Oregon Law
Law as of Jan 1, 2026
Chapter contents
543.010Definitions for ORS 543.010 to 543.610 543.012Applicability of chapter to reauthorization of existing hydroelectric project 543.013Applicability of chapter and ORS chapter 543A to ocean renewable energy facility 543.014[2007 c.212 §2; 2009 c.405 §§1,2; repealed by 2015 c.386 §15] 543.015Policy 543.017Minimum standards for development of hydroelectric power; public interest considerations; rules 543.020[Repealed by 1961 c.224 §20] 543.030[Repealed by 1961 c.224 §20] 543.040[Repealed by 1961 c.224 §20] 543.050Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records 543.055Hearings and witnesses 543.060Investigations; access to project, maps, books and other project data 543.070[Repealed by 1975 c.581 §29] 543.075Definitions for ORS 543.075 to 543.092 543.078Annual fee for hydroelectric project 543.080Project specific fees; summary of project specific expenditures 543.082Invoice for fees; overdue fee; interest on delinquent fees 543.085Periodic review of annual fee 543.088Payment of costs or fee for reauthorization or relicensing of project 543.090Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim 543.092Amendment of hydroelectric water right or claim; rules; unilateral amendment of power claim or uncertificated claim to assess project specific fees 543.095Challenges to certain statutes related to hydroelectric projects 543.110Appropriation and use of water for power is governed by this chapter 543.120Water power projects to be in conformity with this chapter 543.130[Repealed by 1961 c.224 §20] 543.135[1961 c.100 §§2,3; repealed by 1985 c.673 §185] 543.140Projects or developments constructed by federal government excepted from law 543.150Municipal corporations and utility districts; applicability of laws; powers of commission respecting districts 543.160Hydroelectric facility on North Santiam River prohibited; exception 543.165Hydroelectric facility on part of Deschutes River prohibited 543.170Hydroelectric facility on Isqúulktpe Creek prohibited 543.175Hydroelectric facility on Deschutes River within City of Bend prohibited; exception 543.210Preliminary permits; application; contents; fee 543.220Notice of filing of application; waiting period 543.225Hearing on application; notice; policy 543.230Hearings on application; rules; protest 543.240[Repealed by 1991 c.869 §15] 543.250Permit; duration; transfer; cancellation; priority; terms and conditions; denial 543.255Determination of cumulative impacts of proposed hydroelectric power projects; consolidated review; applicability 543.257[1985 c.569 §11; 1985 c.673 §194; repealed by 2007 c.354 §1] 543.260Licenses; duration; terms and conditions; termination; denial of application; preference of municipality or utility district 543.265Testing of fish protection measures as condition for hydroelectric project permit or license; scope and cost 543.270Preference in granting permit or license; municipal use 543.280Fee payments by licensee 543.290Filing of maps, plans, estimates and other materials; incorporation as part of license; alteration; further statements and data 543.300Conditions governing license; fees; waiver of conditions 543.310Disposition of moneys collected 543.320Effect of amendment or repeal of law 543.410Construction of project; time for commencement and completion; supply of service; extension of time; nonperformance; termination of license 543.420Noncompletion of construction within prescribed time; judicial proceedings; sale of property; disposition of proceeds; rights of purchaser 543.430Proceedings after completion of project for violation of license terms; authority of court; sale of project 543.440Transfer of license, rights or property; effect 543.510[Repealed by 1995 c.229 §9] 543.520[Repealed by 1995 c.229 §9] 543.525ORS 543.530 to 543.550 not applicable to regulated utilities 543.530Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited 543.540Consideration for bonds, stocks and other securities; restrictions; corporate shares; sale price of securities; discount from face value 543.550Liens prohibited; exceptions; what may be included by mortgage, trust deed, or sale; determination of investment in case of sale of part 543.560Bond of licensee or letter of credit securing claims of suppliers; enforcement of obligation; action for sums due State Accident Insurance Fund Corporation 543.610Acquisition of project by state or municipality 543.620[Repealed by 1995 c.229 §9] 543.650Policy 543.655Definitions for ORS 543.650 to 543.685 543.660Authority of district to enlarge or modify water system and power generating facilities; joint district ventures; prohibitions; sale of energy; regulations 543.662Authority of district to develop joint project with private person; restrictions 543.664Rules relating to joint projects of districts and private persons 543.665Authority to issue revenue bonds to acquire hydroelectric facilities 543.670Manner of issuance of revenue bonds 543.675Power of eminent domain not to be exercised to acquire hydroelectric facilities 543.680Compliance with water appropriation laws required 543.685District board to require weatherization; Weatherization Fund; purpose 543.705Definitions for ORS 543.710 to 543.730 543.710Annual fee based on horsepower; exemptions; disbursement 543.720Payment of annual fee; accompanying statement; penalty for nonpayment of fees or nonfiling; lien; foreclosure; effect of filing excessive claim; computation of horsepower 543.725[1985 c.674 §9; repealed by 1991 c.869 §15] 543.730Failure to file statement or pay fees as evidence of abandonment of claim; cancellation of claim, permit and water right certificate 543.760Definition of water right 543.765Certificate to use water for hydroelectric purposes within artificial delivery system; expedited application process; certificate conditions; annual payments; fees 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] 543.990Penalties

Chapter 543 — Hydroelectric Projects

ORS 543.220 Notice of filing of application; waiting period

(1)

If an application is made for a preliminary permit, after said application has been referred to hearing, the Water Resources Commission shall give written notice of the filing of the application to:

(a)

Any municipality or other person or corporation that, in the judgment of the commission, is likely to be interested in or affected by the proposed project; and

(b)

The owner of any land that is:

(A)

Adjacent to any portion of the stream in which the quantity of water will be decreased by the project; or

(B)

Adjacent to the site of the proposed project.

(2)

The commission shall also publish notice of the application in the weekly public notice of the Water Resources Department.

(3)

No application for the appropriation or use of water for the development of 1,000 theoretical horsepower or more shall be granted until at least six months after the application for a preliminary permit has been filed.

Note: The amendments to 543.220 by section 7, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user’s convenience.

543.220. (1) If an application is made for a preliminary permit, after said application has been referred to hearing the Water Resources Commission shall give written notice of the filing of the application to:

(a)

Any municipality or other person or corporation that, in the judgment of the commission, is likely to be interested in or affected by the proposed project; and

(b)

The owner of any land that is:

(A)

Adjacent to any portion of the stream in which the quantity of water will be decreased by the project; or

(B)

Adjacent to the site of the proposed project.

(2)

The commission shall also publish notice of the application once each week for at least two successive weeks and for such further time, if any, as the commission shall determine, in a newspaper of general circulation in each county in which the project covered by the application is located.

(3)

No application for the appropriation or use of water for the development of 1,000 theoretical horsepower or more shall be granted until at least six months after the application for a preliminary permit has been filed.

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.