HOUSE COMMITTEE ON WATER

 

 

May 06, 2003 Hearing Room B

8:30 AM Tape  83 - 84

 

MEMBERS PRESENT:            Rep. Bob Jenson, Chair

                                                Rep. Jackie Dingfelder, Vice-Chair

Rep. Jeff Kropf, Vice-Chair

Rep. Linda Flores

Rep. Jeff Kruse

Rep. Mike Schaufler

Rep. Carolyn Tomei

 

STAFF PRESENT:                  Pete Test, Committee Administrator

                                                Ryan Sherlock, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 499A – Public Hearing and Work Session

                                                HB 2659 – Work Session

                                                HB 3620 – Work Session

                                                HB 3298 – 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 83, A

003

Chair Jenson

Calls meeting to order at 8:41 a.m. and opens a public hearing on SB 499A.

SB 499A – PUBLIC HEARING

015

Brad Harper

Water For Life, Executive Director. Offers testimony in support of SB 499A.

030

Jean Wilkinson

Oregon Farm Bureau. Offers testimony in support of SB 499 A.

040

Ed Goodman

Oregon Water Trust. Offers testimony in support of SB 499 A.

055

Wilkinson

Expresses concern for the proposed conceptual amendment offered by Mr. Levy.

065

Chair Jenson

Asks whether Ms. Wilkinson whether she would be appeased by adding two more members from the development interest.

070

Wilkinson

Indicates her support if one of those additional members were from agriculture interests.

075

Chair Jenson

Asks the other witnesses to address the proposed conceptual amendments.

085

Goodman

Expresses concern for the conceptual amendments.

095

Harper

Indicates his willingness to work with Mr. Levy on the task force, but expresses concern for having an evenly split task force.

105

Chair Jenson

Expresses doubt for the concerns regarding having an even number on the task force, pointing out that the legislature would have difficulty passing any measure which came out of a task force with a five-four split.

115

Rep. Dingfelder

Asks how much water rights the developers have, therefore necessitating their involvement.

125

Rep. Schaufler

Points out his unwillingness to vote for anything which may come from the task force which seems unbalanced.

145

Katie Fast

Oregon Cattleman’s Association. Offers testimony in support of SB 499A.

160

Adam Sussman

Oregon Water Resources Department. Offers written testimony (EXHIBIT A) in support of SB 499A.

180

Harlan Levy

Oregon Association of Realtors. Offers testimony in support of SB 499A, with the proposed conceptual amendments (EXHIBIT B).

190

Chair Jenson

Asks Mr. Levy to define “growth.”

195

Levy

Offers his definition of “growth.”

200

Rep. Dingfelder

Asks why Mr. Levy feels the development interest would not be met by the members from the “water suppliers and hydroelectric users” whom are already included in the tasks force.

210

Levy

Expresses his concerns with relying on this representation.

225

Rep. Dingfelder

Expresses her background working with these water suppliers, and questions Mr. Levy’s expressed concerns.

230

Levy

Explains that these are the concerns of his membership.

235

Rep. Schaufler

Clarifies Mr. Levy’s concerns.

245

Levy

Discusses the development interests concerns.

250

Chair Jenson

Asks why the development interests did not participate on the work group which created SB 499A.

255

Levy

Indicates he has no excuse.

260

Chair Jenson

Asks who decided the membership of the workgroup.

265

Anita Winkler

Oregon Water Resources Congress. Offers a brief history of the work group and the make up of the membership.

280

Chair Jenson

Asks the Water Resources Department to address who initiated the work group.

285

Sussman

Explains that originally the Department was not apart of the work group, and the task force was convened by the various stake holders.

300

Chair Jenson

Expresses his view that economic growth could be supported by Mr. Levy’s group. Closes the public hearing on SB 499A, and opens a work session on SB 499A.

SB 499A – WORK SESSION

315

Rep. Kropf

Indicates his support for having Mr. Levy’s group involved in the task force.

320

Rep. Kropf

MOTION:  Moves to AMEND SB 499A on page 1, in line 9, delete "nine," insert "ten," and on page 1, after line 13 , insert "(E) One member to represent development interests".

335

Chair Jenson

Clarifies the purpose, wording and intent of the proposed conceptual amendments. Points out the Committee should suspend the rules to accomplish the motion.

340

Rep. Dingfelder

Questions whether line five of the bill would also need to be changed from “12 members” to “13 members.”

345

Chair Jenson

Acknowledges, and asks Rep. Kropf to withdraw his previous motion.

350

Rep. Kropf

Withdraws previous motion to adopt conceptual amendments to HB 499A.

355

 Chair Jenson

MOTION:  Moves to SUSPEND the rules for the purpose of Considering a conceptual amendment to SB 499A..

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

360

Rep. Kropf

MOTION:  Moves to AMEND SB 499A on page 1, in line 5, delete “12,” insert “13”; on page 1, in line 9, delete "nine", insert "ten", and on page 1, after line 13 , insert "(E) One member to represent development interests".

385

Chair Jenson

Clarifies the purpose and intent of the conceptual amendments.

410

Rep. Kruse

Asks that Mr. McCarthy from Legislative Counsel address the proposed conceptual amendments.

TAPE 84, A

005

Brendan McCarthy

Expresses concern for the lack of definition of “development” in the conceptual amendments.

010

Rep. Kruse

Asks whether leaving the language vague would allow the governor leeway in deciding who represents the “development interests.”

015

Rep. Kropf

Expresses concern for leaving such wide discretion.

017

Rep. Kruse

Clarifies with Mr. McCarthy that the language in question is broad.

020

McCarthy

Acknowledges the breadth of the definition.

030

Chair Jenson

Asks Mr. Levy to address the expressed concerns.

031

Levy

Clarifies his understanding of the expressed concerns with the definition of “development.”

033

Chair Jenson

Clarifies the concerns of the Committee.

035

Rep. Kropf

Asks Mr. Levy to define “development.”

040

Levy

Offers his definition for “development.”

045

Rep. Kruse

Expresses concern for the vagueness of Mr. Levy’s definition of “development” and asks Mr. Levy to indicate which constituent group would fill this position.

050

Levy

Indicates those groups which may adequately fill the position.

055

Chair Jenson

Comments on the difficulty of the situation, and thanks Mr. McCarthy for discovering the problem.

057

Rep. Schaufler

Observes that Mr. Levy is defining building and construction interests, and asks whether this could be used as wording.

060

Levy

Indicates that he would be satisfied with this definition.

061

Rep. Kruse

Clarifies the definition.

065

McCarthy

Indicates that this would satisfy his concerns over the clarity issue.

070

Rep. Kropf

Withdraws previous motion to conceptually amend SB 499A.

MOTION:  Moves to AMEND SB 499A on page 1, in line 5, delete “12,” insert “13”; on page 1, in line 9, delete "nine", insert "ten", and on page 1, after line 13 , insert "(E) One member to represent building and construction interests".

075

Rep. Kropf

Clarifies the purpose and intent of the conceptual amendments.

080

Chair Jenson

Further clarifies the proposed conceptual amendments.

085

Rep. Kruse

Asks whether the word “interest” or “industry” should be used.

090

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

100

Rep. Kropf

MOTION:  Moves SB 499A to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

102

Rep. Tomei

Points out there could be a rescinded referral to Ways and Means.

105

Pete Test

Committee Administrator. Explains that the bill does have a subsequent referral to ways and means.

110

Rep. Kruse

Asks for a clarification regarding the subsequent referral.

115

Test

Further clarifies that there is a subsequent referral to Ways and Means.

120

Chair Jenson

Concurs with Mr. Test, and commenting on the cost of initiating a task force.

125

 

VOTE:  7-0

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

 

Chair Jenson

The motion CARRIES.

130

Chair Jenson

Comments on the Committee amending a Senate Bill. Closes the work session on SB 499A. Opens the work session on HB 2659.

HB 2659 – WORK SESSION

135

 Chair Jenson

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2659.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

140

Chair Jenson

Requests a motion to send HB 2659 Do Pass to the Committee on Ways and Means by prior reference.

145

 Rep. Kruse

MOTION:  Moves to RECONSIDER the vote by which HB 2659 was sent Do Pass as Amended to the floor.

150

Chair Jenson

Points out that the committee already has the bill under reconsideration.

155

Rep. Kruse

Explains that there was a motion to suspend the rules, but there was not a motion to reconsider the vote by which HB 2659 was passed out of the Committee.

160

Chair Jenson

Asks Rep. Kruse to restate his motion.

161

Rep. Kruse

Restates his previous motion:

MOTION:  Moves to RECONSIDER the vote by which HB 2659 was sent Do Pass as Amended to the floor.

165

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

170

Chair Jenson

Opens a work session on HB 2659.

172

Rep. Kruse

MOTION:  Moves HB 2659 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

175

 

VOTE:  7-0

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

 

Chair Jenson

The motion CARRIES.

179

Chair Jenson

Closes the work session on HB 2659 and opens the work session on HB 3620.

HB 3620 – WORK SESSION

180

 Chair Jenson

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 3620..

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

185

Rep. Kruse

MOTION:  Moves to RECONSIDER the vote by which HB 3620 was sent Do Pass as Amended to the floor.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

187

Chair Jenson

Opens a work session on HB 3620.

190

Rep. Kruse

MOTION:  Moves HB 3620 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  7-0

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

 

Chair Jenson

The motion CARRIES.

195

Chair Jenson

Closes the work session on HB 3620, and opens a work session on HB 3298.

HB 3298 – WORK SESSION

200

Chair Jenson

Recesses the meeting.

RECESS

205

Chair Jenson

Calls meeting back to order, and discusses the history of HB 3298.

225

Richard Cosezan

Water For Life. Offers testimony in support of HB 3298.

300

Chair Jenson

Clarifies the possible amendments to the bill, and asks the witness to address the amendments.

315

Cosezan

Discusses the amendments, and the concerns which have been discussed.

330

Chair Jenson

Asks for further clarification which may be offered by the possible amendments.

340

Cosezen

Discusses what particular issues which may be addressed by the amendments. Explaining that the amendments would narrow the bill to dealing with irrigation districts. Points out that the districts expressed concerns for keeping the ability to own water rights if the district owns land.

370

Jean Wilkinson

Oregon Farm Bureau. Discusses the issues regarding the work group and the concerns expressed by the irrigation districts.

400

Chair Jenson

Asks Ms. Wilkinson to allow the district representatives to address their concerns.

405

Wilkinson

Acknowledges, and continues discussing the issue.

TAPE 83, B

010

Brad Harper

Water For Life. Discusses the issues discussed by the work group, and addresses the coming amendments.

025

Katie Fast

Oregon Cattlemen’s Association. Discusses the concerns of her members regarding the ownership issue and the need to define that ownership.

040

Rep. Kropf

Asks whether there is any language in the amendments which would help the water districts achieve the goal of delivering water down stream effectively.

050

Kosezan

Discusses the possible cancellation of water rights in regards to Water Districts and their ability to make contracts.

070

Wilkinson

Concurs with Mr. Kosezan, and further comments on the issue.

085

Kosezan

Points out that senior water rights are often delivered before those of more junior water rights.

095

Harper

Concurs with the previous witnesses comments.

105

Fast

Concurs with the other witnesses, and refers to the relevant Attorney Generals decision.

115

Rep. Kropf

Clarifies that the water districts do have a limited ownership right, and asks whether, in the bill as written, this right would be limited or taken away.

120

Richard

Explains that he does not believe there is any limitation of this ownership.

130

Rep. Kropf

Clarifies his earlier question, and expresses his wish to conserve the statutes quo.

135

Richard

Explains that he does not believe there would be any such change.

140

Chair Jenson

Asks Mr. Tiffany to address the issue.

150

Willie Tiffany

League of Oregon Cities. Offers testimony regarding HB 3298.

160

Amanda Rich

Special Districts Association of Oregon. Explains that her group is satisfied with the proposed amendments, but her group is still concerned with the possible limitations imposed by the bill.

180

Anita Winkler

Oregon Water Resources Congress. Offers testimony regarding HB 3298, and expresses continued concerns regarding the bill.

250

Chair Jenson

Apologizes for not having the amendments for the meeting, but points out the general time crunch of the legislature.

265

Winkler

Thanks the Chair, and points out that there are two or three amendments being discussed by the work group. Comments on an earlier question posed by Rep. Kropf.

290

Rep. Schaufler

Asks whether there was any thought given to ensuring that nobody would lose their water rights as an unintended consequence.

310

Winkler

Discusses the problems associated with the issue.

335

Kristina McNitt

Oregon Water Resources Congress. Concurs with Ms. Winkler.

345

Doug Myers

WaterWatch. Points out that the while in stream water rights are not included in the bill, the issue is an extremely broad and complex issue which should be addressed by a task force.

365

Chair Jenson

Asks Mr. Myers if WaterWatch is willing to fund such a task force.

370

Myers

Points out the issue could be addressed by the Water Resources Department.

375

Chair Jenson

Points to the inability of the Department to effectively resolve the issue so far.

380

Rep. Kruse

Comments on the time between sessions.

395

Adam Sussman

Oregon Water Resources Department. Offers testimony regarding HB 3298 and the issue of defining “owner.”

410

Chair Jenson

Clarifies that in light of the AG decision that “owner” is already defined in law.

415

Sussman

Acknowledges the AG decision, but expresses concerns for defining “owner” or “holder” in statute.

TAPE 84, B

005

Sussman

Continues with testimony regarding HB 3298.

035

Rep. Schaufler

Comments on the confusion regarding definitions in statute.

045

Tom Paul

Oregon Water Resources Department. Further discusses the department’s concerns with regarding the issue.

060

Chair Jenson

Asks whether the district can have water right not apertinent to the land for delivery purposes.

065

Paul

Discusses the districts ability to own water rights.

080

Chair Jenson

Asks whether the statutes discussed by Mr. Paul are available.

082

Sussman

Indicates that he will get that information to the Chair.

095

Chair Jenson

Comments on the upcoming schedule for the committee. Closes the work session on HB 3298, and adjourns the meeting at 10:11 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 499A, written testimony, Adam Sussman, 4 pp.

B – SB 499A, conceptual amendment, Harlan Levy, 2 pp.