SENATE COMMITTEE ON WATER AND LAND USE

 

April 16, 2003                                                                                                         Hearing Room D

3:00 p.m.                                                                                                                       Tapes 49 - 50

 

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 82 Public Hearing and Work Session

SB 590 Work Session

SB 293 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 49, A

003

Chair Ferrioli

Calls meeting to order at 3:10 p.m. and opens public hearing on SB 82.

SB 82 – PUBLIC HEARING

010

Judith Callens

Committee Administrator. Provides overview of SB 82 and -3 amendments dated 4/14/03 (EXHIBIT A).

038

Sen. Ken Messerle

District 5 State Senator. States support of SB 82 and -3 amendments.

054

Steve Purchase

Division of State Lands (DSL). States support for SB 82 and -3 amendments.

058

Adam Sussman

Water Resources Department (WRD). States support for SB 82 and -3 amendments (EXHIBIT B).

059

Chair Ferrioli

Closes public hearing and opens work session on SB 82.

SB 82 – WORK SESSION

060

Sen. Ringo

MOTION:  Moves to ADOPT SB 82-3 amendments dated 4/16/03.

062

 

VOTE:  4-0

064

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

065

Sen. Ringo

MOTION:  Moves SB 82 to the floor with a DO PASS AS AMENDED recommendation.

068

 

VOTE:  4-0

070

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. MESSERLE will lead discussion on the floor.

Closes work session on SB 82 and opens work session on SB 590.

SB 590 – WORK SESSION

072

Callens

Provides overview of SB 590 and -2 amendments previously submitted.


 

087

Adam Sussman

WRD. Provides testimony for SB 590 and discusses a proposed amendment that would create a trigger event for the cancellation of a water right.

142

Richard Kosesan

Water for Life. Suggests a time frame of 180 days would allow WRD enough time to initiate proceedings for the cancellation of a water right.

165

Sussman

Explains why WRD chose one year as an acceptable time frame but states WRD is willing to work on a compromise.

175

Sen. Metsger

Asks how many water right cancellation requests WRD receives per year.

179

Sussman

Replies that the number varies from year to year but could average between five and ten requests per year.

187

Chair Ferrioli

Requests new amendments with a 270 day limit and a revised fiscal statement. Closes work session on SB 590 and states the committee will stand at ease for 10 minutes.

201

Chair Ferrioli

Calls committee meeting to order at 3:40 p.m. and opens public hearing on SB 293.

SB 293 – PUBLIC HEARING

210

Chair Ferrioli

Provides overview of SB 293 (EXHIBIT C).

238

Lawrence Edwards

Marion County. Provides testimony against SB 293 (EXHIBIT D). Expresses concerns about possible long-term unintended consequences of SB 293.

339

Edwards

Continues testimony against SB 293.

350

Sen. Atkinson

Comments on the Northwest Forest Pass.

357

Chair Ferrioli

Comments that “floatability” could be substituted for “navigability” and believes that every stream and river in Oregon is floatable.

369

Edwards

Explains a possible loophole.

TAPE 50, A

015

Scott Ashcom

Oregon Agriculture Alliance. Provides testimony in support of SB 293 (EXHIBIT E). Believes that SB 293 preserves private property rights by creating a rational process to study conflicts between recreational users of waterways and private landowners who have deed and title to the banks of the waterways. Discusses a proposed amendment.

091

Greg Leo

Sandy River Property Owners. Provides testimony in support of SB 293 (EXHIBIT F). Requests three amendments to SB 293.

176

Sen. Ringo

Asks if the legal theories were questionable with regards to the navigability issue.

180

Leo

Affirms and elaborates.

198

Beverly Jones

Sandy River Property Owners. Provides testimony in support of SB 293. Agrees with Mr. Leo’s testimony and states the issue is about management.

212

Sen. Metsger

Commends Jones for her hard work on the issue.


 

220

Inga Deckert

Oregon State Treasury. Provides information on the results of the work group. Explains the four year pilot project chosen for the John Day River.

260

Sen. Metsger

Asks for clarification on why the John Day River was chosen for the pilot program.

268

Deckert

Explains that presentations were made to property owners along five rivers and the John Day River landowners were most interested because a navigability study was imminent.

296

Sen. Metsger

Wonders if landowners on other rivers are avoiding the issue.

301

Deckert

Affirms. Continues explaining the pilot project, which will focus on management. Discusses amendments which are generally acceptable to the work group.

350

John Lilly

Division of State Lands. Provides testimony in support of SB 293 and discusses the proposal section by section.

TAPE 49, B

020

Lilly

Continues testimony in support of SB 293 and discusses key provisions in the work group’s proposal.

085

Sen. Metsger

Inquires about including the Sandy River in the pilot program.

090

Lilly

Replies the Land Board’s position on the Sandy River is unclear.

098

Chair Ferrioli

States that any river could be added to the recreation management plan under SB 293.

115

Deckert

Explains the focus of the work group.

123

Chair Ferrioli

Inquires about the work group’s discussion about the provision that a person does not need to be accompanied by or in possession of a boat for recreational purposes.

145

Lilly

Explains different viewpoints on the uses of rivers and riverbanks..

160

Chair Ferrioli

Comments that there is no funding mechanism to implement the plan.

163

Deckert

Talks about revenue options.

170

Chair Ferrioli

States the needs for a fiscal analysis on the implementation of the management plan.

179

Lilly

Explains the work group’s discussions about funding mechanisms.

197

Chair Ferrioli

Comments that there are costs associated with maintaining public waterways.

225

Phil Donovan

Northwest Steelheaders. States that Northwest Steelheaders disagrees with portions of SB 293 but wants to ensure the public right of access. Talks about available funding mechanisms.

310

Jean Wilkinson

Oregon Farm Bureau. Discusses the Oregon Farm Bureau’s concessions to the work group.

397

Chair Ferrioli

Requests amendments from interested parties and summarizes issues surrounding SB 293.


 

TAPE 50, B

005

Chair Ferrioli

Continues summary of SB 293. Closes public hearing on SB 293 and adjourns meeting at 4:52 p.m.

 

EXHIBIT SUMMARY

 

A – SB 82, SB 82-3 amendments dated 4/14/03, staff, 2 pp.

B – SB 82, written testimony, Adam Sussman, 2 pp.

C – SB 293, SB 293-1 amendments dated 4/14/03, staff, 1 pp.

D – SB 293, written testimony, Lawrence Edwards, 3 pp.

E – SB 293, written testimony, Scott Ashcom, 1 p.

F – SB 293, written testimony, Greg Leo, 1 p.