HOUSE COMMITTEE ON WATER

 

 

May 15, 2003 Hearing Room B

8:30 AM Tape  89 - 90

 

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 820A – Public Hearing and 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 89, A

003

Chair Jenson

Calls meeting to order at 8:43 a.m. and opens the public hearing on        SB 820A.

SB 820A – PUBLIC HEARING

005

Pete Test

Committee Administrator. Offers a description of SB 820A, and introduces the proposed -A6 amendments (EXHIBIT A) , -A8 amendments (EXHIBIT B), and -A9 amendments (EXHIBIT C).

040

Senator David Nelson

Senate District 29. Offers written testimony (EXHIBIT D) regarding SB 820A.

135

Chair Jenson

Asks whether anyone has priority on the water right permits in question.

140

Sen. Nelson

Indicates he doesn’t know, but further addresses the issue of priority with permits.

165

Rep. Kropf

Asks whether either Sen. Nelson or Sen. Ferrioli have seen the –A9 amendments, and outlines the effects of those amendments.

175

Sen. Nelson

Comments on the effects of the –A9 amendments.

180

Rep. Dingfelder

Clarifies Sen. Nelson’s interpretation of the –A9 amendments, that the increased flow allowed by the amendments would be above and beyond that allowed by the original bill.

185

Sen. Nelson

Acknowledges.

190

Chair Jenson

Comments on possibly coming conceptual amendments.

200

Rep. Schaufler

Asks whether there are any predictions on what production might come from creating these reserves.

205

Sen. Nelson

Comments on the productivity of the land when irrigated.

210

Rep. Schaufler

Asks how many acres of land would be put into production if this bill were passed.

215

Sen. Nelson

Indicates that there would be close to 80,000 acres.

220

Rep. Schaufler

Clarifies that this would not be marginal land, but arable and productive acres.

225

Sen. Nelson

Acknowledges that this would be good, productive land.

230

Chair Jenson

Points out that the proposed reserve is not necessarily for agriculture, but for “beneficial use.”

240

Rep. Schaufler

Asks how much water would be needed for 80,000 acres to go into production.

245

Sen. Nelson

Responds that 80,000 would need around 240,000 acre feet.

250

Rep. Tomei

Asks for a clarification of the legality regarding water rights upon a river which crosses differing jurisdictions.

255

Sen. Nelson

Points out that the state has the right to reserve water, and further discusses the legality issue.

Sound equipment malfunction

265

Rep. Tomei

Further clarifies her legality question.

270

Sen. Nelson

Further comments on the legality issue.

285

Sen. Ferrioli

Senate District 30. Offers testimony in support of SB 820A.

TAPE 90, A

001

Sen. Ferrioli

Continues with testimony in support of SB 820A, with comments on the multiple amendments to the bill.

055

Rep. Tomei

Asks how Oregon originally received the rights to the 30 million acre feet from the Columbia.

060

Sen. Ferrioli

Discusses the means in which state water rights are decided.

070

Rep. Tomei

Asks when the intergovernmental agreement was reached.

075

Sen. Ferrioli

Explains the agreement was reached in about 1985, and points out those agreements were created before endangered species legislation.

090

Rep. Tomei

Clarifies the intent of her question was to better outline the legality of the issue.

095

Sen. Ferrioli

Acknowledges and continues testimony.

100

Rep. Kruse

Indicates his support for the measure, but expresses his concern that this bill still leaves Oregon well below the amount diverted by Washington state.

110

Sen. Ferrioli

Comments on the work which has gone into the bill and the reasoning behind the 259,000 square miles figure.

140

Rep. Kruse

Points out that the issue will need to be readdressed in the future. Comments on the agricultural use of the water in Washington State. Offers the committee an update on Rep. Westlund’s health. Continues with comments on water use from the Columbia.

170

Sen. Ferrioli

Agrees, and further discusses the need to not dwell on the percentage use, but the efficient use of the water.

190

Rep. Schaufler

Asks what percentage the proposed increase would make for Oregon usage.

195

Sen. Ferrioli

Indicates that he does not know, but points out the need to look at efficiency rather than percentage.

200

Vice-Chair Dingfelder

Asks whether there are any limitations on the Water Resources Department from currently issuing water rights under existing laws.

210

Sen. Ferrioli

Comments on the limitations imposed on the Department.

215

Rep. Kropf

Clarifies that the proposed 250,000 acre feet figure is the maximum water which would be needed.

220

Sen. Ferrioli

Points out that the 250,000 figure is a cap.

230

Martha Pagel

Eastern Oregon Irrigation Association. Comments on the percentages of the original bill.

240

Sen. Ferrioli

Thanks the committee for their time.

245

Rep. Schaufler

Asks Ms. Pagel what percentage of total Columbia flow the 250,000 acre feet would bring the state up too.

250

Pagel

Discusses the percentage use of total Columbia flow. Offers written testimony (EXHIBIT E) regarding SB 820A.

290

Rep. Dingfelder

Expresses concern for implementing an interim goal, and the practical effect of such a goal.

300

Pagel

Explains that there is an important policy implication of putting Oregon on par with Washington regarding consumption of the Columbia’s flow.

320

Rep. Dingfelder

Further questions the interim goals.

330

Pagel

Comments on the evolution of the bill, and further discusses the interim goals. Offers a description of the –A9 amendments.

340

Rep. Dingfelder

Asks why the intent of the –A9 amendments could not be accomplished by changing the amount in the A-engrossed bill.

350

Pagel

Further comments on the –A9 amendments in effect and implementation.

TAPE 89, B

025

Rep. Flores

Clarifies that 1.42 million acre-feet would bring Oregon to one percent diversion, and further clarifies the differing percentages.

030

Pagel

Comments on the percentage of future developments.

035

Chair Jenson

Points out that the 250,000 is not the total amount withdrawn on the Oregon side.

045

Bill Quaempts

Confederated Tribes of the Umatilla Indian Reservation. Offers written testimony (EXHIBIT F) regarding SB 820A.

160

Chair Jenson

Thanks Mr. Quaempts for his testimony.

180

Rep. Schaufler

Indicates his sympathy for Mr. Quaempts concerns, but asks the witness to better explains in which passage of this bill would cause harm to the Tribes fishing abilities.

190

Quaempts

Discusses the ways in which policy changes regarding the Columbia River affect the Umatilla Tribes fishing rights.

230

Rick George

Department of Natural Resources. Offers testimony regarding SB 820A.

265

Rep. Schaufler

Asks whether the 160,000 acre-feet figure would address the tribes concerns.

270

George

Comments on the critical nature of the number.

285

Chair Jenson

Clarifies that Mr. George would be more in support of the proposed conceptual amendments.

290

George

Acknowledges.

295

Michael Mason

Confederated Tribes of the Warm Springs Reservation of Oregon. Offers written testimony (EXHIBIT G) from Louis Pitt regarding SB 820A.

370

Rep. Tomei

Claries that the tribe would only agree to the bill if the -6 amendments were included.

375

Mason

Explains that this is the directive of his tribal council.

TAPE 90, B

001

Paul Cleary

Oregon Water Resources Department. Offers written testimony (EXHIBIT H) support of SB 820A.

060

Rep. Tomei

Clarifies specific language in the bill. Expresses concern for the possible effects on fish runs.

070

Cleary

Comments on the permitting process in context to Rep. Tomei’s concerns.

085

Rep. Tomei

Restates her concerns regarding effects on the fish runs in drought years.

090

Cleary

Explains that there is protection through the water right, and discusses other means in which fish runs are protected in low-flow years.

100

Rep. Kruse

Closes the public hearing on SB 820A, and opens a work session on  SB 820A.

SB 820A – WORK SESSION

105

Rep. Kruse

MOTION:  Moves to ADOPT SB 820A-9 amendments dated 05/15/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

110

Rep. Kruse

MOTION:  Moves to ADOPT SB 820A-10 amendments dated 05/15/03, (EXHIBIT I).

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

115

Rep. Kruse

MOTION:  Moves SB 820A to the floor with a DO PASS AS AMENDED recommendation.

120

Rep. Tomei

Asks why there is no representative from the environmental community present at the meeting.

125

Chair Jenson

Comments on the posting of the meeting agenda.

130

Doug Meyers

WaterWatch. Indicates his groups opposition to the bill.

150

Chair Jenson

Asks Ms. Wilkinson to address the bill.

155

Jean Wilkinson

Oregon Farm Bureau. Offers testimony in support of SB 820A.

180

Martha Pagel

Points out the need for conceptual amendments.

185

Rep. Kruse

Withdraws his motion to send SB 820A to the floor with a Do Pass as Amended recommendation.

190

Chair Jenson

Thanks Rep. Kruse for withdrawing his motion, and comments on the situation the bill is in. Comments on the economic incentives of the bill. Indicates his intention to move the bill with the –A9 and –A10 amendments, but to convene a conference committee with the Senate side regarding the issue. Clarifies the wording of the conceptual amendments.

290

Pagel

Clarifies the wording of the conceptual amendments.

295

Rep. Kruse

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote by which the –A9 amendments were adopted to SB 820A.

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

300

Rep. Kruse

MOTION:  Moves to RECONSIDER the vote by which the –A9 amendments were adopted to SB 820A.

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

305

Rep. Kruse

MOTION:  Moves to SUSPEND the rules for the purpose of Conceptually amend the -A9 amendments to SB 820A.

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair

Hearing no objection, declares the motion CARRIED.

310

Rep. Kruse

MOTION:  Moves to AMEND the –A9 amendments to SB 820A on page 1, in line 11, delete "160,000" and insert "amount".

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

315

Rep. Kruse

MOTION:  Moves to ADOPT SB 820A-9 amendments dated 05/15/03 as Conceptually Amended.

 

 

VOTE:  6-0

EXCUSED:  1 - Dingfelder

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

320

Rep. Kruse

MOTION:  Moves SB 820A to the floor with a DO PASS AS AMENDED recommendation.

325

Rep. Tomei

Clarifies whether there will be any representatives from the environmental community in the proposed work group.

330

Chair Jenson

Points out the inability to place the bill on the consent calendar.

340

 

VOTE:  5-1

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

NAY:               1 - Tomei

EXCUSED:     1 - Dingfelder

 

Chair Jenson

The motion CARRIES.

CHAIR JENSON will lead discussion on the floor.

350

Chair Jenson

Enters into the record submitted testimony (EXHIBIT J) from Chuck Craig from the Oregon Department of Agriculture. Closes the work session on SB 820A, and adjourns the meeting at 10:34 a.m.

 

 

EXHIBIT SUMMARY

 

A – 820A, -A6 amendments, Staff, 1 p.

B – 820A, -A8 amendments, Staff, 2 pp.

C – 820A, -A9 amendments, Staff, 2 pp.

D – 820A, written testimony, Sen. Nelson, 4 pp.

E – 820A, written testimony, Martha Pagel, 3 pp.

F – 820A, written testimony, Bill Quaempts, 3 pp.

G – 820A, submitted written testimony from Louis Pitt, Michael Mason, 1 p.

H – 820A, written testimony, Paul Cleary, 2 pp.

I – 820A, -A10 amendments, Staff, 1 p.

J – 820A, submitted written testimony from Chuck Craig, Staff, 1 p.