HOUSE COMMITTEE ON WATER

 

 

April 22, 2003 Hearing Room B

8:30 AM Tape  73 - 74

 

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 3047 – Work Session

                                                HB 2991 – Work Session

                                                HB 3215 – Work Session

                                                HB 3217 – Work Session

                                                HB 3220 – Work Session

                                                HB 3616 – Work Session

                                                HB 3519 – 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 73, A

003

Chair Jenson

Calls meeting to order at 8:10 a.m., and discusses the agenda for the day. Opens a work session on HB 3047.

HB 3047 – WORK SESSION

010

 Chair Jenson

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 3047.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

015

Rep. Dingfelder 

MOTION:  Moves to RECONSIDER the vote by which HB 3047 was sent Do Pass as Amended to the floor.

015

Rep. Dingfelder

Explains the reason for reconsidering the measure.

025

Rep. Kruse

Thanks Rep. Dingfelder for her work on the bill.

030

 

VOTE:  7-0

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

 

Chair Jenson

The motion CARRIES.

035

Chair Jenson

Explains that the HB 3047 will be heard at the Committee’s next meeting, closes the work session on HB 3047, and opens a work session on HB 2991.

HB 2991 – WORK SESSION

040

Rep. Kruse

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2991.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

045

Rep. Kruse

MOTION:  Moves to RECONSIDER the vote by which HB 2991 was sent Do Pass as Amended to the floor.

050

Pete Test

Committee Administrator. Explains the reason for reconsidering the vote on HB 2991.

055

 

VOTE:  6-0

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

EXCUSED:  1 - Kropf

 

Chair Jenson

The motion CARRIES.

060

Rep. Kruse

MOTION:  Moves HB 2991 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference.

065

Chair Jenson

Points out the bill was amended at the last meeting.

070

 

VOTE:  6-0

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

EXCUSED:  1 - Kropf

 

Chair Jenson

The motion CARRIES.

075

Chair Jenson

Closes the work session on HB 2991, and opens a work session on HB 3215.

HB 3215 – WORK SESSION

080

Pete Test

Committee Administrator. Offers a description of HB 3215, and introduces the proposed -3 amendments (EXHIBIT A).

090

Doug Riggs

Central Oregon Cities Organization. Offers a written description (EXHIBIT B) of the -3 amendments to HB 3215.

120

Chair Jenson

Recalls that the committee heard the measure in a previous meeting. Clarifies that all the interested parties are happy with the -3 amendments.

125

Riggs

Explains that he cannot speak for the other parties directly, but points out that the -3 amendments are a compromise among all the parties.

135

Rep. Kruse

Asks about specific language in the amendments.

145

Riggs

Comments on the wording in question.

155

Rep. Kruse

Further clarifies the issue of primacy in the amendments and the bill.

160

Riggs

Acknowledges, and further discusses the issue of primacy.

170

Kimberly Priestley

WaterWatch. Offers testimony outlining her groups concerns with the measure including the -3 amendments.

195

Rep. Kruse

Points out that in most cases in-stream water rights take precedence over junior water rights.

200

Priestley

Discusses the issue of water rights precedence.

210

Anita Winkler

Oregon Water Resources Congress. Offers testimony regarding HB 3215 and the proposed -3 amendments.

220

Paul Cleary

Oregon Water Resources Department. Offers written testimony (EXHIBIT C) regarding HB 3215, and the proposed -3 amendments.

250

Chair Jenson

Asks whether the Department was involved in the formulation of the -3 amendments.

255

Cleary

Comments on the discussions which created the  -3 amendments.

275

Rep. Kruse

Asks what date in-stream water rights have precedence over other water rights.

280

Cleary

Explains that the in-stream water right law was passed in 1987, and further discusses the issue of in-stream water rights.

295

Rep. Kruse

Comments on the priority rights issue.

300

Cleary

Acknowledges, and expresses his interest in continuing discussion on this issue.

310

Chair Jenson

Asks the involved parties to meet at 3:00 in the afternoon to discuss the issue.

312

Cleary

Indicates that 3:00 p.m. would be fine for him.

315

Riggs

Indicates that he too would be available at 3:00, but expresses concern for the work imposed on Legislative Counsel.

320

Chair Jenson

Expresses his wish to see these issues worked out before 3:00 today. Closes the work session on HB 3215, and opens a work session on HB 3217.

HB 3217 – WORK SESSION

355

Pete Test

Committee Administrator. Offers a description of HB 3217.

365

Doug Riggs

Central Oregon Cities Organization. Offers testimony outlining HB 3217, and the proposed -3 amendments (EXHIBIT D).

400

Rep. Schaufler

Comments on the increase in water efficiency.

410

Riggs

Recognizes that efficiency increase and further comments on the issue.

TAPE 74, A

005

Paul Cleary

Oregon Water Resources Department. Points out the programs which the Department has implemented which increase the efficiency of water use.

010

Rep. Kropf

Asks whether the statutes mentioned by Mr. Cleary are in conflict.

015

Cleary

Comments on those statutes, indicating that there are no conflicts. Continues with testimony regarding the bill.

025

Rep. Tomei

Asks how notice is currently served by the department.

030

Cleary

Explains the means in which those interested are notified.

020

Kimberley Priestley

WaterWatch. Offers testimony regarding HB 3217, including her groups concerns with the intent of the bill.

050

Aubrey Russell

Oregon Trout. Offers testimony in opposition to HB 3217.

065

Anita Winkler

Oregon Water Resources Congress. Offers testimony in opposition to HB 3217 as currently written.

085

Chair Jenson

Explains that he would like to meet with all of the interested parties at 3:00 today, where a decision will be made regarding the future of the bill. Closes the work session on HB 3217, and opens a work session on 3220.

HB 3220 – WORK SESSION

105

Chair Jenson

Explains that the committee is waiting for an amendment which would limit the scope of the bill to the Deschutes River Basin, but introduces the -3 amendments (EXHIBIT E).

115

Pete Test

Committee Administrator. Offers a description of the proposed -3 amendments.

120

Chair Jenson

Outlines his intentions regarding the future of HB 3220. Closes the work session on HB 3220, and opens a work session on HB 3616.

HB 3616 – WORK SESSION

150

Pete Test

Committee Administrator. Offers a description of HB 3616, and introduces the proposed -2 amendments (EXHIBIT F).

170

Andrew Bowman

Defenders of Wildlife. Offers testimony in support of HB 3616, and offers an explanation of the -2 amendments. Introduces possible conceptual amendments to the -2 amendments.

200

Katie Fast

Oregon Cattleman’s Association. Offers testimony in support of the -2 amendments with the proposed conceptual amendments.

215

Chair Jenson

Clarifies the intent of the conceptual amendments.

220

Fast

Acknowledges the clarification.

225

Chair Jenson

Clarifies that everyone involved is happy with the -2 amendments and the proposed conceptual amendments. Indicates that the Committee would like to hear from Legislative Counsel before continueing, and recesses the meeting.

RECESS

226

Chair Jenson

Calls meeting back to order, and outlines the proposed conceptual amendment.

230

Brendan McCarthy

Legislative Council. Comments on the proposed conceptual amendment, indicating that he does not see a problem with the change.

235

Chair Jenson

Clarifies that “shall” would be more mandatory than “may.”

240

McCarthy

Acknowledges, and further discusses the wording.

250

Chair Jenson

Enters into the record submitted testimony (EXHIBIT G) from Karen Lewotsky of the Oregon Environmental Council.

255

Rep. Dingfelder

MOTION:  Moves to AMEND the HB 3616 -2 amendments on page 2, in line 28, changing "may" to "shall".

 

 

VOTE:  5-0

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

265

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 3616-2 amendments dated 04/17/03 as CONCEPTUALLY AMENDED.

 

 

VOTE:  5-0

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

275

Rep. Dingfelder

MOTION:  Moves HB 3616 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference.

285

 

VOTE:  5-0

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

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

The motion CARRIES.

290

Chair Jenson

Closes the work session on HB 3616, and opens a work session on HB 3519.

HB 3519 – WORK SESSION

300

Pete Test

Committee Administrator. Offers a description of the bill, and points out the efforts to draft amendments to the bill beyond the current -3 (EXHIBIT H) , -4 (EXHIBIT I) , -5 (EXHIBIT J) , -6 (EXHIBIT K) , and -7 (EXHIBIT L) amendments.

320

Chair Jenson

Asks which groups are attempting to amend the bill.

325

Test

Identifies those groups which are interested in amending the bill, and further discusses the possible amendments.

340

Chair Jenson

Asks why those groups are not in attendance at the current meeting.

345

Test

Indicates that he does not know why these groups are not in attendance.

355

Chair Jenson

Expresses his perplexity regarding the abstention of those groups involved in HB 3519. Comments on the future of the bill. Closes the work session on HB 3519, and adjourns the meeting at 9:40 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3215, -3 amendments, Staff, 7 pp.

B – HB 3215, amendment description, Doug Riggs, 1 p.

C – HB 3215, written testimony, Paul Cleary, 1 p.

D – HB 3217, -3 amendments, Doug Riggs, 9 pp.

E – HB 3220, -3 amendments, Staff, 1 p.

F – HB 3616, -2 amendments, Staff, 12 pp.

G – HB 3616, submitted testimony from Karen Lewotsky, Staff, 1 p.

H – HB 3519, -3 amendments, Staff, 1 p.

I – HB 3519, -4 amendments, Staff, 1 p.

J – HB 3519, -5 amendments, Staff, 1 p.

K – HB 3519, -6 amendments, Staff, 1 p.

L – HB 3519, -7 amendments, Staff, 41 pp.