HOUSE COMMITTEE ON WATER

 

 

May 08, 2003 Hearing Room B

8:30 AM Tape  85 - 86

 

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 82A – Work Session

                                                HB 3281 – Work Session

                                                HB 3201 – 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 85, A

003

Chair Jenson

Calls meeting to order at 8:46 a.m. and opens a work session on SB 82A.

SB 82A – WORK SESSION

005

Pete Test

Committee Administrator. Offers a description of SB 82A.

012

Chair Jenson

Asks whether the Committee has all the relevant amendments.

015

Test

Introduces the proposed -A4 amendments (EXHIBIT A).

035

Jeanette Holman

Oregon Division of State Lands. Offers a brief history and description of the bill.

060

Chair Jenson

Asks why these amendments were not amended in the Senate.

065

Holman

Explains the amendments which were adopted on the Senate side.

075

Adam Sussman

Oregon Water Resources Department. Offers written testimony (EXHIBIT B) in support of the -A4 amendments to SB 82A.

090

Chair Jenson

Asks why, if the bill was amended on the Senate side, there is a –A4 amendment to the bill before the committee.

100

Holman

Explains the reasoning for the –A4 amendments.

110

Sussman

Further explains the reason for the –A4 amendments, indicating that Sen. Messerle, who sponsored the bill, is in concurrence with the proposed amendments.

130

Chair Jenson

Asks if Sen. Messerle was supportive of the rewrite to the bill.

135

Sussman

Indicates that he did not know of the paragraph in question when he last talked to Sen. Messerle.

137

Holman

Points out changes requested by the Department.

140

Brendan McCarthy

Legislative Counsel. Discusses the reason for the changes proposed in the –A4 amendments, explaining that after rereading the A-engrossed version, he saw need for change.

170

Chair Jenson

Points out the difficulty with the language.

185

Jean Wilkinson

Oregon Farm Bureau. Offers testimony regarding SB 82A, and the proposed –A4 amendments.

200

Rep. Dingfelder

Asks whether Ms. Wilkinson has seen the –A4 amendments.

205

Wilkinson

Explains that she supports the –A4 amendments.

210

Chair Jenson

Recesses the public hearing on SB 82A.

HB 3281 – WORK SESSION

215

 Chair Jenson

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 3281.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

220

Chair Jenson

Explains the reasoning for reconsidering the vote on HB 3281.

225

 Chair Jenson

MOTION:  Moves to RECONSIDER the vote by which HB 3281 was sent to the floor with a Do Pass recommendation.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

230

Rep. Kruse

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote by which the -1 amendments were adopted to HB 3281.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

235

Rep. Kruse

MOTION:  Moves to RECONSIDER the vote by which the -1 amendments were adopted to HB 3281.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

240

Chair Jenson

Opens a work session on HB 3281.

250

Pete Test

Committee Administrator. Offers a description of HB 3281, and the proposed -2 amendments (EXHIBIT C).

270

Adam Sussman

Oregon Water Resources Department. Offers testimony regarding HB 3281, and the proposed -2 amendments.

295

Rep. Dingfelder

Asks Mr. Sussman to expand on the issues of concern.

300

Sussman

Further discusses the issues which are addressed in the -2 amendments, and those issues which are not addressed by the amendments.

340

Rep. Dingfelder

Asks about the issue which is not addressed in the -2 amendments.

345

Sussman

Further discusses the issue of concern.

350

Rep. Kropf

Asks Mr. Sussman to address specific language which would be added by the -2 amendments.

370

Rep. Dingfelder

Discusses the language in question.

375

Rep. Kruse

Further discusses the language in question.

395

Kristina McNitt

Oregon Water Resources Congress. Offers testimony regarding the -2 amendments.

400

Rep. Kropf

Asks Ms. McNitt to address the changes from the -1 amendments to the -2 amendments.

405

McNitt

Comments on the relevant changes.

TAPE 86, A

015

Rep. Kruse

Asks for a clarification of specific wording in the amendments.

020

McNitt

Clarifies the wording in question. Further discusses what changes are needed for the -2 amendments.

040

Rep. Kruse

Asks what the problem is with the specific changes in the amendments.

045

Sussman

Explains that the department never saw a need to change the original wording of the statute in the way which was proposed.

055

Rep. Kruse

Asks what the intent of the change was originally.

060

McNitt

Discusses the original intent of the amendments.

065

Rep. Kruse

Comments on the need for a conceptual amendment to correct the problem.

075

Brendan McCarthy

Legislative Counsel (LC). Comments on the problems with the proposed conceptual amendments, indicating that he has no editorial ability to change amendments once adopted by the committee.

085

Rep. Kruse

Acknowledges, but clarifies what ability LC has to renumber sections after a conceptual amendment.

090

McCarthy

Indicates that this ability to renumber would probably be sufficient.

100

Rep. Flores

Asks about specific wording in the amendments.

105

Chair Jenson

Discusses a possible conceptual amendment.

110

McCarthy

Discusses the concern expressed by Rep. Flores.

135

Rep. Flores

Further questions the wording.

140

McCarthy

Further addresses the concern.

150

Chair Jenson

Expresses his concerns with creating conceptual amendments, closes the work session on HB 3281.

170

Rep. Kruse

Clarifies that the counties in question were consulted before drafting of the bill.

175

McNitt

Discusses the language in question, and the issues regarding the counties involved.

195

Rep. Kruse

Expresses concern for the potential changes expressed.

200

Chair Jenson

Discusses the role of the Water Resources Department in deciding the issue.

210

Committee

Discusses the proposed amendments.

225

Chair Jenson

Opens a work session on SB 82 A.

SB 82A – WORK SESSION

230

Rep. Kruse

MOTION:  Moves to ADOPT SB 82A-4 amendments dated 05/07/03.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

235

Rep. Kruse

Clarifies that Sen. Messerle is comfortable with the amendments.

240

Chair Jenson

Acknowledges that during the recess Sen. Messerle was contacted, and is fine with the amendments.

245

Rep. Kruse

MOTION:  Moves SB 82A to the floor with a DO PASS AS AMENDED recommendation.

250

 

VOTE:  7-0

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

 

Chair Jenson

The motion CARRIES.

255

Rep. Kruse

MOTION:  Moves SB 82A be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

260

Chair Jenson

Closes the work session on SB 82A, and opens a work session on HB 3201.

HB 3201 – WORK SESSION

265

 Chair Jenson

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 3201.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

270

Rep. Kruse

MOTION:  Moves to RECONSIDER the vote by which HB 3201 was sent to the floor with a Do Pass as Amended recommendation.

275

Rep. Dingfelder

Recalls that the Committee had sent HB 3201 to the Committee on Ways and Means.

280

Rep. Kruse

Amends his previous motion to include the subsequent referral to Ways and Means.

285

Chair Jenson

Clarifies the amended motion, and comments on the reason for reconsidering the bill.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

290

Rep. Kropf

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote by which the committee adopted the -2 amendments to HB 3201.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

295

Rep. Kropf

MOTION:  Moves to RECONSIDER the vote by which the committee adopted the -2 amendments to HB 3201.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

300

Chair Jenson

Opens a work session on HB 3201.

315

Kristina McNitt

Oregon Water Resources Congress. Offers testimony in support of HB 3201 and the proposed -3 amendments (EXHIBIT D).

325

Chair Jenson

Asks why there appears to be more changes in the -3 amendments than mentioned by Ms. McNitt.

330

McNitt

Comments on the relatively simple change which appears large.

340

Rep. Kruse

MOTION:  Moves to ADOPT HB 3201-3 amendments dated 05/06/03.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

345

Rep. Kruse

MOTION:  Moves HB 3201 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

350

 

VOTE:  7-0

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

 

Chair Jenson

The motion CARRIES.

360

Chair Jenson

Closes the public hearing on HB 3201, and opens a work session on HB 3298.

HB 3298 – WORK SESSION

365

Chair Jenson

Asks Rep. Flores to present the amendments to HB 3298.

370

Rep. Flores

Offers a description of the issue, and introduces the proposed -2 amendments (EXHIBIT E).

395

Chair Jenson

Asks about the effect of the -2 amendments.

400

Rep. Flores

Further comments on the effects of the proposed -2 amendments.

TAPE 85, B

005

Rep. Schaufler

Clarifies the limitation of the bill imposed by the -2 amendments.

007

Rep. Flores

Acknowledges.

010

Rep. Dingfelder

Asks the Department to address the amendments.

015

Adam Sussman

Oregon Water Resources Department. Discusses the proposed -2 amendments, indicating that the department is still uneasy with the bill.

050

Rep. Dingfelder

Clarifies the Department’s interpretation of the bill.

055

Sussman

Further discusses the Department’s understanding of the effects of the bill.

065

Rep. Kruse

Expresses concerns with some of the possible effects of the bill.

070

Chair Jenson

Comments on the forecasts mentioned by Mr. Sussman.

075

Rep. Flores

Discusses the work which has been done on the issue during the last several days. Enters into record submitted memo (EXHIBIT F) from the Oregon Cranberry Farmers’ Alliance.

095

Rep. Kruse

Asks Mr. McCarthy about specific wording in the -2 amendments.

100

Brendan McCarthy

Legislative Counsel. Explains the ways in which amendments are drafted.

115

Rep. Kropf

Refers to the original language of the bill, and asks about language in the -2 amendments.

125

McCarthy

Comments on the substantive effects of the -2 amendments.

145

Rep. Kropf

Clarifies that an irrigation could purchase land with water rights, and then be considered an owner as defined by the bill with the -2 amendments.

150

McCarthy

Acknowledges.

155

Rep. Kropf

Further clarifies the language in question, and the concerns with that language.

165

McCarthy

Comments on those concerns.

175

Rep. Kropf

Asks whether there is a conflict in not allowing a water district to be an owner would somehow limits its responsibility to deliver water.

180

McCarthy

Restates his lack of concern for there being a possible conflict.

190

Rep. Flores

MOTION:  Moves to ADOPT HB 3298-2 amendments dated 05/08/03.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

195

Rep. Flores

MOTION:  Moves HB 3298 to the floor with a DO PASS AS AMENDED recommendation.

200

 

VOTE:  6-1

AYE:               6 - Flores, Kropf, Kruse, Schaufler, Tomei, Jenson

NAY:               1 - Dingfelder

 

Chair Jenson

The motion CARRIES.

FLORES will lead discussion on the floor.

215

Chair Jenson

Closes the work session on 3298, and adjourns the meeting at 9:57 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 82A, -A4 amendments, Staff, 1 p.

B – SB 82A, written testimony, Adam Sussman, 2 pp.

C – HB 3281, -2 amendments, Staff, 18 pp.

D – HB 3201, -3 amendments, Staff, 9 pp.

E – HB 3298, -2 amendments, Staff, 1 p.

F – HB 3298, submitted testimony from Carol Russell, Rep. Flores, 1 p.