HOUSE COMMITTEE ON WATER

April 24, 2003 Hearing Room B

8:30 AM Tape 75 - 77

MEMBERS PRESENT: Rep. Bob Jenson, Chair

Rep. Jackie Dingfelder, Vice-Chair

Rep. Jeff Kropf, Vice-Chair

Rep. Linda Flores

Rep. Mike Schaufler

Rep. Carolyn Tomei

MEMBER(S) EXCUSED: Rep. Jeff Kruse

STAFF PRESENT: Pete Test, Committee Administrator

Ryan Sherlock, Committee Assistant

MEASURE/ISSUES HEARD: HB 3047 – Work Session

SB 174 – Public Hearing

HB 3215 – Work Session

HB 3217 – Work Session

HB 3220 – Work Session

HB 2138 – Work Session

HB 2606 – 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 75, A
003	Chair Jenson	Calls meeting to order at 8:10 a.m., and comments on the upcoming schedule for the Committee. Opens a work session on HB 3047.
HB 3047 – WORK SESSION
010	Pete Test	Committee Administrator. Offers a description of HB 3047, and introduces the proposed -3 amendments (EXHIBIT A) which eliminated the fiscal impact of the bill.
025	Rep. Dingfelder	Thanks Rep. Kruse for his work on the measure.
030	Chair Jenson	Comments on the cooperation regarding the bill.
040	Rep. Dingfelder	MOTION: Moves to ADOPT HB 3047-3 amendments dated 04/23/03.
		VOTE: 5-0 EXCUSED: 2 - Kropf, Kruse
	Chair Jenson	Hearing no objection, declares the motion CARRIED.
045	Rep. Dingfelder	MOTION: Moves HB 3047 to the floor with a DO PASS AS AMENDED recommendation.
050	Rep. Dingfelder	Withdraws her motion to send HB 3047 to the floor with a Do Pass as Amended recommendation. MOTION: Moves HB 3047 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on BE RESCINDED.
060		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Kropf, Kruse
	Chair Jenson	The motion CARRIES. REP. DINGFELDER will lead discussion on the floor.
065	Chair Jenson	Closes the work session on HB 3047, and opens a public hearing on SB 174.
SB 174 – PUBLIC HEARING
080	Pete Test	Committee Administrator. Offers a description of HB 174.
085	Chair Jenson	Asks where the bill came from.
090	Test	Comments on the bills origin, and further describes the bill.
105	Chair Jenson	Asks who requested the bill.
110	Test	Explains that the Oregon State Marine Board requested the bill.
115	Chair Jenson	Asks if Mr. Myron from the Governor’s Office knows why the bill was introduced.
120	Jim Myron	Governor’s Office. Indicates that he does not know about the bill, but points out that the bill was brought at the bequest of the department.
125	Rep. Dingfelder	Asks where the money collected through fines is distributed.
130	Chair Jenson	Closes the work session on SB 174, indicating his wish to hear the merits of the bill from the bills proponents. Recesses the meeting.
RECESS
170	Chair Jenson	Calls meeting back to order, and opens a work session on HB 3215.
HB 3215 – WORK SESSION
175	Chair Jenson	Explains the situation of the bill and the cooperation which should support the proposed -4 amendments (EXHIBIT B).
200	Doug Riggs	Central Oregon Cities Organization. Offers written testimony (EXHIBIT C) if favor of and explaining the proposed -4 amendments.
255	Rep. Flores	Asks whether there are currently administrative rules which govern such transfers.
260	Adam Sussman	Oregon Water Resources Department. Acknowledges, but points out that this would just allow another tool for handling such situations.
265	Rep. Flores	Clarifies the need for this bill.
270	Sussman	Clarifies the intent of the measure.
285	Chair Jenson	Points out that the amendments were late in coming which accounts for the confusion.
295	Anita Winkler	Oregon Water Resources Congress. Offers testimony regarding HB 3215.
300	Chair Jenson	Asks that the witnesses remember to speak up when testifying.
310	Sussman	Indicates the departments support for the bill with the -4 amendments.
330	Aubrey Russell	Oregon Trout. Concurs with the previous witnesses and indicates his groups support for the bill with the -4 amendments.
360	Rep. Dingfelder	MOTION: Moves to ADOPT HB 3215-4 amendments dated 04/24/03.
		VOTE: 5-0 EXCUSED: 2 - Kropf, Kruse
	Chair Jenson	Hearing no objection, declares the motion CARRIED.
365	Rep. Dingfelder	MOTION: Moves HB 3215 to the floor with a DO PASS AS AMENDED recommendation.
370		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Kropf, Kruse
	Chair Jenson	The motion CARRIES. REP. DINGFELDER will lead discussion on the floor.
375	Chair Jenson	Closes the work session on HB 3215, and opens a work session on HB 3217.
HB 3217 – WORK SESSION
380	Pete Test	Committee Administrator. Offers a description of the bill, and introduces the proposed -4 amendments (EXHIBIT D).
395	Doug Riggs	Central Oregon Cities Organization. Offers written testimony (back of Exhibit C) in support of HB 3217, and in favor of the proposed -4 amendments.
TAPE 76, A
030	Riggs	Continues with explanation of the proposed -4 amendments.
045	Vice-Chair Dingfelder	Asks that Adam Sussman from the Water Resources Department, address the -4 amendments.
050	Adam Sussman	Oregon Water Resources Department. Indicates the department’s support of the -4 amendments.
055	Anita Winkler	Oregon Water Users Conference. Indicates her group’s support of HB 3217 with the -4 amendments.
065	Aubrey Russell	Oregon Trout. Indicates his group’s support of HB 3217 as amended.
080	Vice-Chair Dingfelder	Enters submitted testimony (EXHIBIT E), and proposed conceptual amendments (EXHIBIT F) from Kimberley Priestley of WaterWatch into the record.
085	Rep. Flores	Asks about specific wording in the proposed amendments.
090	Sussman	Defines the language in question.
100	Rep. Flores	Further questions wording in the amendments.
105	Sussman	Explains that “water-use permit” and “water right” are used interchangeably.
110	Rep. Flores	Asks whether the bill assigns water rights to the individual rather than the land.
120	Sussman	Comments on those terms which are used interchangeably in statute.
125	Rep. Schaufler	Comments on wording in the bill.
130	Russell	Clarifies that water use and water rights are not used interchangeably in the bill.
140	Sussman	Clarifies the language in question.
155	Rep. Tomei	MOTION: Moves to ADOPT HB 3217-4 amendments dated 04/24/03.
160		VOTE: 4-0 EXCUSED: 3 - Kropf, Kruse, Jenson
	Vice-Chair Dingfelder	Hearing no objection, declares the motion CARRIED.
175	Rep. Tomei	MOTION: Moves HB 3217 to the floor with a DO PASS AS AMENDED recommendation.
180		VOTE: 4-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 3 - Kropf, Kruse, Jenson
	Vice-Chair Dingfelder	The motion CARRIES. WESTLUND will lead discussion on the floor.
185	Vice-Chair Dingfelder	Closes the work session on HB 3217, and opens a work session on HB 3220.
HB 3220 – WORK SESSION
190	Pete Test	Committee Administrator. Offers a description of HB 3220, and introduces the proposed -4 amendments (EXHIBIT G).
200	Doug Riggs	Central Oregon Cities Organization. Offers testimony in support of HB 3220 and the proposed -4 amendments.
210	Adam Sussman	Oregon Water Resources Department. Offers testimony in opposition to HB 3220 with the proposed -4 amendments.
240	Aubrey Russell	Oregon Trout. Offers written testimony (EXHIBIT H) in opposition to HB 3220, and the proposed -4 amendments.
285	Vice-Chair Dingfelder	Recesses the meeting.
RECESS
290	Chair Jenson	Calls meeting back to order.
295	Russell	Restates his group’s opposition to HB 3220 with the proposed -4 amendments.
300	Chair Jenson	Restates his earlier hypothetical situation of applying the intent of the measure to the Columbia River.
305	Adam Sussman	Comments on the hypothetical situation.
320	Chair Jenson	Restates his question and asks for further comment, and asks what the daily flow of the Columbia River is currently.
240	Sussman	Comments on the daily flow of the Columbia River.
245	Chair Jenson	Clarifies his question.
250	Sussman	Indicates that he does not know the answer.
255	Russell	Comments on the Columbia River example.
265	Chair Jenson	Points out the lack of clarity in both witnesses’ answer, and further comments on the effects on flow reductions.
TAPE 75, B
010	Chair Jenson	Closes the work session on HB 3220, and reopens the public hearing on SB 174.
SB 174 – PUBLIC HEARING
015	Char Jenson	Apologizes to Mr. Donheffner for having heard the bill earlier, before he was present at the meeting.
020	Paul Donheffner	Oregon State Marine Board. Apologizes to the Committee for not having been at the meeting earlier. Offers written testimony (EXHIBIT I) in support of SB 174.
045	Rep. Dingfelder	Clarifies the definition of minor offences.
050	Donheffner	Comments on what constitutes minor offences.
055	Rep. Dingfelder	Asks where the funds collected from the fines are kept.
060	Donheffner	Explains where the money collected from the find is accounted.
065	Rep. Flores	Clarifies that there is currently hesitancy in issuing the fine, because there is a feeling the fine is too much, which accounts for the lack of a fiscal impact statement.
070	Donheffner	Acknowledges, and discusses the severity of the fine.
075	Vice-Chair Dingfelder	Closes the public hearing on SB 174.
080	Chair Jenson	Questions why SB 174 did not go before the Judiciary Committee, and reopens the public hearing on SB 174.
SB 174 – PUBLIC HEARING
085	Donheffner	Points out that bill assignment is at the bequest of the Speaker.
90	Chair Jenson	Comments on his wish to hold off on any action until he can talk to the Chair of the House Committee on Judiciary regarding the bill.
105	Donheffner	Points out the issue was not raised on the Senate side.
110	Chair Jenson	Closes the public hearing on SB 174, and recesses the meeting.
RECESS
115	Chair Jenson	Calls meeting back to order and opens a work session on HB 2138.
HB 2138 – WORK SESSION
120	Pete Test	Committee Administrator. Offers a description of HB 2138, and introduces the proposed -3 amendments (EXHIBIT J).
135	Chair Jenson	Outlines the history of HB 2138, and the reasoning for the proposed -3 amendments.
180	Rep. Tomei	Asks for clarification of language.
185	Chair Jenson	Points out language, and continues with testimony outlining the issues of HB 2138, with reference to possible conceptual amendments (EXHIBIT K).
290	Ed Bowles	Oregon Department of Fish and Wildlife, Fish Division Administrator. Offers testimony regarding HB 2138, and the proposed -3 amendments.
320	Jim Myron	Governor’s Office. Offers testimony regarding HB 2138, the proposed -3 amendments and the subsequent conceptual amendments.
335	Rep. Flores	Clarifies specific language in the bill.
350	Bowles	Indicates he is unfamiliar with the provision in question.
355	Rep. Schaufler	Comments on wording in the measure.
360	Rep. Dingfelder	Asks why specific language in the amendment is included.
365	Chair Jenson	Discusses the intent of the language in question.
TAPE 76, B
005	Myron	Points out that the language in question was not at the bequest of the Governor.
010	Chair Jenson	Acknowledges and comments on the origin of the language in question.
015	Rep. Schaufler	Asks whether all concerned parties have had input on the process.
020	Chair Jenson	Explains that there have been many conversations regarding the measure and the issue.
025	Bowles	Points out wording in the second paragraph of the conceptual amendments.
035	Chair Jenson	Comments on the wording in question and further comments on the need for clarification of wording.
065	Myron	Defers to Mr. Bowles.
070	Bowles	Comments on the proposed wording.
075	Chair Jenson	Comments on another change which may need to be made to the bill and amendments.
085	Aubrey Russell	Oregon Trout. Indicates his group’s support for the conceptual amendments to the bill.
100	Chair Jenson	Explains the function of the Oregon Plan, and points out the definition of “recovery” in the bill.
110	Russell	Comments on the application of that definition.
125	Chair Jenson	Asks that Mr. Bowles address the definition of “recovery.”
130	Russell	Offers his perception of the intent of the wording.
135	Bowles	Explains that he agrees with the proposed wording and further comments on the language.
145	Chair Jenson	Further clarifies language in the amendment.
150	Bowles	Further comments on the language.
155	Rep. Dingfelder	Comments on the language in question.
160	Rep. Schaufler	Asks that he be supplied with the criteria needed to place a species on the State endangered species act, when it is not listed with the federal government.
165	Chair Jenson	Comments on the criteria.
185	Bowles	Points out further wording which may be needed.
195	Les Helgeson	Native Fish Society. Indicates his group’s support for the amendments.
205	Ray Wilkinson	Oregon Forest Industries Council. Thanks Chair Jenson for his diligent work on the bill.
215	Chair Jenson	Thanks his staff for their work on the bill, indicates his intention regarding the future of the bill. Closes the work session on HB 2138, and opens a work session on HB 2606.
HB 2606 – WORK SESSION
295	Jim Myron	Governor’s Office. Offers testimony regarding HB 2606.
315	Chair Jenson	Comments on language in the bill.
385	Les Helgeson	Native Fish Society. Offers testimony regarding HB 2606, with reference to the proposed -2 amendments (EXHIBIT L).
400	Chair Jenson	Asks Mr. Helgeson to explain the proposed amendments.
405	Helgeson	Comments on the intent behind the amendments.
TAPE 77, A
020	Ed Bowles	Oregon Department of Fish and Wildlife. Offers testimony regarding HB 2606.
040	Chair Jenson	Clarifies that Mr. Myron is OK with the amendments suggested by Mr. Bowles.
045	Helgeson	Indicates his availability to work on the issue.
055	Rep. Dingfelder	Offers to help in the discussion on the bill.
060	Chair Jenson	Explains that he would like the group to address the issue that afternoon. Discusses the possibility of allowing Rep. Westlund to carry HB 3215 and HB 3217 on the floor.
080	Rep. Dingfelder	Indicates she would agree with Rep. Westlund carry the bill.
100	Chair Jenson	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow REP. KROPF to BE RECORDED as voting AYE on the MOTION: Moves HB 3047 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on BE RESCINDED. AYE on the MOTION: Moves HB 3215 to the floor with a DO PASS AS AMENDED recommendation. AYE on the MOTION: Moves HB 3217 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0 EXCUSED: 1 - Kruse
	Chair Jenson	Hearing no objection, declares the motion CARRIED.
120	Vice-Chair Kropf	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow CHAIR JENSON to BE RECORDED as voting AYE on the MOTION: Moves HB 3217 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0 EXCUSED: 1 - Kruse
	Vice-Chair Kropf	Hearing no objection, declares the motion CARRIED.
125	Chair Jenson	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow REP. KROPF to BE RECORDED as voting AYE on the motion sending HB 3616 to the floor with a Do Pass recommendation.
		VOTE: 6-0 EXCUSED: 1 - Kruse
	Chair Jenson	Hearing no objection, declares the motion CARRIED.
135	Chair Jenson	Closes the work session on HB 2606, and adjourns the meeting at 10:32 a.m.

EXHIBIT SUMMARY

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

B – HB 3215, -4 amendments, Staff, 7 pp.

C – HB 3215 & 3217, written testimony, Doug Riggs, 2 pp.

D – HB 3217, -4 amendments, Staff, 10 pp.

E – HB 3217, submitted testimony from Kimberley Priestley, Rep. Dingfelder, 2 pp.

F – HB 3217, conceptual amendments from Kimberley Priestley, Rep. Dingfelder, 1 p.

G – HB 3220, -4 amendments, Staff, 1 p.

H – HB 3220, written testimony, Aubrey Russell, 4 pp.

I – SB 174, written testimony, Paul Donheffner, 1 p.

J – HB 2138, -3 amendments, Staff, 4 pp.

K – HB 2138, conceptual amendments, Chair Jenson, 1 p.

L – HB 2606, -2 amendments, Les Helgeson, 2 pp.