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.