Oregon Statutes - Chapter 543 - Hydroelectric Projects

543.010 Definitions for ORS 543.010 to 543.610.
As used in ORS 543.010 to 543.610: (1) �Actual original cost� includes the sum paid to the state at the time the application was made...
543.012 Applicability of chapter to reauthorization of existing hydroelectric project.
(1) Except for the provisions of ORS 543.300, 543.310, 543.430, 543.440, 543.610, 543.650 to 543.685, 543.710, 543.720, 543.730 and 543.990, nothing in this chapter shall...
543.014 Exemption for wave energy project; conditions.
A wave energy project is exempt from regulation under this chapter, except as provided in ORS 543.050 (3), 543.055 and 543.060 if: (1) The project...
543.015 Policy.
The Legislative Assembly declares that it is the policy of the State of Oregon: (1) To protect the natural resources of this state from possible...
543.017 Minimum standards for development of hydroelectric power; public interest considerations; rules.
(1) In order to carry out the policy set forth in ORS 543.015, the following minimum standards shall apply to any action of the Water...
543.020 [Repealed by 1961 c.224 §20]
543.030 [Repealed by 1961 c.224 §20]
543.040 [Repealed by 1961 c.224 §20]
543.050 Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records.
The Water Resources Commission may: (1) Issue preliminary permits, as provided in ORS 543.210 to 543.250, to any person qualified to become a licensee. (2)...
543.055 Hearings and witnesses.
(1) The Water Resources Commission may hold hearings and take testimony orally, by deposition or in such other form as the commission considers satisfactory, either...
543.060 Investigations; access to project, maps, books and other project data.
The Water Resources Commission, the Water Resources Director or any employee of the Water Resources Department, at all reasonable times, shall have free access to...
543.070 [Repealed by 1975 c.581 §29]
543.075 Definitions for ORS 543.075 to 543.092.
As used in ORS 543.075 to 543.092: (1) �1998 dollar� means a dollar amount that when adjusted for inflation or deflation equals the value of...
543.078 Annual fee for hydroelectric project.
(1) On or before January 1 of each year, each holder shall pay to the State of Oregon an annual fee for each hydroelectric project...
543.080 Project specific fees; summary of project specific expenditures.
(1) In addition to the annual fee set forth in ORS 543.078, a holder may be required to pay project specific fees. (2) Project specific...
543.082 Invoice for fees; overdue fee; interest on delinquent fees.
(1) At least 45 days before the fees required under ORS 543.078 or 543.080 become due, the Water Resources Department shall issue invoices to the...
543.085 Periodic review of annual fee.
(1) The Water Resources Director shall appoint a review panel to review the amount of the annual fee established under ORS 543.078 in 2003 and...
543.088 Payment of costs or fee for reauthorization or relicensing of project.
(1) Notwithstanding ORS 543A.405 and 543A.410, during each year of the interim period established in subsection (2) of this section, any licensee or water right...
543.090 Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim.
(1) Any project operating under a hydroelectric license issued by the Federal Energy Regulatory Commission and concurrently operating under the authority of a power claim...
543.092 Amendment of hydroelectric water right or claim; rules; unilateral amendment of power claim or uncertificated claim to assess project specific fees.
(1) Upon the request of the holder and the approval of the Water Resources Department, a hydroelectric water right or claim may be amended. (2)...
543.095 Challenges to certain statutes related to hydroelectric projects.
(1) As used in this section, �person� has the meaning given that term in ORS 174.100. (2) No person shall be estopped or precluded from...
543.110 Appropriation and use of water for power is governed by this chapter.
After February 26, 1931, no right to appropriate or to use the waters of the lakes, rivers, streams or other bodies of water within this...
543.120 Water power projects to be in conformity with this chapter.
After February 26, 1931, no water power project involving the use of the waters of lakes, rivers, streams or other bodies of water within this...
543.130 [Repealed by 1961 c.224 §20]
543.135 [1961 c.100 §§2,3; repealed by 1985 c.673 §185]
543.140 Projects or developments constructed by federal government excepted from law.
The provisions of ORS 543.010 to 543.610 shall not apply to any water power project or development constructed by the United States.
543.150 Municipal corporations and utility districts; applicability of laws; powers of commission respecting districts.
The provisions of ORS 543.010, 543.050, 543.210, 543.220, 543.250, 543.260 and 543.290 to 543.610 shall not apply to cities, towns or other municipal corporations of...
543.160 Hydroelectric facility on North Santiam River prohibited; exception.
(1) No person shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of...
543.165 Hydroelectric facility on part of Deschutes River prohibited.
No person, state agency, local government, district or municipal corporation shall construct, and no officer or agency of the state shall issue any permit for...
543.170 Hydroelectric facility on Squaw Creek prohibited.
No person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any...
543.175 Hydroelectric facility on Deschutes River within City of Bend prohibited; exception.
(1) Except as provided in subsection (2) of this section, no person, state agency, local government, district or municipal corporation shall construct or maintain, and...
543.210 Preliminary permits; application; contents; fee.
(1) Any person who proposes to operate a hydroelectric project in Oregon shall apply for a state preliminary permit. Any person who applies to the...
543.220 Notice of filing of application; waiting period.
(1) Whenever an application is made for a preliminary permit and after said application has been referred to hearing, the Water Resources Commission shall give...
543.225 Hearing on application; notice; policy.
(1) The Water Resources Commission shall conduct a public hearing on any application or amended application for a preliminary permit or for a license for...
543.230 Hearings on application; rules; protest.
(1) The Water Resources Commission shall, by order or rule, provide for the time and manner of hearings upon applications. However, upon request by any...
543.240 [Repealed by 1991 c.869 §15]
543.250 Permit; duration; transfer; cancellation; priority; terms and conditions; denial.
A preliminary permit may be issued for a period not exceeding a total of three years. It shall not be transferable except upon written approval...
543.255 Determination of cumulative impacts of proposed hydroelectric power projects; consolidated review; applicability.
(1) Whenever the Water Resources Department receives an application to appropriate water for a new hydroelectric project under ORS 537.140 to 537.320 or for a...
543.257 [1985 c.569 §11; 1985 c.673 §194; repealed by 2007 c.354 §1]
543.260 Licenses; duration; terms and conditions; termination; denial of application; preference of municipality or utility district.
(1) A license may be issued by the Water Resources Commission to any qualified person for a period not exceeding 50 years. If the project...
543.265 Testing of fish protection measures as condition for hydroelectric project permit or license; scope and cost.
The Water Resources Department shall impose as a condition to any water right permit to appropriate water for hydroelectric purposes granted under ORS 537.211 or...
543.270 Preference in granting permit or license; municipal use.
In issuing preliminary permits, and in issuing licenses where no preliminary permit is held by an applicant for a license, preference shall be given to...
543.280 Fee payments by licensee.
(1) Any person who applies to the Federal Energy Regulatory Commission for a preliminary permit to operate a hydroelectric project shall, at the same time,...
543.290 Filing of maps, plans, estimates and other materials; incorporation as part of license; alteration; further statements and data.
The applicant for a license shall submit to and file with the Water Resources Commission: (1) All maps, plans, specifications and cost estimates as may...
543.300 Conditions governing license; fees; waiver of conditions.
Any license issued under ORS 543.010 to 543.610 shall take into consideration, and shall be on, the following conditions: (1) That the proposed project shall...
543.310 Disposition of moneys collected.
Except as provided in ORS 536.015, all moneys collected under the provisions of ORS 543.010 to 543.610 shall forthwith be paid to the State Treasurer...
543.320 Effect of amendment or repeal of law.
The right to alter, amend or repeal ORS 543.010 to 543.610, or any part thereof, hereby is expressly reserved; but no such alteration, amendment or...
543.410 Construction of project; time for commencement and completion; supply of service; extension of time; nonperformance; termination of license.
(1) The licensee shall commence the construction of the project works within the time fixed in the license, which shall not be more than two...
543.420 Noncompletion of construction within prescribed time; judicial proceedings; sale of property; disposition of proceeds; rights of purchaser.
If construction of a project under license has been begun but has not been completed within the time prescribed in the license or in any...
543.430 Proceedings after completion of project for violation of license terms; authority of court; sale of project.
The Attorney General shall, upon request of the Water Resources Commission, institute proceedings in the circuit court for the county in which any project, or...
543.440 Transfer of license, rights or property; effect.
No voluntary transfer of any license or any rights under a license or of any property acquired, constructed or operated pursuant to license issued under...
543.510 [Repealed by 1995 c.229 §9]
543.520 [Repealed by 1995 c.229 §9]
543.525 ORS 543.530 to 543.550 not applicable to regulated utilities.
The provisions of ORS 543.530 to 543.550 shall not apply to any licensee which is a utility as defined in ORS 757.005 and regulated by...
543.530 Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited.
(1) No licensee shall issue any share of corporate stock, or any bond, or other evidence of interest in or indebtedness of the licensee, or...
543.540 Consideration for bonds, stocks and other securities; restrictions; corporate shares; sale price of securities; discount from face value.
No bonds, notes or other obligations or securities or corporate stock shall be issued in connection with the financing, construction or acquisition of any project...
543.550 Liens prohibited; exceptions; what may be included by mortgage, trust deed, or sale; determination of investment in case of sale of part.
No lien for labor, services, materials, machinery or equipment shall exist or be acquired or enforced upon any property acquired, constructed or made a part...
543.560 Bond of licensee or letter of credit securing claims of suppliers; enforcement of obligation; action for sums due State Accident Insurance Fund Corporation.
Before entering upon the work of construction or acquisition of any project, the licensee shall execute to the state a bond, with good and sufficient...
543.610 Acquisition of project by state or municipality.
(1) Upon not less than two years� notice in writing the state, or any municipality thereof, shall have the right at any time to take...
543.620 [Repealed by 1995 c.229 §9]
543.650 Policy.
The Legislative Assembly finds that a significant potential exists for the development of the hydroelectric generation capabilities of water systems serving domestic water supply districts,...
543.655 Definitions for ORS 543.650 to 543.685.
As used in ORS 543.650 to 543.685, unless the context requires otherwise: (1) �District� means any one of the following: (a) A domestic water supply...
543.660 Authority of district to enlarge or modify water system and power generating facilities; joint district ventures; prohibitions; sale of energy; regulations.
(1) A district, alone or jointly with other districts, electric cooperatives, as defined in ORS 261.010, people�s utility districts, a cooperative as defined in ORS...
543.662 Authority of district to develop joint project with private person; restrictions.
A district may contract with a private person to enlarge or modify the district�s water system for the purpose of generating hydroelectric power. The district...
543.664 Rules relating to joint projects of districts and private persons.
The Water Resources Commission shall establish rules necessary to carry out the provisions of ORS 543.662. The rules shall include the amount of control over...
543.665 Authority to issue revenue bonds to acquire hydroelectric facilities.
(1) In addition to any other authority under its principal Act to issue bonds, a district, when authorized at any properly called election, shall have...
543.670 Manner of issuance of revenue bonds.
All revenue bonds issued under ORS 543.665 shall be issued as prescribed in ORS chapter 287A, but the requirements of ORS 287A.150 do not apply....
543.675 Power of eminent domain not to be exercised to acquire hydroelectric facilities.
Notwithstanding any powers of eminent domain and condemnation given to a district under its principal Act, a district shall not exercise any power of condemnation...
543.680 Compliance with water appropriation laws required.
A district shall comply with all applicable provisions of ORS chapter 537 before enlarging or modifying the district�s water system for the purpose of generating...
543.685 District board to require weatherization; Weatherization Fund; purpose.
(1) If the board of directors of a district has not adopted an ordinance, resolution or administrative rule requiring the weatherization of the buildings of...
543.705 Definitions for ORS 543.710 to 543.730.
As used in ORS 543.710 to 543.730, �claimant� means any person claiming the right to the use of water for power development. [1957 c.333 §1]
543.710 Annual fee based on horsepower; exemptions; disbursement.
Every claimant other than a licensee under ORS 543.010 to 543.610 shall on or before January 1 of each year pay to the state in...
543.720 Payment of annual fee; accompanying statement; penalty for nonpayment of fees or nonfiling; lien; foreclosure; effect of filing excessive claim; computation of horsepower.
(1) The fees provided for in ORS 543.710 shall be paid to the Water Resources Commission in advance, and shall be accompanied by a written...
543.725 [1985 c.674 §9; repealed by 1991 c.869 §15]
543.730 Failure to file statement or pay fees as evidence of abandonment of claim; cancellation of claim, permit and water right certificate.
(1) Failure of any claimant for a period of five successive years ending after August 20, 1957, to file the written statement showing the extent...
543.760 Definition of water right.
As used in ORS 543.765, �water right� means a water use established by an adjudication under ORS chapter 539 as evidenced by a court decree...
543.765 Certificate to use water for hydroelectric purposes; expedited application process; fees.
(1) Notwithstanding ORS 537.145 and ORS chapter 543, the holder of a water right may apply to the Water Resources Department for a certificate to...
543.810 [Repealed by 2001 c.369 §9]
543.820 [Amended by 1985 c.565 §83; 2001 c.104 §230; repealed by 2001 c.369 §9]
543.830 [Repealed by 2001 c.369 §9]
543.990 Penalties.
(1) Violation of ORS 543.530 (3) is punishable, upon conviction, by a fine of not more than $5,000, or by imprisonment for not more than...

Last modified: August 7, 2008