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Moves HB 3047 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on  BE RESCINDED.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.