Oregon Statutes - Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects - Section 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 not more than 50 years;

(2) If for a federally licensed project, be for the period established in the new Federal Energy Regulatory Commission license;

(3) For the quantity of water authorized for use under the expiring water right for the project, retain the same priority date as the expiring water right for the project. For enlargement of the water right beyond the amount of water authorized in the expiring water right, the priority date for the additional amount shall be the date of filing a reauthorization application under ORS 543A.035, or a notice of intent under ORS 543A.075, whichever is applicable;

(4) If for a federally licensed project, include a provision allowing the Water Resources Department to amend conditions or limitations on the water right after the Federal Energy Regulatory Commission issues the federal license for the project; and

(5) Include conditions allowing the department to reopen the certificate on a clear showing of a significant threat to the public health or safety or the environment that was not identified and addressed during the most recent project authorization proceeding, and that requires modification of the certificate. [1997 c.449 §29]

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Last modified: August 7, 2008