August 13, 2003                                                                                                      Hearing Room B

2:30 pm                                                                                                                     Tapes 116 - 117


MEMBERS PRESENT:         Sen. Kate Brown, Co-chair, Presiding

Sen. Roger Beyer, Co-chair 

Sen. Jason Atkinson, Vice-chair

                                                Sen. Tony Corcoran

Sen. Bill Fisher


MEMBER EXCUSED:          Sen. Ginny Burdick, Vice-chair


STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Jeana Harrington, Committee Assistant


MEASURES HEARD:                       HB 3654 – Public Hearing and Work Session

                                                SB 928 – Public Hearing


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 116, A


Co-chair Brown

Calls meeting to order at 2:36 PM. Opens public hearing on HB 3654.



Marjorie Taylor

Committee Administrator. Summarizes HB 3654, which enacts provisions of federal law relating to health insurance coverage for mastectomy-related services.


Sen. Vicki Walker

Senate District 7. Testifies in support of HB 3654. Provides and explains the statutory text of the Women’s Health and Cancer Rights Act (EXHIBIT A). Explains the bill. Notes no opposition to the bill and recalls passage in the House.


Sen. Fisher



Co-chair Brown

Closes public hearing and opens work session on HB 3654.



Sen. Beyer

MOTION:  Moves HB 3654 to the floor with a DO PASS recommendation.



VOTE:  4-0-2

EXCUSED:  2 - Atkinson, Burdick


Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.


Co-chair Brown

Closes work session on HB 3654. Opens public hearing on SB 928.



Judith Callens

Committee Administrator. Summarizes SB 928, which establishes process for development of recreation management plan for recreational use of waterway. Notes the -1 amendments (EXHIBIT B) from the bill, information on liability limitations (EXHIBIT C) and on the current law restored by the -1 amendment (EXHIBIT D) and letters submitted on the issue (EXHIBIT E). Speaks on the letter from Mr. Carrier (EXHIBIT E, page one). Differentiates the -1 amendments from the bill. Lists the requirements of the -1 amendments and the bill.


Sen. Ted Ferrioli

Senate District 30. Testifies in support of SB 928. Explains the -1 amendments are a replacement to the bill. Advises the bill is not about navigability, but about the development of a recreation management plan. Stresses the bill is a product of a workgroup of land owners and recreation users. Speaks on section two regarding hunting. Informs of the advisory committee created by the bill. Highlights a fund the bill will create to pay for costs associated with the bill, but adds that the Oregon Department of Fish and Wildlife will use its own funding. Believes opposition will always exist. Notes two-to-one support from a mail survey of those living on the John Day River (EXHIBIT F), and adds he will return with the conclusion of the survey.


Inga Deckert

Oregon State Treasury. Provides background on the workgroup. Explains the Treasurer’s interest in the issue. Notes the -1 amendments are a compromise created by the workgroup. Speaks on the determination of the navigability on the John Day River. Explains the navigability study will automatically commence at the end of session if the Governor does not sign the bill.


Jesse Cornett

Land Board Assistant, Office of the Secretary of State. Testifies in support of SB 928.


Jim Myron

National Resources Policy Analyst, Office of the Governor. Testifies in support of SB 928. Provides list of principles laid out by the Governor at the June 2003 State Land Board meeting (EXHIBIT G).


Gary Benson

Northwest Steelheaders. Testifies in support of SB 928. Notes he has been a member of the workgroup for the past year. Explains the issue is of clarity. Voices sympathy for land owners. Speaks on alternatives. States the bill as amended only serves the John Day River, and does not solve all problems. Thinks the workgroup could create a statewide solution to navigability.

TAPE 117, A


Jean Underhill-Wilkeson

Oregon Farm Bureau (OFB). Testifies in support to SB 928. Accounts for the situation of disagreement regarding land ownership. Provides opinions of the consensus of the workgroup. Speaks on the “ten feet proposal.” Speaks on the Governor’s approach on the measure. States she feels efforts were undermined by the Governor’s Office. Explains the majority of the landowners’ support for the bill.    


Phil Donovan

Association of Northwest Steelheaders. Testifies in support of SB 928. States they wish to avoid a navigability study. Addresses the opposing viewpoints to the bill. States the goal is for access to public rivers.


Sen. Atkinson

Refers to correspondence by William Butler. Asks if Mr. Butler is a steelheader.



Responds no.


Sen. Atkinson

Continues. Informs of arguments of Mr. Butler. Clarifies the steelheaders’ stance on the issue.



Responds that under the fed admissions act it was up to the state to determine which. States there is nothing to prevent Oregon from pursuing other river navigability studies. Voices hope the taskforce will find a statewide solution.


Sen. Atkinson

Inquires if the public trust doctrine is part of the federal standard described.



Believes so.


Sen. Atkinson

Asks if the steelheaders as an association are opposed to compensation of landowners, requests a policy statement.



Informs the steelheaders supported a bill that would suspend taxation to the center of the river, although it did not address the issue of back taxes. Comments further on the high water mark.


Sen. Atkinson

Requests the parties outline the Montana Law.



Answers that in the mid-eighties Montana considered a similar issue of navigability. Explains how Montana chose to classify waterways.


Harlan Levy

Oregon Association of Realtors (OAR); member of workgroup. States OAR would support SB 928 as introduced, but not with the -1 amendments due to the ten foot mark. Provides examples of due process rights the owners would have. Informs of navigability regulations.


Al Elkins

Oregon Hunters Association; member of workgroup. Supports SB 928 as introduced, without the -1 amendments due to hunting provisions. Voices concern for hunting along the John Day River. Adds OHA consents to the provision.


Glen Stonebrink

Oregon Cattlemen. Testifies in opposition to SB 928. Explains they have not received a consensus of the landowners on the bill. Informs of town hall meetings held. Lists concerns with the -1 amendments to SB 928.  Provides opinion on the amendments.



Informs of the decisions of the workgroup and the concessions made to those at town hall and to the community.



Refers to page three, section five, line 32 of the original bill. Assures land owners property damage are eligible for compensation and the monies would be applied to the Oregon Department of Recreation.

TAPE 116, B



Adds that throughout discussions on compensation, there was no use fee discussed.


Lawrence Edwards

Marion County. Testifies in opposition to SB 928 (EXHIBIT H). Cites examples of court decisions on navigability. Asks where the attorneys were when the legislation was created. Urges further consideration of the measure. Provides opinion on the measure. Provides history on navigable waters in Oregon. Continues listing court decisions regarding navigable waters. Questions the merit of removing the John Day River from the study. Understands SB 928 is the fourth attempt of Sen. Ted Ferrioli to prevent use of the John Day River. Provides statistics of use of the John Day River. Urges the navigability study continue.


Art Israelson

River Access Director, Northwest Steelheaders. Testifies in support of SB 928. Accounts for past decisions on navigability. Questions provision regarding back taxes. Explains the Governor was the Attorney General at the time of a past court decision on navigability.


Scott Ashcom

Oregon Agricultural Alliance. Testifies in support of SB 928 with the -1 amendments. Notes he was present in the 1981 and 1983 legislative sessions when the issue was discussed by the land board. Expresses the workgroup created a compromise.


Brad Harper

Executive Director, Water for Life. Testifies in opposition to SB 928 (EXHIBIT I). Explains concerns with the bill including dedicated funding. Believes the -1 amendments are a further departure from the compromise. Speaks on the issue of “takings.”


Co-chair Brown

Asks if Water for Life supports the public trust doctrine. 



Believes in the navigability designation that already exists under state law.  Asserts that the existing law is superior to the measure being considered.


Michael Dundy

D.R. Johnson Companies. Testifies in opposition to SB 928 (EXHIBIT J) due to access limitations and hunting due to the uncertainty of a high water line. Informs of the land owned by the company. Believes the law is about navigability. Aggress with Sen. Ferrioli’s comments that the disagreement will continue. Thinks property owners are at a loss in the issue and agrees that the state is not effectively dealing with the cost issue. Details disagreement with testimony from the Governor and the steelheaders. Believes the issue is a federal one.


Co-chair Brown

Closes public hearing on SB 928. Adjourns meeting at 3:59 PM.




A – HB 3654, statutory text, Sen. Vicki Walker, 3 pp.

B – SB 928, -1 amendments, Staff, 8 pp.

C – SB 928, liability limitations, Staff, 3 pp.

D – SB 928, statutory text, Staff, 1 p

E – SB 928, letters, Staff, 12 pp. 

F – SB 928, survey, Sen. Ted Ferrioli, 10 pp.

G – SB 928, Governor’s policy, Jim Myron, 1 p

H – SB 928, written testimony, Lawrence Edwards, 5 pp.

I – SB 928, letter, Brad Harper, 2 pp.

J – SB 928, letter, Michael Dundy, 1 p