Oregon Statutes - Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects

• 543A.005   Definitions.
  As used in ORS 543A.005 to 543A.415: (1) “Commission” means the Water Resources Commission. (2) “Department” means the Water Resources Department. (3) “Director” means the...
• 543A.010   Findings.
  The Legislative Assembly finds that many hydroelectric projects within the state hold water rights for hydroelectric purposes for a limited time period, and that those...
• 543A.015   Purpose.
  It is the purpose of this chapter and ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 to establish a process for developing a...
• 543A.020   Policy.
  The Legislative Assembly declares that it is the policy of the State of Oregon: (1) To reauthorize the use of water by existing projects provided...
• 543A.025   Minimum standards for decision on reauthorization of water right; rules.
  (1) Following the process set forth in ORS 543A.005 to 543A.410, the Water Resources Director shall issue a water right for continued operation of an...
• 543A.030   Notice of intent.
  (1) Not later than three years before the expiration of a water right for a state project, the Water Resources Department shall notify the project...
• 543A.035   Reauthorization application and public comment.
  (1) Within 60 days after submitting a notice of intent under ORS 543A.030, the applicant shall submit to the Water Resources Department an application to...
• 543A.040   Process determination.
  (1) Within 60 days after the close of the period allowed for public comment under ORS 543A.035, the Hydroelectric Application Review Team shall determine whether...
• 543A.045   Public scoping meeting.
  (1) If the Hydroelectric Application Review Team finds additional information is necessary to complete the reauthorization process, the applicant, in conjunction with the team, shall...
• 543A.050   Application report.
  In accordance with the schedule established pursuant to ORS 543A.045, and after conducting the studies and collecting the additional information identified at the public scoping...
• 543A.055   Hydroelectric Application Review Team review of application; draft proposed final order; public comment.
  (1) The Hydroelectric Application Review Team shall review the application report prepared under ORS 543A.050 and prepare a draft proposed final order approving or denying...
• 543A.060   Coordination of state and federal reauthorization processes.
  (1) For a federally licensed project, the Water Resources Department and the Hydroelectric Application Review Team shall conduct the state reauthorization review, to the maximum...
• 543A.065   Changes to expiration date of water right for existing project.
  (1) Notwithstanding the expiration date set forth in a water right for an existing federally licensed project, upon the request of the holder of the...
• 543A.070   [1997 c.449 §14; repealed by 1999 c.873 §14 (543A.071 enacted in lieu of 543A.070)]
• 543A.071   Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes; response of holder.
  (1) Not later than six years before the expiration of any state or federal hydroelectric license or state authorized water right issued to a federally...
• 543A.075   Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes.
  (1) Each person operating an existing federally licensed project and intending to apply for reauthorization shall submit to the Water Resources Department a notice of...
• 543A.080   Submission of preliminary application information.
  Within 30 days after an applicant provides a notice of intent under ORS 543A.075, the applicant shall provide to the Water Resources Department a preliminary...
• 543A.085   Public scoping meeting.
  (1) Not less than 30 days but not more than 60 days after submitting the preliminary application information as required under ORS 543A.080, the applicant,...
• 543A.090   Mid-study status report; public meeting; period for comment on status report.
  (1) Upon completion of the first year of studies, the applicant shall prepare a mid-study status report and present the mid-study status report to all...
• 543A.095   Draft application.
  (1) Not later than one year before the applicant files a final application with the Federal Energy Regulatory Commission to reauthorize the federal license for...
• 543A.100   Final application for water right; application for water quality certification.
  Not less than two years before the expiration of the federal license for the project, the applicant shall submit the final application to reauthorize the...
• 543A.105   Hydroelectric Application Review Team review of final application; unified state position in federal proceeding.
  (1) The Hydroelectric Application Review Team shall review the applications submitted under ORS 543A.100 and prepare a second proposed unified state position, which shall include:...
• 543A.110   Water quality certification.
  (1) Upon completion of the public comment period for proposed recommendations under ORS 543A.105 (1)(d), the Department of Environmental Quality shall evaluate the request for...
• 543A.115   Final unified state position.
  (1) Upon receipt of the Department of Environmental Quality’s water quality certification decision, the Hydroelectric Application Review Team shall prepare a final unified state position....
• 543A.120   Proposed final order.
  (1) A proposed final order prepared by a Hydroelectric Application Review Team and submitted to the Water Resources Department under ORS 543A.040, 543A.055 or 543A.105...
• 543A.125   Approval or rejection of application for reauthorization.
  (1) Subject to the provisions of subsection (2) of this section and ORS 543A.130 and 543A.140, the Water Resources Department shall approve all applications for...
• 543A.130   Contested case hearing; final order.
  (1) If a contested case hearing is conducted under ORS 543A.120, the issues to be considered in the contested case hearing shall be limited to...
• 543A.135   Exceptions to final order.
  (1) Within 20 days after the Water Resources Director issues a final order under ORS 543A.130 after the conclusion of a contested case hearing, any...
• 543A.140   Terms, limitations and conditions of water right.
  (1) The Water Resources Department may issue a water right to any applicant for reauthorization of a federally licensed project whose proposed water use complies...
• 543A.145   Water right certificate.
  Any water right for the use of water for hydroelectric purposes shall: (1) Except as provided in ORS 543A.065 (2), be for a period of...
• 543A.150   Modification of time limits.
  (1) The Water Resources Department may extend the time limits set forth in ORS 543A.005 to 543A.145 and 543A.300 for a reasonable period of time...
• 543A.300   Decommissioning; rules.
  (1) If any person operating a hydroelectric project fails to advise the Water Resources Department within 60 days of the time established in ORS 543A.030...
• 543A.305   Conversion of hydroelectric water right to in-stream water right; exceptions.
  (1) As used in this section: (a) “Holder” has the meaning given that term in ORS 543.075. (b) “In-stream water right” has the meaning given...
• 543A.400   Duties of Hydroelectric Application Review Team.
  (1) The duties of a Hydroelectric Application Review Team shall be determined on the basis of the operating authority of the project that the team...
• 543A.405   Application fees.
  (1) Subject to the provisions of ORS 543A.410, any person submitting a notice of intent to seek reauthorization, a preliminary application or an application for...
• 543A.410   Fee schedule; appeal.
  (1) All expenses incurred by the Hydroelectric Application Review Team and its participating agencies that are charged to or allocated to the fee paid by...
• 543A.415   Reauthorization fee.
  (1) Except as provided in subsection (2) of this section, each holder of an existing hydroelectric license shall pay to the Water Resources Department annually...
• 543A.800   Effect of hydroelectric reauthorization process on existing rights.
  (1) Nothing in this chapter and ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 shall prejudice or alter any rights granted to the...
• 543A.805   Reference to licensee or license.
  Notwithstanding any other provision of law, any reference to a licensee or to a hydroelectric license for a hydroelectric project shall be considered a reference...
• 543A.810   Effect of amendment or repeal of law.
  Amendment or repeal of any section of ORS chapter 543A does not affect any water right or the rights of any holder of a water...

Last modified: August 7, 2008