SENATE COMMITTEE ON WATER AND LAND USE

 

January 27, 2003                                                                                                     Hearing Room D

3:00 p.m.                                                                                                                          Tapes  3 - 5

 

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:           Informational Meeting

    Division of State Lands overview

    Department of Land Conservation and Development overview

    Oregonians in Action Land Use comments

 

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 3, A

005

Chair Ferrioli

Calls meeting to order at 3:10 pm. Opens informational meeting.

INFORMATIONAL MEETING

010

Ann Hanus

Director of Division of State Lands (DSL). Presents overview of DSL (EXHIBIT A). States that the purpose of DSL is to manage Common School Fund assets and provides an overview of the Common School Fund.

042

Hanus

Continues discussion of DSL organization. Land management activities include:

  • Submerged and submersible waterways leases
  • Timber harvests in the Elliott State Forest
  • Communication site leasing
  • Fiber optic cables from international areas
  • Gravel mining royalties, mineral gas exploration and grazing.

Discusses overview of DSL land management and finances. Indicates that DSL contracts with the Oregon Department of Forestry to manage the Elliott State Forest and is currently involved in revising their management plan.

090

 

Sen. Ringo

Inquires why DSL manages Elliott State Forest and not other state forests.

099

Hanus

Explains that the Elliott is held in trust for the Common School Fund, while other state forests are held in trust to benefits counties.

110

Chair Ferrioli

Comments on history of Common School Fund and the creation of the Elliott State Forest.

120

Sen. Ringo

Clarifies explanation of Common School Fund.

121

Hanus

Elaborates on land management plan for the Common School Fund.

122

132

Sen. Metsger

Clarifies that the federal government gave states rights to certain properties but can trade those rights for other properties.

149

Sen. Ringo

Inquires about DSL rangeland leases.

151

Hanus

Responds.

160

Chair Ferrioli

Asks whether rangelands are leased for fair market value.

163

Steve Purchase

DSL Assistant Director. Replies and submits written materials (EXHIBIT B).

198

Chair Ferrioli

Comments on rangelands leasing issue.

200

Sen. Ringo

Questions the amount the state received for range leases.

202

Purchase

Responds.

212

Hanus

Explains DSL Removal-Fill Program. Refers to the Columbia County Rock Creek removal-fill project and the irrigation diversion on North Fork of Butte Creek near Eagle Point.

235

Chair Ferrioli

Asks about situations that are exempt from removal and fill permits.

243

Purchase

Clarifies situations where removal and fill permits are not necessary. 

273

Chair Ferrioli

Asks for explanation of a “push up dam.”

276

Purchase

Explains that a push up dam is created by using pushing up the ground to create a diversion that would direct water into a stockpiling area. Describes permit-exempt situations for removal and fill permitting.

305

Chair Ferrioli

Comments that permit exempt situations are confusing and questions the minimum amount of removal or fill necessary for requiring a permit.

319

Purchase

Responds.

328

Chair Ferrioli

Suggests that the DSL permitting brochure might be made more clear.

339

Purchase

Acknowledges that the information needs clarification.

355

Chair Ferrioli

Refers to SB 219, which intends to help clarify those issues.

362

Purchase

Responds.

366

Sen. Atkinson

Reiterates the confusion with the amount of removal or fill allowed without a permit. Asks for comments on SB 172 (01) and what administrative rules have been put in place since last session.

396

Purchase

Responds.

427

Hanus

States that SB 219 allows DSL to move forward and assume Section 404 of the Federal Clean Water Act in order to streamline the removal fill permitting process.

435

Chair Ferrioli

Reiterates that DSL should clarify permitting to help move forward with Section 404.

455

Hanus

Responds.


 

TAPE 4, B (Tapes recorded out of order, numbers are correct)

003

John Lily

DSL Assistant Director. Discusses the implementation of SB 172 and DSL’s policy for improving certainty, consistency, conservation and service.

060

Lily

Continues.

082

Hanus

Remarks that public workshops were held with other states that had Section 404. Continues DSL overview with discussion of Industrial Lands Wetlands Project.

100

Chair Ferrioli

Asks if there is an element of mitigation banking in the project.

103

Hanus

Responds. Continues discussion of Wetlands Project.

110

Chair Ferrioli

Requests clarification of permitting issues surrounding isolated and unconnected wetlands.

112

Hanus

Responds.

126

Sen. Ringo

Requests clarification on definition of isolated wetland.

129

Hanus

States that it is not connected to a waterway.

140

Lily

Provides detailed explanation of DSL policies for isolated wetlands.

182

Hanus

Continues DSL overview:

·         Common School Fund

·         DSL legislation (EXHIBIT C)

·         Current agency issues (EXHIBIT D)

282

Hanus

Continues discussion of removal-fill permit concerns.

347

Sen. Metsger

Questions state ownership of submerged lands.

360

Purchase

Responds that they are statutory lands and discusses DSL submerged lands policies.

TAPE 3, B

005

Sen. Metsger

Asks if the state has the right to sell submerged lands in some cases.

110

Purchase

Explains that submersible lands are the areas between high and low waters. States that he believes the state could transfer those lands subject to public trust authorities, but the issue needs more legal analysis.

018

Chair Ferrioli

Asks for the citation with a phrase that states that waterways are to remain forever free.

020

Purchase

Refers to an Oregon Admissions Act requirement.

026

Chair Ferrioli

Inquires about the meaning of that requirement.

027

Purchase

Responds.

030

Chair Ferrioli

Brings up the issue of why the state would charge a fee for the utilization of some of waterways if waterways are supposed to be free highways.

035

Sen. Metsger

Asks about the state’s rights for asserting cleanup of lands they own when contaminated by private citizens.

049

Purchase

States that state lessees must pay for hazardous waste damage and elaborates on DSL policies.

080

Sen. Metsger

Asks if that requirement would apply to a situation that happened sometime in the past.

082

Purchase

Responds.

090

Bob Rindy

Department of Land Conservation and Development (DLCD) Policy Coordinator. Provides DLCD overview and discusses legislative concerns.

150

Rindy

Continues discussing DLCD legislative concerns (EXHIBIT E).

200

Rindy

Discusses how local governments can make sure there is a sufficient supply of land for commercial and industrial development.

250

Rindy

Brings up periodic review issues.

320

Rindy

Suggests starting a process of reengagement for Oregonians in the land use program.

331

Chair Ferrioli

Requests clarification about what agencies were connected by the Governor’s Executive Order 98-10.

340

Rindy

Offers a brief overview on implementation of Executive Order 98-10.

389

Chair Ferrioli

Inquires whether the Community Solutions Team concept is still viable.

392

Rindy

Responds.

TAPE 5, A

005

Chair Ferrioli

Asks if agency land use programs distort local markets.

027

Rindy

Responds that DLCD has not benchmarked that issue and relates examples of other studies.

040

Chair Ferrioli

Suggests that the issue is availability, not suitability, of lands in urban growth boundary.

050

Rindy

Responds.

070

Chair Ferrioli

States that he looks forward to continuing discussions on water and land use issues.

080

Ross Day

Oregonians in Action Land Use (OALU) Director of Legal Affairs. Provides comments on OALU.

130

Day

Continues discussion of increasing equity and efficiency in land use policies and processes.

180

Sen. Ringo

Asks if OALU would make the financial contributors list public.

195

Day

Responds that their financial contributor list is as public as any other non-profit organization.

227

Sen. Ringo

Remarks on urban sprawl and invites OALU to present specific solutions to land use problems at future meetings.

237

Day

Suggests restoring local control as a possible solution.

260

Ferrioli

Closes informational meeting. Adjourns the meeting at 4:50 p.m.

 

 


EXHIBIT SUMMARY

 

A – Informational Meeting, DSL, written testimony, Ann Hanus, 10 pp.

B – Informational Meeting, DSL, permit brochure, Steve Purchase, 2 pp.

C – Informational Meeting, DSL, legislative proposal, Ann Hanus, 1 pp.

D – Informational Meeting, DSL, agency contacts, Ann Hanus, 1 pp.

E – Informational Meeting, DLCD, written report, Bob Rindy, 95 pp.