB 3281, but expresses his concerns with some language in the -1 amendments.

320

Anita Winkler

Oregon Water Resources Congress. Offers testimony regarding HB 3281, indicating they are in support of the changes proposed by Mr. Sussman.

340

Committee

Discusses the possibility of a conceptual amendment to the -1 amendments.

350

Chair Jenson

Clarifies that by striking a few line conceptually, the department would be satisfied.

355

Sussman

Acknowledges that this would satisfy the department.

360

Chair Jenson

Further discusses the possibility of conceptual amendments.

365

Committee

Discusses the conceptual amendment.

395

Chair Jenson

Expresses his wish to see the amendments addressed on the Senate side.

400

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 3281-1 amendments dated 04/17/03.

410

 

VOTE:  6-0

EXCUSED:  1 - Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

420

Rep. Dingfelder

MOTION:  Moves HB 3281 to the floor with a DO PASS AS AMENDED recommendation.

435

Rep. Kruse

Comments on the possible conceptual amendment.

440

 

VOTE:  6-0

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

EXCUSED:  1 - Tomei

 

Chair Jenson

The motion CARRIES.

REP. SCHAUFLER will lead discussion on the floor.

445

Chair Jenson

Closes the work session on HB 3281, and opens a work session on HB 3597.

TAPE 72, A

HB 3597 – WORK SESSION

035

Pete Test

Committee Administrator. Offers a description of HB 3597, and introduces the proposed -1 amendments (EXHIBIT WW) which effectively replace the language and intent of the original bill.

045

Rep. Kropf

Comments on the original bill.

050

Rep. Kruse

MOTION:  Moves to ADOPT HB 3597-1 amendments dated 04/16/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Tomei

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

055

Rep. Kruse

MOTION:  Moves HB 3597 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

060

Rep. Dingfelder

Expresses her intent to vote NO on the measure.

065

Rep. Schaufler

Clarifies the scope of the Task Force.

070

Chair Jenson

Discusses the scope of topic for the proposed Task Force.

085

Rep. Schaufler

 

090

 

VOTE:  5-1

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

NAY:               1 - Dingfelder

EXCUSED:     1 - Tomei

 

Chair Jenson

The motion CARRIES.

095

Chair Jenson

Closes the work session on HB 3597, and opens a work session on HB 3298.

HB 3298 – WORK SESSION

100

Rep. Kruse

MOTION:  Moves HB 3298 to the floor with a DO PASS recommendation.

105

Rep. Kropf

Expresses his concerns with the measure, but intent to vote Aye.

130

Rep. Flores

Expresses her intent to vote Aye on the measure.

135

Rep. Dingfelder

Expresses her concerns for the varying dissents on the bill and indicates her intention to vote NO on the bill.

145

Chair Jenson

Discusses the issue and its dissension, expresses his intent to see the issue moved forward.

180

 

VOTE:  5-1

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

NAY:               1 - Dingfelder

EXCUSED:     1 - Tomei

 

Chair Jenson

The motion CARRIES.

REP. FLORES will lead discussion on the floor.

185

Chair Jenson

Discusses the upcoming schedule for the Committee. Closes the work session on HB 3298, and adjourns the meeting at 8:23 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2659, -3 amendments, Staff, 2 pp.

B – HB 2991, -1 amendments, Staff, 1 p.

C – HB 3220, Overview of Deschutes Basin Mitigation Process, Patrick Griffin, 2 pp.

D – HB 3220, The Deschutes River Basin – Seeing Things Whole, Patrick Griffin, 2 pp.

E – HB 3220, submitted testimony from Bob Shiprack, Doug Riggs, 1 p.

F – HB 3220, written testimony, Neil Bryant, 9 pp.

G – HB 3220, written testimony, Adam Sussman, 2 pp.

H – HB 3220, written testimony, Kimberly Priestly, 3 pp.

I – HB 3220, submitted testimony from Michael Carrier, Steve Brutscher, 1 p.

J – HB 3220, written testimony, Aubrey Russell, 1 p.

K – HB 3220, written testimony, Dave McAllister, 1 p.

L – HB 3217, -2 amendments, Staff, 8 pp.

M – HB 3217, written testimony, Mary Meloy, 2 pp.

N – HB 3217, written testimony, Adam Sussman, 2 pp.

O – HB 3217, written testimony, Kimberly Priestley, 2 pp.

P – HB 3217, written testimony, Aubrey Russell, 1 p.

Q – HB 3215, -2 amendments, Neil Bryant, 6 pp.

R – HB 3215, written testimony, Robert MacRostie, 1 p.

S – HB 3215, written testimony, Rex Barber, 1 p.

T – HB 3215, amendment suggestions, Robert MacRostie, 1 p.

U – HB 3215, written testimony, Adam Sussman, 2 pp.

V – HB 3215, written testimony, Aubrey Russell, 2 pp.

W – HB 3315, written testimony, Kimberley Priestley, 1 p.

X – HB 2473, -1 amendments, Staff, 1 p.

Y – HB 3006, written testimony, Rod Johnson, 4 pp.

Z – HB 3006, submitted testimony from Dan Huff, Rod Johnson, 2 pp.

AA – HB 3006, written testimony, John Lilly, 13 pp.

BB – HB 3006, written testimony, Liz Frenkel, 3 pp.

CC – HB 3047, -2 amendments, Staff, 3 pp.

DD – HB 3201, -1 amendments, Staff, 9 pp.

FF – HB 3201, -2 amendments, Staff, 9 pp.

GG – HB 3201, written testimony, Kristina McNitt, 1 p.

HH – HB 3201, written testimony, Brent Stevenson, 2 pp.

II – HB 3201, written testimony, Adam Sussman, 2 pp.

JJ – HB 3298, written testimony, Brad Harper, 2 pp.

KK – HB 3298, submitted memorandum from Richard Kosesan, Brad Harper, 9 pp.

LL – HB 3298, submitted memorandum from Sharyl Kammerzell, Brad Harper, 9 pp.

MM – HB 3298, submitted testimony from Rex Barber, Brad Harper, 1 p.

NN – HB 3298, written testimony, Adam Sussman, 1 p.

OO – HB 3298, written testimony, Kristina McNitt, 5 pp.

PP – HB 3281, -1 amendments, Staff, 21 pp.

QQ – HB 3620, -1 amendments, Staff, 1 pp.

RR – HB 2431, -6 amendments, Staff, 25 pp.

SS – HB 3555, -1 amendments, Staff, 2 pp.

TT – HB 3555, written testimony from Charles Smith, Staff, 1 p.

UU – HB 3281, written testimony, Kristina McNitt, 2 pp.

VV – HB 3281, written testimony, Adam Sussman, 2 pp.

WW – HB 3597, -1 amendments, Staff, 2 pp.