SENATE COMMITTEE ON WATER AND LAND USE

 

 

March 19, 2003                                                                                                       Hearing Room D

3:00 PM                                                                                                                       Tapes 30 – 31

 

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:           SB 310 Work Session

                                                SB 94 Public Hearing and Work Session

SB 398 Public Hearing

SB 590 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/#

Speaker

Comments

TAPE 30, A

003

Chair Ferrioli

Calls meeting to order at 3:07 p.m. and opens work session on SB 310.

SB 310 - WORK SESSION

010

Judith Callens

Committee Administrator. Provides overview of SB 310, which requires the county to take action on permits within the Columbia River Gorge National Scenic Area within specific time limitations.

015

Chair Ferrioli

Summarizes SB 310. States that Multnomah County has found no conflict between state and county statutes. Discusses the Columbia River Gorge Commission response (EXHIBIT A).

043

Sen. Metsger

MOTION:  Moves SB 310 to the floor with a DO PASS recommendation.

048

Sen. Metsger

Comments that SB 310 will encourage the state of Oregon to follow the 150 day rule.

060

Chair Ferrioli

Asks for objections to the motion.

066

Sen. Ringo

Expresses his intent to object to the motion to pass SB 310.

074

Chair Ferrioli

States that SB 310 will be unnecessary if confirmation is obtained that there is no conflict between federal and state law.

076

Sen. Atkinson

Expresses concern that the bill is redundant.

080

 

VOTE:  3-1

AYE:               3 - Atkinson, Metsger, Ferrioli

NAY:               1 - Ringo

088

Chair Ferrioli

The motion CARRIES.

SEN. FERRIOLI will lead discussion on the floor.

SB 94 – PUBLIC HEARING

090

Callens

Gives overview of SB 94, which adds criteria for determining when an application to a city for discretionary permits and zone changes is deemed complete for purposes of time limits for action by a city. Explains the -3 amendments (EXHIBIT B).

120

Chair Ferrioli

Requests comments from proponents of the bill.

150

Marge Kafoury

City of Portland. Submits -4 amendments to SB 94 and explains that the -4 amendments satisfy all involved parties (EXHIBIT C)

175

Douglas Hardy

City of Portland Bureau of Development Services. Provides testimony in support of SB 94 and -4 amendments (EXHIBIT D). Discusses the 120 day clause and -4 amendments.

280

Doug Riggs

Central Oregon Cities. Offers testimony in support of SB 94 and -4 amendments.

299

John Chandler

Oregon Building Industry Association. Offers testimony in support of SB 94 and -4 amendments.

325

Linda Ludwig

League of Oregon Cities. Gives testimony in support of SB 94 and -4 amendments.

328

Chair Ferrioli

Closes public hearing on SB 94 and opens work session on SB 94.

SB 94 – WORK SESSION

330

Sen. Ringo

MOTION:  Moves to ADOPT SB 94-4 amendments dated 3/19/03.

335

 

VOTE:  3-0

EXCUSED:  1 - Sen. Atkinson

338

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

340

Sen. Ringo

MOTION:  Moves SB 94 to the floor with a DO PASS AS AMENDED recommendation.

345

 

VOTE:  3-0

EXCUSED:  1 - Sen. Atkinson

350

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

Closes work session on SB 94 and opens public hearing on SB 398.

SB 398 – PUBLIC HEARING

362

Judith Callens

Committee Administrator. Provides overview of SB 398, which requires the state government to obtain the consent of  county governing body for certain acquisitions of lands or waters by the federal government, and -1 amendments (EXHIBIT F).

403

Glen Stonebrink

Oregon Cattlemen Association, Oregon Hay and Forage Association. Provides testimony in support of SB 398 (EXHIBIT G). Talks about the acquisition of land by the federal government and discusses the U.S. Constitution.

TAPE 31, A

005

Stonebrink

Continues testimony in support of SB 398.

050

Doug Myers

Waterwatch, Trout Unlimited. Expresses concerns on SB 398. Wonders if the bill would inadvertently and adversely affect a transfer between a willing buyer and a willing seller.

080

Chair Ferrioli

States that the bill does not preclude the acquisition of water or lands by the federal government by the state but would require the county to give consent.

093

Myers

Expresses concern about unintended consequences of SB 398.

101

Sen. Ringo

Points out that the transaction should go through between a willing buyer and a willing seller.

113

Chair Ferrioli

Comments on the issue of whether local jurisdictions have the right to be consulted throughout the process.

117

Sen. Ringo

Talks about an example in Multnomah County.

128

Chair Ferrioli

States that participation should be encouraged for discussion on environmental, social and economic conditions. Suggests that Legislative Counsel revisit the amendments. Closes public hearing on SB 398 and opens public hearing on SB 590.

SB 590 – PUBLIC HEARING

167

Callens

Provides overview of SB 590, which requires the Water Resources Commission (WRC) to initiate proceedings for the cancellation of a water right within 45 days of determination by WRC or by submission to WRC of evidence of water right forfeiture.

192

Brad Harper

Water for Life. Provides testimony in support of SB 590. Would like the cancellation proceedings to start in a timely manner and states that the fiscal impact statement is inaccurate.

208

Chair Ferrioli

Requests Water for Life provide an analysis of the fiscal impact statement to address issues regarding the cancellation of water rights.

232

Sen. Ringo

Asks about what evidence can be submitted to begin cancellation proceedings.

236

Chair Ferrioli

Requests Water for Life provide a definition of triggering mechanisms for time frames and discusses making more reasonable and certain the cancellation of water rights.

248

Callens

Mentions the subsequent referral of SB 590 to Ways and Means.

253

Chair Ferrioli

Closes public hearing on SB 590 and adjourns meeting at 3:55 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 310, written testimony, Martha Bennett, 2 pp.

B – SB 94, SB 94-3 amendments, staff, 8 pp.

C – SB 94, SB 94-4 amendments, staff, 1 pp.

D – SB 94, written testimony, Douglas Hardy, 9 pp.

E – SB 94, written testimony, Jason Heuser, 1 p.

F – SB 398, SB 398-1 amendments, staff, 1 p.

G – SB 398, written testimony, Glen Stonebrink, 3 pp.