SENATE COMMITTEE ON WATER AND LAND USE

 

April 21, 2003                                                                                                         Hearing Room D

3:00 p.m.                                                                                                                       Tapes 51 - 52

 

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 257 Public Hearing

HB 2456A Public Hearing and Work Session

HB 2475 Public Hearing and Work Session

HB 2674 Public Hearing and Work Session

 

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 51, A

005

Chair Ferrioli

Calls meeting to order at 3:15 p.m. and opens public hearing on SB 257.

SB 257 – PUBLIC HEARING

012

Sen. Kurt Schrader

District 20 State Senator. Provides testimony in support of SB 257 (EXHIBIT A). States SB 257 will allow the expedited land division process to continue in the metropolitan service district but would restore public participation and the hearing process in the rest of the state.

048

Chair Ferrioli

Asks what problems different counties are experiencing.

052

Sen. Schrader

Believes that citizen participation in discussions on land use needs improvement and elaborates. Discusses the -2 amendments dated 4/18/03 (EXHIBIT B).

082

Chair Ferrioli

Asks if the definition of “practical effect” will be litigated.

083

Sen. Schrader

Affirms.

093

Sen. Ringo

Asks if “practical effect” has legal meaning.

094

Sen. Schrader

Affirms.

097

Chair Ferrioli

Discusses potential extensions of practicality and requests the legal definition of “practical effect.” Believes the -2 amendments have merit. Asks how he arrived at the number of ten lots.

116

Sen. Schrader

Explains there appeared to be administrative benefits for smaller land use subdivisions.

123

Chair Ferrioli

Suggests that a system that reinserts the public process into the expedited land use process renders the expedited land use process moot.

125

Sen. Schrader

Reiterates it allows the expedited land use process to go forward for ten or fewer subdivision lots.

134

Chair Ferrioli

Inquires if those people who go through with ten or fewer lots would be protected from appeal.

135

Sen. Schrader

Affirms.

136

Chair Ferrioli

Summarizes issues surround SB 257. Requests Sen. Schrader submit a list of communities that expressed interest in SB 257. Closes public hearing on SB 257 and opens public hearing on HB 2456A.

HB 2456A – PUBLIC HEARING

172

Rep. Bob Jenson

District 58 State Representative. Provides testimony in support of HB 2456A. Provides background on HB 2456A.

231

Chair Ferrioli

Asks about a percentage allocation.

240

Rep. Jenson

Responds that the Water Resources Department will address the issue.

245

Chair Ferrioli

Comments that HB 2456A provides a non-monetary incentive for people to conserve water knowing they could apply for some of that conserved water.

250

Rep. Jenson

Adds that people will be able to preserve the priority date on the water right that they are conserving.

257

Adam Sussman

Water Resources Department (WRD). Provides testimony in support of HB 2456A (EXHIBIT C):

  • Makes permanent the ability of an applicant to choose the priority date of the conserved water rights
  • Makes permanent the provisions allowing consideration of projects implemented up to five years prior to the application for an allocation of conserved water
  • Substitutes “water use subject to transfer” for “certificate” and “decree” in the description of the types of rights that can be involved
  • Substitutes “conservation application” for “conservation proposal” to clarify that WRD is reviewing applications to allocate and use conserved water, not approving or denying specific conservation projects which are under the control of the applicant

346

Chair Ferrioli

Asks what percentage of conserved water can be applied for.

347

Sussman

Explains the percentage of water than can be applied for.

359

Chair Ferrioli

Comments on applications of conserved water. Asks about the removal of juniper trees, which use an estimate of 50 gallons of water per tree per day, and inquires how to determine what becomes of the water.

386

Sussman

Explains the multi-step process of allocating conserved water.

407

Chair Ferrioli

Asks about injury to junior water right holders with water waste.

TAPE 52, A

002

Sussman

Explains that WRD works to ensure there is no injury to junior water users.

014

Doug Myers

WaterWatch. States support for HB 2456A.

063

Sussman

Talks about differences between the terms “may” and “shall.”

068

Chair Ferrioli

Comments on the legal definition of “may” and “shall.” Closes public hearing and opens work session on HB 2456A.

HB 2456A – WORK SESSION

085

Sen. Atkinson

MOTION:  Moves HB 2456A to the floor with a DO PASS recommendation.

088

 

VOTE:  3-0

EXCUSED:  1 - Sen. Ringo

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

Closes work session on HB 2456A and opens public hearing on HB 2475.

HB 2475 – PUBLIC HEARING

097

Charles Stern

Oregon Association of County Clerks. Provides testimony in support of HB 2475 (EXHIBIT D). Explains that HB 2475 clarifies the process for the verification of a nomination petition or a vote at an assembly during the formation process of an irrigation district.

115

Sen. Atkinson

Asks what problem HB 2475 is attempting to address.

140

Stern

Explains the background of HB 2475.

144

Chair Ferrioli

Asks if the elections are conducted by an elections official.

147

Stern

Explains that the secretary conducts the elections.

149

Chair Ferrioli

Asks if the secretary is certified by any person or organization.

152

Stern

Responds that the responsibility for conducing elections in irrigation districts rests in the hands of the irrigation district.

160

Rep. Donna Nelson

District 24 State Representative. Provides testimony in support of HB 2475 and explains the changes HB 2475 would make to the voting process for irrigation districts.

194

Sen. Metsger

Asks why there seem to be problems with recall procedures in irrigation districts.

201

Rep. Nelson

Explains that she does not have that problem with irrigation districts.

205

Chair Ferrioli

Talks about a bill regarding recall procedures in the Rules Committee. Closes public hearing and opens work session on HB 2475.

HB 2475 – WORK SESSION

220

Sen. Atkinson

MOTION:  Moves HB 2475 to the floor with a DO PASS recommendation.

223

 

VOTE:  3-0

EXCUSED:  1 - Sen. Ringo

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

Closes work session on HB 2475 and opens public hearing on HB 2674.

HB 2674 – PUBLIC HEARING

260

Judith Callens

Committee Administrator. Provides overview of HB 2674.

273

Linda Swearingen

Department of Land Conservation and Development (DLCD). Provides testimony in support of HB 2674 (EXHIBIT E). States the population standard should be increased to 50,000 so that ranches within 10 miles of major towns such as Bend continue to be excluded but ranches within 10 miles of smaller cities such as Pendleton or Prineville are eligible for guest ranches.

342

Ronald Eber

DLCD. Provides testimony in support of HB 2674 (EXHIBIT F). States HB 2674 will allow guest ranches closer to all the cities in eastern Oregon except Bend.

370

Chair Ferrioli

Closes public hearing and opens work session on HB 2674.

HB 2674 – WORK SESSION

375

Sen. Metsger

MOTION:  Moves HB 2674 to the floor with a DO PASS recommendation.

378

 

VOTE:  3-0

EXCUSED:  1 - Sen. Ringo

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

Closes work session on HB 2674 and adjourns meeting at 4:10 p.m.

 

EXHIBIT SUMMARY

 

A – SB 257, written testimony, Sen. Kurt Schrader, 1 p.

B – SB 257, SB 257-2 amendments dated 4/18/03, staff, 7 pp.

C – HB 2456A, written testimony, Adam Sussman, 5 pp.

D – HB 2475, written testimony, Charles Stern, 1 p.

E – HB 2674, written testimony, Linda Swearingen, 3 pp.

F – HB 2674, written testimony, Ronald Eber, 1 p.