HOUSE COMMITTEE ON WATER

 

 

May 13, 2003 Hearing Room B

8:30 AM Tape  87 - 88

 

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:            HB 3281 – Work Session

                                                SB 590A – Public Hearing and Work Session

                                                SB 576 – Public Hearing

                                                Informational Meeting – Current and Future Uses of Water from the Columbia River

                                               

 

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 87, A

003

Chair Jenson

Calls meeting to order at 8:39 a.m. and opens a work session on HB 3281.

HB 3281 – WORK SESSION

005

Pete Test

Committee Administrator. Introduces the proposed -3 amendments (EXHIBIT A).

010

Kristina McNitt

Oregon Water Resources Congress. Indicates her groups support for the -3 amendments to HB 3281.

020

Rep. Tomei

MOTION:  Moves to ADOPT HB 3281-3 amendments dated 05/09/03.

 

 

VOTE:  4-0

EXCUSED:  3 - Dingfelder, Kropf, Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

025

Rep. Tomei

MOTION:  Moves HB 3281 to the floor with a DO PASS AS AMENDED recommendation.

030

 

VOTE:  4-0

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

EXCUSED:  3 - Dingfelder, Kropf, Kruse

 

Chair Jenson

The motion CARRIES.

035

Rep. Tomei

MOTION:  Moves HB 3281 be placed on the CONSENT CALENDAR.

 

 

VOTE:  4-0

EXCUSED:  3 - Dingfelder, Kropf, Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

040

Chair Jenson

Closes the work session on HB 3281, and opens a public hearing on SB 590A.

SB 590A – PUBLIC HEARING

045

Pete Test

Committee Administrator. Offers a description of SB 590A, with reference to the issued fiscal impact statement (EXHIBIT B).

055

Brad Harper

Water For Life, Executive Director. Offers written testimony (EXHIBIT C) in support of SB 590A.

075

Rep. Flores

Clarifies the original timeframe request of Water for Life.

080

Harper

Discusses the time issues and related negotiations with the Department.

085

Chair Jenson

Asks whether, in Mr. Harper’s estimation, forty five days would be sufficient.

090

Harper

Indicates that he think forty five days is a good enough timeframe to start the process.

105

Paul Cleary

Oregon Water Resources Department, Director. Offers written testimony (EXHIBIT D) regarding SB 590A.

155

Chair Jenson

Points out his wish to amend the bill to have a 180 day timeframe.

165

Cleary

Acknowledges. Discusses what time the department needs for the process.

175

Harper

Comments on the time needed to initiate the process.

180

Cleary

Further offers his interpretation of the bill and its proposed timeframe.

190

Rep. Flores

Asks about specific wording in Mr. Cleary’s testimony. Asks how written notice is supplied during the process of notification.

195

Cleary

Explains that he is not certain, but discusses the issue.

200

Rep. Tomei

Clarifies the workload involved in the cancellation process.

210

Cleary

Acknowledges, further expressing the concerns of the department for their ability to deliver under the proposed time limit.

220

Chair Jenson

Closes the public hearing on SB 590A, and opens a work session on SB 590A.

SB 590A – WORK SESSION

240

Rep. Kropf

MOTION:  Moves to AMEND SB 590A on page 1, in line 7, delete "270," and insert "180".

245

Rep. Schaufler

Indicates his support for the bill and the amendments, and expresses concern for the legislature placing additional mandates on the departments without any thought given to funding.

255

Chair Jenson

Recognizes Rep. Schaufler concerns and addresses the issue.

275

Rep. Tomei

Offers her concerns with the conceptual amendment and intent to vote No on the conceptual amendment, pointing out that this issue was already dealt with on the Senate side.

295

Rep. Dingfelder

Expresses her support for the conceptual amendment and further discusses the issue, asking that the department offer the committee an update on the program next session.

320

Chair Jenson

Thanks the Representative for her input, and concurs with the need for an update.

330

 

VOTE:  5-1

AYE:               5 - Dingfelder, Flores, Kropf, Schaufler, Jenson

NAY:               1 - Tomei

EXCUSED:     1 - Kruse

 

Chair Jenson

The motion CARRIES.

340

Rep. Kropf

MOTION:  Moves SB 590A to the floor with a DO PASS AS AMENDED recommendation.

350

Rep. Tomei

Expresses her intent to vote No on the motion.

360

 

VOTE:  5-1

AYE:               5 - Dingfelder, Flores, Kropf, Schaufler, Jenson

NAY:               1 - Tomei

EXCUSED:     1 - Kruse

 

Chair Jenson

The motion CARRIES.

REP. KROPF will lead discussion on the floor.

375

Chair Jenson

Closes the work session on SB 590A, and opens a public hearing on SB 576.

SB 576 – PUBLIC HEARING

380

Pete Test

Committee Administrator. Offers a description of SB 576. Enters into the record submitted testimony from Stan Gregory of the Independent, Multidisciplinary Science Team (EXHIBIT E), and enters into the record the Independent, Multidisciplinary Science Team (IMST): Charter and Operating Procedures (EXHIBIT F).

390

Rich Angstrom

Oregon Concrete and Aggregate Producers Assn. (OCAPA). Offers testimony in support of SB 576, with reference to submitted letter (EXHIBIT G) from Brendan McCarthy of Legislative Counsel, submitted record (EXHIBIT H), and submitted letter (EXHIBIT I) from the IMST.

TAPE 88, A

105

Rep. Dingfelder

Clarifies specific wording in the Charter and Operating Procedures.

120

Angstrom

Comments on the section in question.

135

Rep. Dingfelder

Questions whether this legislation addresses the problem in question. Further comments on how the process could be fixed without changes to statute.

145

Angstrom

Points out that while the IMST is supposed to advise on policy, it often operates as a policy creating entity. Further comments on the role of the IMST in deciding policy.

210

Rep. Dingfelder

Clarifies that OCAPA would rather have the IMST not make any policy suggestions.

220

Angstrom

Further comments on his perception that the IMST needs to opens its process to outside input.

240

Rep. Schaufler

Offers his interpretation of Mr. Angstrom’s concerns.

245

Angstrom

Acknowledges the interpretation.

255

Ray Wilkeson

Oregon Forest Industries Council. Offers testimony regarding SB 576. Offers wording for a possible conceptual amendment.

330

Rep. Kruse

Thanks Mr. Wilkeson and asks for his comment on specific wording in the bill.

350

Wilkeson

Comments on the section of the bill in question.

355

Rep. Kruse

Comments on limiting the IMST’s ability to recommend policy.

365

Wilkeson

Discusses the ability of scientists to recommend policy.

380

Rep. Schaufler

Points out his belief that there should be no limit on those who recommend policy.

390

Rep. Dingfelder

Points out that the concerns is with who makes the final policy decision.

TAPE 87, B

001

Wilkeson

Responds, indicating the Board of Forestry makes the final decision and further discusses the issue.

010

Rep. Kruse

Discusses the possible ill effects of the bill.

015

Chair Jenson

Closes the public hearing on SB 576, and opens an informational meeting on Current and Future Uses of Water from the Columbia River.

INFORMATIONAL MEETING

020

Paul Cleary

Oregon Water Resources Department. Offers informational written testimony (EXHIBIT J) regarding the current and future uses of water from the Columbia River.

055

Chair Jenson

Asks what the total flow of the Columbia River is.

060

Cleary

Discusses the total flow, and continues with testimony.

095

Chair Jenson

Clarifies whether the amount mentioned is the appropriated or actually used amount.

100

Cleary

Identifies the figure as the appropriated amount.

115

Chair Jenson

Asks for a clarification of appropriation differences from the Columbia and the Colorado Rivers.

120

Cleary

Discusses the difference between the Columbia and Colorado. Further discusses the allocation formula used for the Colorado River. Concludes informational testimony.

200

Chair Jenson

Reminds the Committee that this is an informational meeting, so the Committee can asks questions of the witnesses.

210

Rep. Dingfelder

Asks about wording in testimony which indicates the Washington State moratorium on water rights issuance for the Columbia and Snake river has lapsed.

215

Cleary

Explains that this was a legislative moratorium with a sunset clause, and further discusses the issue.

230

Martha  Pagel

Eastern Oregon Irrigation Association (EOIA). Identifies the make-up of the EOIA, and offers written informational testimony (EXHIBIT K) regarding the current and future uses of water from the Columbia River.

340

Rep. Kropf

Clarifies specific wording in Ms. Pagel’s testimony, and asks why the legislature has not adopted any more reservation of water since given that authority.

350

Cleary

Points out that no legislation has been sent to the legislature regarding this issue.

360

Rep. Kropf

Clarifies Mr. Cleary’s answer.

380

Pagel

Further comments on Rep. Kropf’s answer.

415

Rep. Schaufler

Asks how large Washington State’s reservation is.

TAPE 88, B

005

Cleary

Estimates the Washington State reservation at 1.36 million acre feet, and discusses the history of the Oregon and Washington reservations.

015

Rep. Kruse

Clarifies that the state of Washington recently increased its allocation, and Oregon needs an allocation for another reservation.

020

Cleary

Points out there are no limitations against allocations, and further comments on the future issuance of water rights.

035

Rep. Kruse

Clarifies the amounts of water being diverted for irrigation in Washington and in Oregon.

040

Cleary

Points out that Oregon diverts about 0.3% of the total flow while Washington diverts about 2.7%, and Idaho diverts 4% all from the Snake river.

050

Pagel

Refers to her submitted written testimony which discusses this issue.

060

Rep. Kruse

Remarks that one percent flow does not seem like it would have that great affect on any body of water.

065

Chair Jenson

Points out there would be an impact on the amount of agricultural product which could be raised by diverting that flow.

067

Rep. Kruse

Acknowledges.

070

Rep. Dingfelder

Asks how the Department works with the Environmental Protection Agency (EPA) on setting flows for hydro and fish migration.

075

Cleary

Points out the constraints on the Federal Power System, and refers to his submitted testimony. Refers to Rep. Kruse’s concerns for the lack of effect of diverting one percent, pointing out that this effect increases and compounds at low flow points.

095

Pagel

Comments on the federal water rights for hydro projects.

110

Rep. Schaufler

Points out the need for wind energy.

115

Rep. Jenson

Comments on the affects of species protection on such projects.

125

Rep. Kropf

Clarifies specific information from Mr. Cleary’s testimony.

126

Cleary

Acknowledges the clarification.

127

Rep. Kropf

Clarifies specific information form Ms. Pagel’s testimony.

128

Pagel

Discusses the perceived disparity in the numbers.

150

Cleary

Comments on the numbers in question.

160

Rep. Tomei

Asks Ms. Pagel to explain the chart at the back of her testimony.

165

Pagel

Offers an explanation of the chart in question.

170

Cleary

Helps explain the chart.

185

Chair Jenson

Points out there could be difficulty in achieving some numbers on the chart.

195

Cleary

Explains that from a soil and climate standpoint, there could be irrigation use, but there are economic restraints.

205

Chair Jenson

Points out that the area in question is the largest food producing county in the state.

215

Pagel

Points out the efficient production of the area in question.

230

Chair Jenson

Concurs with Ms. Pagel and discusses the efficiency in the area in question.

250

Rep. Schaufler

Discusses recent legislation passed by the committee.

255

Chair Jenson

Points out the role of Washington State in this matter.

260

Rep. Kropf

Comments on the make-up of the federal and state endangered species lists.

265

Chair Jenson

Concurs, and further comments.

275

Cleary

Points out the use of water for power production in Oregon.

280

Chair Jenson

Comments on use of coal for power production. Closes the informational meeting, and adjourns the meeting at 10:23 a.m.

The following informational testimony was submitted for the record without public testimony.

 

Staff

Submitted informational testimony from the Confederated Tribes of the Umatilla Indian Reservation (EXHIBIT L).

 

 

EXHIBIT SUMMARY

 

A – HB 3281, -3 amendments, Staff, 15 pp.

B – SB 590A, Fiscal Impact Statement, Staff, 1 p.

C – SB 590A, written testimony, Brad Harper, 2 pp.

D – SB 590A, written testimony, Paul Cleary, 2 pp.

E – SB 576, submitted letter, Staff, 1 p.

F – SB 576, Independent, Multidisciplinary Science Team: Charter and Operating Procedures, Staff, 5 pp.

G – SB 576, submitted letter from Brendan McCarthy, Rich Angstrom, 2 pp.

H – SB 576, submitted record, Rich Angstrom, 1 p.

I – SB 576,smbitted letter from Stan Gregory, Rich Angstrom, 18 pp.

J – Informational Meeting, written testimony, Paul Cleary, 6 pp.

K – Informational Meeting, written testimony, Martha Pagel, 6 pp.

L – Informational Meeting, submitted written testimony, Staff, 4 pp.