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.