Oregon Law
Law as of Jan 1, 2024
Chapter contents
543A.005Definitions 543A.010Findings 543A.015Purpose 543A.020Policy 543A.025Minimum standards for decision on reauthorization of water right; rules 543A.030Notice of intent 543A.035Reauthorization application and public comment 543A.040Process determination 543A.045Public scoping meeting 543A.050Application report 543A.055Hydroelectric Application Review Team review of application; draft proposed final order; public comment 543A.060Coordination of state and federal reauthorization processes 543A.065Changes to expiration date of water right for existing project 543A.070[1997 c.449 §14; repealed by 1999 c.873 §14 (543A.071 enacted in lieu of 543A.070)] 543A.071Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes; response of holder 543A.075Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes 543A.080Submission of preliminary application information 543A.085Public scoping meeting 543A.090Mid-study status report; public meeting; period for comment on status report 543A.095Draft application 543A.100Final application for water right; application for water quality certification 543A.105Hydroelectric Application Review Team review of final application; unified state position in federal proceeding 543A.110Water quality certification 543A.115Final unified state position 543A.120Proposed final order 543A.125Approval or rejection of application for reauthorization 543A.130Contested case hearing; final order 543A.135Exceptions to final order 543A.140Terms, limitations and conditions of water right 543A.145Water right certificate 543A.150Modification of time limits 543A.300Decommissioning; rules 543A.305Conversion of hydroelectric water right to in-stream water right; exceptions 543A.400Duties of Hydroelectric Application Review Team 543A.405Application fees 543A.410Fee schedule; appeal 543A.415[1997 c.449 §37; 1999 c.873 §17; 2003 c.14 §348; 2011 c.545 §61; repealed by 2021 c.516 §8] 543A.800Effect of hydroelectric reauthorization process on existing rights 543A.805Reference to licensee or license 543A.810Effect of amendment or repeal of law

Chapter 543A — Reauthorizing and Decommissioning Hydroelectric Projects

ORS 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 is responsible for reviewing.

(2)

A team responsible for reviewing a state project shall:

(a)

Make an initial determination of whether the state project may proceed under an expedited reauthorization process under ORS 543A.040 and, if so, develop a proposed final order under ORS 543A.040.

(b)

If a state project does not qualify for the expedited process under ORS 543A.040:

(A)

Convene a public scoping meeting under ORS 543A.045;

(B)

Review the application report and prepare a draft proposed final order under

ORS 543A.055;

(C)

Revise the draft proposed final order and submit the proposed final order to the Water Resources Department for further processing as set forth in ORS 543A.120 to 543A.300; and

(D)

Review protests received and recommended responses to the protests as required under ORS 543A.120.

(3)

A team responsible for reviewing a federally licensed project shall:

(a)

Represent the state in any federal proceeding to reauthorize the federal license for the project;

(b)

Participate in the state process in accordance with ORS 543A.085, 543A.090, 543A.105, 543A.110 and 543A.115;

(c)

Recommend a state response to a request for certification for reauthorization of a federally licensed project under ORS 468B.040; and

(d)

Develop a state position as required under 16 U.S.C. 803(j).

(4)

The Water Resources Department may also convene a team to:

(a)

Coordinate the activities of all state agencies involved in decommissioning a project.

(b)

Develop a unified state position for a project that is subject to federal relicensing but that operates under a water right that does not expire. The unified state position developed under this paragraph shall include the elements set forth in ORS 543A.105 except for the reauthorization of the state water right. In developing the unified state position under this paragraph the team shall participate to the fullest extent possible in all proceedings conducted pursuant to the Federal Energy Regulatory Commission relicensing process for the project.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

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.