SENATE COMMITTEE ON WATER AND LAND USE

January 22, 2003 Hearing Room D

3:00 p.m. Tapes 1 - 2

MEMBERS PRESENT: Sen. Ted Ferrioli, Chair

Sen. Charlie Ringo, Vice-Chair

Sen. Jason Atkinson

Sen. Rick Metsger

STAFF PRESENT: Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

MEASURE/ISSUES HEARD: Organizational Meeting

Member Introductions

Adoption of Committee Rules

Informational Meeting

Water Resources Department overview

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 1, A
	005	Chair Ferrioli		Calls meeting to order at 3:05 pm. Opens organizational meeting.
	ORGANIZATIONAL MEETING
	010	Sen. Metsger		Introduces self.
	047	Sen. Ringo		Introduces self.
	061	Sen. Atkinson		Introduces self.
	102	Chair Ferrioli		Introduces self.
	206	Judith Callens		Committee Administrator. Introduces self and staff.
	252	Chair Ferrioli		Discusses proposed committee rules (EXHIBIT A).
	264	Callens		Explains proposed committee rules.
	311	Sen. Atkinson		Asks what constitutes a subcommittee.
	315	Chair Ferrioli		Responds.
	340	Sen. Ringo		MOTION: Moves to ADOPT the proposed Committee Rules dated 01/22/03.
	345			VOTE: 4-0
		Chair Ferrioli		Hearing no objection, declares the motion CARRIED.
	350	Chair Ferrioli		Closes organizational meeting and opens informational meeting.
INFORMATIONAL MEETING
360			Paul Cleary	Water Resources Department (WRD) Director. Discusses WRD overview (EXHIBIT B – EXHIBIT D).
TAPE 2, A
005			Cleary	Continues. Discusses WRD Commission operations.
108			Adam Sussman	WRD. Provides overview of water law.
150			Sen. Atkinson	Asks about the 1909 Oregon Water Code.
160			Sussman	Responds.
170			Sen. Atkinson	Asks for further clarification.
175			Cleary	Responds with information about adjudication.
198			Sussman	Follows up with explanation about the 1909 Water Code. Continues discussing water law.
218			Sen. Ringo	Asks whether water rights are the same as property rights.
220			Cleary	Responds.
234			Chair Ferrioli	Further discusses the complexities of water rights as property rights. Comments on the difficulties of water policy.
305			Sen. Atkinson	Comments on water adjudication complexities.
239			Cleary	Responds with information about other states’ water laws.
352			Sen. Atkinson	Comments on an historic water rights case.
363			Chair Ferrioli	Comments that states have supremacy over water rights.
385			Cleary	Discusses tribal water rights claims.
TAPE 1, B
005			Cleary	Continues discussing water rights.
040			Sussman	Discusses water rights permit system.
068			Sen. Atkinson	Inquires about conservation groups buying land with water rights in place.
074			Sussman	Responds and describes options.
091			Sen. Ferrioli	Comments further on water use by conservation group.
107			Sen. Atkinson	Comments on mill water rights in his district.
117			Cleary	Responds and discusses senior versus junior users of water.
138			Chair Ferrioli	Comments about confusion over instream water rights.
147			Sussman	Continues discussion of water rights.
182			Cleary	Concludes overview of water law.
212			Chair Ferrioli	Closes information meeting and adjourns meeting at 4:13 pm.

EXHIBIT SUMMARY

A – Informational Meeting, Proposed Committee Rules, staff, 3 p.

B – Informational Meeting, WRD, written testimony, Paul Cleary, 18 pp.

C – Informational Meeting, WRD, 2003 Legislative and Budget Proposals, Paul Cleary,

2pp.

D – Informational Meeting, WRD, “Water Rights in Oregon” booklet, Paul Cleary, 48 pp.