Usa Oregon

USA Statutes : oregon
Title : TITLE 44 FORESTRY AND FOREST PRODUCTS
Chapter : Chapter 543A Reauthorizing and Decommissioning Hydroelectric Projects
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 Water Resources Director.

(4) “Federally licensed project” means an existing project licensed
under ORS 543.260 that is also licensed by and has been or will be
reviewed by the Federal Energy Regulatory Commission under the Federal
Power Act, as amended.

(5) “Project” has the meaning given in ORS 543.010.

(6) “State project” means an existing project for which the
authority to operate is a time-limited water right for the use of water
for hydroelectric purposes and that is not licensed by the Federal Energy
Regulatory Commission. “State project” includes a project granted an
exemption by the Federal Energy Regulatory Commission.

(7) “Team” means a Hydroelectric Application Review Team
established pursuant to ORS 543A.035, 543A.075 or 543A.300.

(8) “Water right” includes the use of water for hydroelectric
purposes pursuant to a license issued under ORS 543.260. [1997 c.449 §1] 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 water
rights will expire. State law does not currently prescribe a means for
reauthorizing the use of water for hydroelectric purposes. Therefore, the
Sixty-eighth Legislative Assembly created a hydroelectric task force to
recommend a process and standards for a coordinated state review of
existing facilities. The hydroelectric task force was composed of
representatives of interested state agencies, investor-owned utilities,
publicly owned utilities, municipalities, environmental organizations,
agricultural organizations and nonutility owners of hydroelectric
projects. In its report to the Sixty-ninth Legislative Assembly, the
hydroelectric task force included legislative recommendations that served
as the foundation for the provisions of this chapter and ORS 468.065,
468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710.
[1997 c.449 §2] 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 coordinated state
position to be reflected in governmental proceedings related to the
reauthorization of existing hydroelectric facilities. The coordinated
state position shall be reflected in state decisions, including but not
limited to decisions relating to the allocation of water, certification
of water quality and other state regulatory actions, as well as in state
comments on federal actions, including relicensing by the Federal Energy
Regulatory Commission. [1997 c.449 §3] 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
that such projects meet the standards established in ORS 543A.025, are
consistent with other applicable state laws and will not impair or be
detrimental to the public interest.

(2) To recognize that existing projects have resulted in both
benefits and costs to society, and that the opportunity exists on
reauthorization to promote the public benefits while minimizing the
public costs.

(3) To maintain or enhance the natural resources of the state and
to protect the natural resources of the state from adverse impacts caused
by the continued existence of a project.

(4) To protect the health and safety of the residents of the state.

(5) To require the Water Resources Department and other affected
state agencies to conduct a coordinated review of projects seeking
reauthorization in order to develop a unified state position in any
local, state or federal proceedings related to the reauthorization of
hydroelectric projects. [1997 c.449 §4](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 existing hydroelectric project upon a finding that the
proposed use will not impair or be detrimental to the public interest,
considering:

(a) Conserving the highest use of the water for all purposes,
including irrigation, domestic use, municipal water supply, power
development, public recreation, protection of commercial and game fishing
and wildlife, fire protection, mining, industrial purposes, navigation,
scenic attraction or any other beneficial use to which the water may be
applied for which it may have a special value to the public.

(b) The maximum economic development of the waters involved.

(c) The control of the waters of this state for all beneficial
purposes, including drainage, sanitation and flood control.

(d) The amount of waters available for appropriation for beneficial
use.

(e) The prevention of wasteful, uneconomic, impracticable or
unreasonable use of the waters involved.

(f) All vested and inchoate rights to the waters of this state or
to the use of the waters of this state, and the means necessary to
protect such rights.

(g) The state water resources policy formulated under ORS 536.295
to 536.350 and 537.505 to 537.534.

(2) In determining whether the proposed use will impair or be
detrimental to the public interest, the following minimum standards shall
apply:

(a) For impacts to fish and wildlife resources attributable to the
project, the Water Resources Department shall require:

(A) Mitigation for:

(i) Adverse impacts that occur due to new construction or
operational changes to the project; and

(ii) Ongoing adverse impacts existing at the time of
reauthorization; and

(B) Appropriate measures to promote restoration and rehabilitation
of fish and wildlife resources to support goals expressed in statute or
in standards, plans, guidelines and policies adopted by rule by the State
Fish and Wildlife Commission.

(b) All conditions included in a water right certificate issued to
reauthorize the use of water for hydroelectric purposes shall be
consistent with any plan adopted by the Pacific Northwest Electric Power
and Conservation Planning Council for the protection, mitigation and
enhancement of the fish and wildlife resources of the region.

(c) The project shall comply with water quality standards adopted
by the Environmental Quality Commission.

(d) The project shall not endanger the public health and safety.
The project shall be operated in a manner that provides practical
protection from vulnerability to seismic and geologic hazards.

(e) Wetland resources shall be protected, maintained or enhanced.
The Water Resources Department shall impose conditions on reauthorization
consistent with this paragraph after considering impacts to wetland
resources associated with the project, including wetlands lost or created
by construction and operation of the project, and mitigation proposed by
the applicant. Reauthorization that results in a net loss to existing
wetland resources shall not be approved.

(f) Other resources in the project vicinity including recreational
opportunities, scenic and aesthetic values, historic, cultural and
archaeological sites, and botanical resources shall be protected,
maintained or enhanced. The department shall impose conditions on
reauthorization consistent with this paragraph after considering impacts
to such resources associated with the project, including resources lost
or created by construction and operation of the project, and mitigation
proposed by the applicant. If the project results in a net loss to
existing resources, reauthorization shall not be approved.

(3) In determining the mitigation, restoration and rehabilitation
measures required under subsection (2) of this section, the Water
Resources Department shall consider historic impacts, ongoing impacts and
projected future impacts of the project and the existence and success of
past mitigation measures associated with the project. Required
mitigation, restoration and rehabilitation may include measures to
restore or replace the benefits of historic resource conditions in order
to meet resource goals contained in standards, plans, guidelines and
policies adopted by rule by the State Fish and Wildlife Commission and in
rules adopted by other state agencies with regulatory or advisory
responsibility for the project.

(4) The Water Resources Commission shall adopt all rules necessary
to carry out the policy set forth in ORS 543A.020 and to implement the
minimum standards set forth in subsection (2) of this section. In the
absence of implementing rules, the department may act on applications for
reauthorization of a project subject to the standards set forth in this
section.

(5) As used in this section, “mitigation” means addressing the
adverse effects of a project proposed for reauthorization by considering,
in the following order of priority:

(a) Avoiding the impact altogether by not taking a certain
development action or parts of that action;

(b) Minimizing impacts by limiting the degree or magnitude of the
development action and its implementation;

(c) Rectifying the impact by repairing or rehabilitating the
affected environment;

(d) Reducing or eliminating the impact over time by preservation or
maintenance operations during the life of the development action by
monitoring and taking appropriate corrective measures; and

(e) Compensating for the impact by replacing or providing
comparable substitute resources or environments. [1997 c.449 §5]WATER RIGHT APPLICATION PROCESS FOR REAUTHORIZING A STATE PROJECT (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 owner of the expiration of the water
right and request that the owner advise the department whether the owner
intends to seek reauthorization of the water right for the state project.

(2) If the owner does not intend to seek reauthorization, the owner
shall, within 90 days after receiving notice under subsection (1) of this
section, inform the department of the disposition of the state project.

(3) If the owner intends to seek reauthorization, the owner shall,
within 90 days after receiving notice under subsection (1) of this
section, submit to the department a notice of intent to file an
application for reauthorization of the water right. The notice of intent
shall:

(a) Include a statement of the applicant’s intent to continue
operation of the state project; and

(b) Describe the state project, including but not limited to the
location and capacity of the state project and the identification of
affected Indian tribes and local government entities.

(4) The department shall cause public notice to be given upon
receipt of a notice of intent. The public notice shall include the date
of expiration of the water right and a description of the state project.

(5) Only the project owner may apply to reauthorize the water right
for a state project. [1997 c.449 §6] (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 reauthorize the water right for the state project on a form prescribed
by the department.

(2) The reauthorization application for a water right for the use
of water for hydroelectric purposes shall set forth:

(a) The name and post-office address of the applicant;

(b) The location of the project by county and stream and, when
appropriate, by city or nearby city;

(c) The amount of water in cubic feet per second;

(d) The theoretical water horsepower; and

(e) Any other information required in the application form.

(3) Upon receipt of a reauthorization application for the use of
water for hydroelectric purposes, the Water Resources Department shall
convene the Hydroelectric Application Review Team for the state project.
The team shall consist of representatives of the Water Resources
Department, the Department of Environmental Quality and the State
Department of Fish and Wildlife and may include a representative of any
other state agency that has regulatory or advisory responsibility for the
state project or a resource or hazard affected by the state project.

(4) Within seven days after receiving a reauthorization application
under subsection (3) of this section, the department shall notify any
person who responded to the notice of intent and give public notice of
the application in the weekly notice published by the department. The
notice shall include a request for comments on the application and
information pertaining to how an interested person may obtain future
notices about the application and participate in the reauthorization
process.

(5) Within 45 days after the public notice under subsection (4) of
this section, any person interested in the application shall request
future notices about the state project and may submit written comments to
the department. [1997 c.449 §7] (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 the
reauthorization application for the water right contains sufficient
information to determine whether reauthorization of the state project
will comply with ORS 543A.025.

(2) If the team decides that sufficient information is available to
determine whether reauthorization of the water right for the state
project will comply with ORS 543A.025, the team shall proceed with
expedited processing of the reauthorization application. The team shall
review the application and any public comments received on the
application and prepare a draft proposed final order, including findings
of fact and conclusions of law, for the water right. Upon completion of
the draft proposed final order, the team shall give public notice of the
draft proposed final order in the weekly notice published by the Water
Resources Department. The notice shall include a request for comments on
the draft proposed final order.

(3) Within 60 days after the public notice under subsection (2) of
this section, any person interested in the draft proposed final order
shall submit written comments to the team. A person who submits written
comments under this subsection shall identify the provision of the draft
proposed final order in question and specify why the person objects to or
supports the provision. The team shall review the comments received and
may revise the draft proposed final order. Unless the department receives
a request under subsection (4) of this section, the team shall submit a
proposed final order to the department within 30 days after the close of
the period for public comment on the draft proposed final order.

(4) If the draft proposed final order prepared by the team under
subsection (2) of this section proposes to deny the application for
reauthorization of the water right, the applicant may request the
department to process the application in accordance with ORS 543A.045 to
543A.055. The applicant shall submit a request under this subsection
within the 60-day period allowed for public comment on the draft proposed
final order.

(5) Unless the department receives a request under subsection (4)
of this section, the department shall issue the proposed final order in
accordance with the provisions of ORS 543A.120 to 543A.300.

(6) If the team determines that additional information is necessary
to determine whether reauthorization of the state project will comply
with ORS 543A.025, the applicant shall comply with the process
established in ORS 543A.045 to 543A.055 and 543A.120 to 543A.300. [1997
c.449 §8] (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 convene a public scoping meeting.

(2) The applicant shall be responsible for conducting the public
scoping meeting. The team, federal agencies, federally recognized Indian
tribes and members of the public shall be invited to participate. The
purpose of the public scoping meeting shall be to allow an opportunity
for the participants to review the information available and to:

(a) Discuss a proposed schedule for completion of the
reauthorization process;

(b) Discuss studies and additional information that may be needed;
and

(c) Identify other resources and other health and safety issues of
the state that must be considered in the reauthorization process.

(3) At the public scoping meeting, the team shall:

(a) Explain to the public the process for reauthorizing the state
project; and

(b) Identify to the public the members of the team.

(4) Within 90 days after the public scoping meeting, the team shall
publish notice of the availability of the plan for completing the review
process, including a time schedule. The plan shall be developed by the
Water Resources Department in consultation with the applicant. [1997
c.449 §9] 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 meeting under ORS 543A.045, the applicant shall prepare an
application report and file the report with the Hydroelectric Application
Review Team. The application report shall include study results, proposed
mitigation measures, applicable state statutes and rules and any
necessary changes to the operation of the hydroelectric project required
to comply with such statutes and rules. [1997 c.449 §10]

(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 the reauthorization of the water right. The draft
proposed final order shall include the findings required for a proposed
final order under ORS 543A.120. Upon completion of the draft proposed
final order, the Water Resources Department shall give public notice of
the draft proposed final order in the weekly notice published by the
department. The notice shall include a request for comments on the draft
proposed final order.

(2) Within 60 days after the public notice under subsection (1) of
this section, any person interested in the draft proposed final order
shall submit written comments to the team.

(3) Within 30 days after the close of the period for public comment
on the draft proposed final order, the team shall make any revisions
necessary in response to comments received and submit a proposed final
order to the department.

(4) The department shall complete the reauthorization process in
accordance with the provisions of ORS 543A.120 to 543A.300. [1997 c.449
§11]WATER RIGHT APPLICATION PROCESS FOR REAUTHORIZING A FEDERALLY LICENSED
PROJECT(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 extent feasible, in a
manner that is consistent with and avoids duplication of federal agency
review. Such coordination shall include, but need not be limited to:

(a) Whenever feasible, elimination of duplicative application,
study and reporting requirements;

(b) Hydroelectric Application Review Team use of information
generated and documents prepared for the federal agency review;

(c) Development with the federal agency and reliance on a joint
record to address applicable state standards;

(d) Whenever feasible, joint hearings and issuance of a state water
right decision in a time frame consistent with the federal agency review;
and

(e) To the extent consistent with applicable state standards,
establishment of conditions in any state hydroelectric water right that
are consistent with the conditions established, or required to be
incorporated into licensing, by the federal agency.

(2) In order to better coordinate with the review of the project by
the Federal Energy Regulatory Commission, the team may, at the request of
an applicant, make changes to the process set forth in ORS 543A.060 to
543A.115, if the changes do not diminish opportunities for public input
otherwise provided by ORS 543A.060 to 543A.115. [1997 c.449 §12](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 water right, the Water Resources Department may:

(a) Extend the expiration date of the water right, for a period of
up to 15 years, to correspond to the expiration date of the federal
license for the project; or

(b) Process an application for reauthorization of the water right
prior to the actual expiration date of the water right in order to
correspond with the expiration of the federal license for the project.

(2) For a project with a water right that expires more than 15
years before the expiration date of the federal license for the project,
the Hydroelectric Application Review Team shall evaluate the project
under the process and standards established in ORS 543A.005 to 543A.025
and 543A.060 to 543A.410 for a state project. A reauthorized water right
for such a project may be for a term concurrent with the federal license.
[1997 c.449 §13](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 licensed project, the Water Resources Department
shall notify the holder of the date of expiration of the right or license
and shall ask that the holder advise the department whether the holder
intends to seek reauthorization or relicensing.

(2) If the holder does not intend to seek reauthorization, the
holder shall inform the department within 90 days after receiving notice
under subsection (1) of this section of the proposed disposition of the
federally licensed project.

(3) If the holder intends to seek reauthorization, the holder shall
inform the department within 90 days after receiving notice under
subsection (1) of this section whether the holder intends to seek
reauthorization of the water right concurrently with the federal
relicensing.

(4) A holder seeking relicensing and reauthorization concurrently:

(a) Shall not, by applying for reauthorization, under ORS 543A.075
and in the absence of agreement by the holder, be deemed to have
accelerated the actual expiration date of the project’s water right; and

(b) May, upon providing concurrent notification to the Federal
Energy Regulatory Commission, withdraw and void its application for
reauthorization at any time prior to issuance of the final water right
certificate issued by the Water Resources Director without prejudice to
its right to reapply for reauthorization of its water right.

(5) Any water right issued by the Water Resources Department
pursuant to an application filed under this chapter shall become
effective upon the issuance of the new water right. The existing water
right shall be canceled immediately upon issuance of the new water right.

(6) A holder not electing to concurrently seek reauthorization but
seeking relicensing shall notify the Water Resources Department of its
position and shall indicate in the notification its plans for the project
and the project’s state water right.

(7) In the absence of agreement by the holder to pay the
application fees under ORS 543A.405, and notwithstanding the provisions
of ORS 543A.015, the state is not required to develop and provide a
coordinated state position. [1999 c.873 §15 (enacted in lieu of 543A.070)](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 intent to file an application for reauthorization of the water right
for the project. If the person intends to seek reauthorization
concurrently with federal relicensing, the notice of intent shall be
submitted at the same time the person provides the information to the
department under ORS 543A.071 (3). The notice of intent shall include:

(a) The name and post-office address of the applicant;

(b) The federal project number;

(c) The expiration date of the federal license and state water
right for the project;

(d) An unequivocal statement of the applicant’s intention to file
an application for reauthorization of the state water right;

(e) The location of the project by county and stream and, when
appropriate, by city or nearby city;

(f) The amount of water in cubic feet per second; and

(g) The project capacity.

(2) Upon receipt of a notice of intent under subsection (1) of this
section, the department shall:

(a) Convene the Hydroelectric Application Review Team for the
project. The team shall consist of representatives of the Water Resources
Department, the Department of Environmental Quality and the State
Department of Fish and Wildlife and may include a representative of any
other agency that has regulatory or advisory responsibility for the
project or a resource or hazard affected by the project.

(b) Provide public notice of the receipt of the notice of intent.
The public notice shall provide the date of the public scoping meeting to
be conducted under ORS 543A.085 and include a description of the
hydroelectric project, the location of the project, the expiration dates
of the water right for the project and the Federal Energy Regulatory
Commission license for the project, and information pertaining to how an
interested person may obtain future notices about the application and
participate in the reauthorization process.

(3) Any person who is authorized by the Federal Energy Regulatory
Commission to apply for a license for a federally licensed project may
apply to reauthorize a water right for the project. The team shall
process such applications under the standards and process set forth in
ORS 543A.060 to 543A.300 for a federally licensed project. A nonowner
applicant may obtain a water right with the priority date of the expiring
water right only if the applicant submits a notice of intent within six
months after the owner submits a preliminary application as described in
ORS 543A.080, or within 30 days after June 30, 1997, whichever is later.
[1997 c.449 §15; 1999 c.873 §16] 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 application, which shall be the first-stage consultation
document of the Federal Energy Regulatory Commission. The preliminary
application shall include the following information:

(1) Detailed maps showing existing project boundaries, if any,
proper land descriptions of the entire project area by township, range
and section, and also showing the specific location of all existing and
proposed project facilities, including but not limited to roads,
transmission lines and other appurtenant facilities;

(2) A general engineering design of the existing project and any
proposed changes, with a description of any existing or proposed
diversion of a stream through a canal or a penstock;

(3) A summary of the existing operational mode of the project and
any proposed changes;

(4) Identification of the environment affected or to be affected,
the significant resources and hazards present and the applicant’s
existing and proposed environmental protection, mitigation and
enhancement plans, to the extent known at that time;

(5) Streamflow and water information;

(6) Detailed descriptions of any proposed studies and the proposed
methodologies to be employed; and

(7) Any other information required in the application form provided
by the department. [1997 c.449 §16] (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, in conjunction
with the Hydroelectric Application Review Team, shall convene a public
scoping meeting. To the extent practicable, the applicant shall conduct
the public scoping meeting at the first stage of the Federal Energy
Regulatory Commission review of the federal license for the project.

(2) The applicant is responsible for conducting the public scoping
meeting and shall invite the team, federal agencies, federally recognized
Indian tribes and members of the public to participate. The purpose of
the public scoping meeting is to allow an opportunity for the
participants to review the information available and to:

(a) Discuss a proposed schedule for completion of the
reauthorization process;

(b) Discuss studies and additional information that may be needed;
and

(c) Identify other resources and other health and safety issues of
the state that must be considered in the reauthorization process.

(3) At the public scoping meeting, the team shall:

(a) Explain to the public the process for reauthorizing the
project; and

(b) Identify to the public the members of the team.

(4) Following the public scoping meeting, the team shall allow 60
days for public comment on the preliminary application information, the
proposed schedule, proposed studies and other resources and other health
and safety issues to be considered in the reauthorization process.

(5) Within 90 days after the public scoping meeting, the applicant
shall develop and submit study proposals to the team. Upon receipt of the
proposals, the team and the applicant shall publish notice of the
availability of the proposals and allow 30 days for the public to provide
comments on the proposals.

(6) Based on its review of the comments and recommendations on the
study proposals from the Hydroelectric Application Review Team, other
state agencies and local governments, federally recognized Indian tribes
and members of the public, the applicant shall prepare final study
proposals and methodology and submit the final study proposals and
methodology to the team. Upon receipt of the final study proposals and
methodology, the team shall make the applicant’s study proposals and
methodology available to the public.

(7) The study proposals shall allow at least two years for
completing the studies. [1997 c.449 §17; 2001 c.369 §1](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 interested persons at a public meeting.
Following the public meeting, the Hydroelectric Application Review Team,
other state agencies and local governments, federally recognized Indian
tribes, federal agencies and members of the public shall have 30 days to
comment on the status report and suggest changes to the studies.

(2) The applicant shall consider any comments received in response
to the mid-study status report and make any necessary changes prior to
completing the second year of studies. [1997 c.449 §18; 2001 c.369 §2] (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 the hydroelectric
project, the applicant shall file with the Hydroelectric Application
Review Team:

(a) A draft application for a water right for the project, which
shall be the Federal Energy Regulatory Commission draft application; and

(b) Information regarding potential water quality impacts of the
project.

(2) The applicant shall provide the team with copies of any agency
and public comment submitted to the applicant in the Federal Energy
Regulatory Commission proceedings or in the state reauthorization
proceedings.

(3) The applicant shall include with the application required under
subsection (1) of this section the final report on the studies conducted
pursuant to ORS 543A.085.

(4) Upon receipt of the draft application, the team shall identify
in writing to the applicant any informational and analytical
deficiencies. Subject to any identified deficiencies, the team shall
prepare a provisional state position on:

(a) Whether, and under what conditions, the Water Resources
Department should issue the water right;

(b) Whether the project would comply with ORS 468B.040 and water
quality standards adopted by the Environmental Quality Commission, and
what conditions might be appropriate under 33 U.S.C. 1341(d); and

(c) Recommendations to the Federal Energy Regulatory Commission
under 16 U.S.C. 803(j).

(5) Upon completion of the provisional state position, the team
shall give public notice of the availability of the provisional state
position. The notice shall allow 30 days for the public to comment on the
provisional state position.

(6) Based on comments received during the 30-day public comment
period allowed under subsection (5) of this section, the team may revise
the provisional state position. The team also shall resolve any conflict
between agencies about the provisional state position.

(7) After considering agency and public comments, resolving
interagency conflicts and making any necessary revisions, but no later
than 160 days before the date by which the final application must be
filed with the Federal Energy Regulatory Commission, the team shall
provide the applicant with the provisional unified position of the state.
However, the provisional unified position shall not constitute a final
agency determination or action under any authority. [1997 c.449 §19; 2001
c.369 §3]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 water right and a request for
certification under ORS 468B.040 and 33 U.S.C. 1341. The application
submitted under this section shall be the same as the final application
submitted to the Federal Energy Regulatory Commission for the new federal
license for the project. [1997 c.449 §20](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:

(a) A draft proposed final order approving or denying the
reauthorization of the water right, which shall include but need not be
limited to the findings required for a proposed final order under ORS
543A.120;

(b) Proposed recommendations to the Federal Energy Regulatory
Commission under 16 U.S.C. 803(j);

(c) A proposed coordinated state response to the Federal Energy
Regulatory Commission, including any additional information requests and
recommended conditions to be included in the federal license for the
project; and

(d) Proposed recommendations for certification of the project under
ORS 468B.040 and 33 U.S.C. 1341, including any proposed conditions under
33 U.S.C. 1341(d).

(2) The team shall submit the second proposed unified state
position to the Department of Environmental Quality. The team shall
provide public notice and a 60-day opportunity for public comment on the
proposals required under subsection (1)(a) to (c) of this section. The
Department of Environmental Quality shall concurrently provide public
notice and a 60-day opportunity for public comment on the proposed water
quality certification decision and conditions required under subsection
(1)(d) of this section.

(3) The team shall provide the second proposed unified state
position even if an application required under ORS 543A.100 contains
incomplete or deficient information or analysis. The second proposed
unified state position may reflect the incomplete or deficient
information or analysis.

(4) The team may submit to the Federal Energy Regulatory Commission
and the applicant any proposed state response, recommendations,
conditions or additional information requests, coordinated in accordance
with this chapter, at any time necessary to satisfy a deadline
established by the Federal Energy Regulatory Commission for the
submission, even if the procedures set forth in this section for the
development of a second proposed unified state position have not been
completed. [1997 c.449 §21; 2001 c.369 §4] (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 water quality certification submitted under ORS 543A.100 in
accordance with ORS 468B.040 and rules adopted under ORS 468B.040. The
Director of the Department of Environmental Quality shall act in
accordance with the proposed recommendations submitted by the
Hydroelectric Application Review Team under ORS 543A.105 (1)(d) unless
the director finds, based upon public comment or new information, that
the project would not comply with water quality standards adopted by the
Environmental Quality Commission or would not be consistent with other
appropriate requirements of state law. If the director’s proposed
decision is not in accordance with the proposed recommendations submitted
by the team under ORS 543A.105 (1)(d), the director shall seek a
recommendation from the team before issuing a final decision on water
quality certification. The director shall consider any further
recommendation from the team, and issue a final certification decision to
the applicant and to the team.

(2) As used in this section, “director” means the Director of the
Department of Environmental Quality. [1997 c.449 §21a; 2001 c.369 §5] (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. The final unified state position shall take into
consideration public comments received, shall be consistent with the
Department of Environmental Quality’s water quality certification
decision and shall incorporate conditions attached to any certification
by the Director of the Department of Environmental Quality pursuant to 33
U.S.C. 1341(d). The final unified state position also shall include
recommendations under 16 U.S.C. 803(j), any other conditions recommended
for inclusion in the federal license for the project and any additional
information requests to be addressed in the federal proceeding. The team
also shall prepare a proposed final order on reauthorization of a water
right for the project.

(2) The team shall provide the final unified state position to the
applicant and to the Federal Energy Regulatory Commission. The team shall
submit the proposed final order on reauthorization of the water right to
the Water Resources Department. Upon receipt of the proposed final order,
the department shall complete processing of the application for
reauthorization of the water right in accordance with the provisions of
ORS 543A.120 to 543A.300.

(3) The team may submit to the Federal Energy Regulatory Commission
and the applicant any proposed final unified state position, comments,
recommendations, conditions or additional information requests,
coordinated in accordance with this chapter, at any time necessary to
satisfy a deadline established by the Federal Energy Regulatory
Commission for such submission, even if the procedures set forth in this
section for the development of a final unified state position have not
been completed. [1997 c.449 §22; 2001 c.369 §6]PROCESS FOR COMPLETING REAUTHORIZATION OF WATER RIGHT FOR EITHER STATE OR
FEDERALLY LICENSED PROJECT (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 shall be
based on the application of the standards set forth in ORS 543A.025 and
shall reflect the complete review of the water right application for
compliance with applicable statutes and rules.

(2) The proposed final order shall cite findings of fact and
conclusions of law and shall include but need not be limited to:

(a) Confirmation or modification of the preliminary determinations
made in the initial review;

(b) A brief statement that explains the criteria considered
relevant to the decision, including the applicable basin program, the
compatibility of the proposed use with applicable land use plans and
information set forth in the application report or final report on
studies;

(c) An assessment of water availability and the amount of water
necessary for the proposed use;

(d) An assessment of whether the proposed use would result in
injury to existing water rights;

(e) An assessment of whether the proposed use would impair or be
detrimental to the public interest as provided in ORS 543A.025;

(f) A draft certificate, including any proposed conditions, or a
recommendation to deny the application; and

(g) The date by which protests to the proposed final order must be
received by the department.

(3) The department shall mail copies of the proposed final order,
as submitted by the team, to the applicant and to persons who have
requested copies and paid the fee required under ORS 536.050 (1)(p). The
department also shall give public notice of the proposed final order in
the weekly notice published by the department.

(4) Any person may request standing for purposes of participating
in any contested case proceeding on the proposed final order or for
judicial review of a final order. A request for standing shall be in
writing and shall be accompanied by the fee established under ORS 536.050
(1)(n).

(5) Any person may submit a protest against a proposed final order.
A protest shall be in writing and shall include:

(a) The name, address and telephone number of the protestant;

(b) A description of the protestant’s interest in the proposed
final order and, if the protestant claims to represent the public
interest, a precise statement of the public interest represented;

(c) A detailed description of how the action proposed in the
proposed final order would impair or be detrimental to the protestant’s
interest;

(d) A detailed description of how the proposed final order is in
error or deficient and how to correct the alleged error or deficiency;

(e) Any citation of legal authority supporting the protest, if
known; and

(f) For persons other than the applicant, the protest fee required
under ORS 536.050 (1)(j).

(6) Requests for standing and protests on the proposed final order
shall be submitted within 45 days after publication of the notice of the
proposed final order in the weekly notice published by the department.
Any person who asks to receive a copy of the department’s final order
shall submit to the department the fee required under ORS 536.050 (1)(p),
unless the person has previously requested copies and paid the required
fee.

(7) The Hydroelectric Application Review Team shall review any
protest received and provide to the Water Resources Director a
recommended response to any protest received.

(8) Within 120 days after the close of the period for receiving
protests and after consultation with the Hydroelectric Application Review
Team, the director shall:

(a) Issue a final order as provided under ORS 543A.130; or

(b) Schedule a contested case hearing if a protest has been
submitted and if:

(A) Upon review of the issues, the director finds that there are
significant disputes related to the proposed reauthorization of the
project; or

(B) Within 30 days after the close of the period for submitting
protests, the applicant requests a contested case hearing.

(9) At the request of the applicant, the department may extend the
time periods set forth in subsection (8) of this section for a reasonable
period of time.

(10) If the application is for reauthorization of a water right for
a federally licensed project, the department may postpone the issuance of
the final order until the Federal Energy Regulatory Commission license is
issued. [1997 c.449 §23]
(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 reauthorization of a water right for the use of water
for hydroelectric purposes made in proper form, unless the proposed
reauthorization conflicts with existing rights.

(2) The department shall reject any application for a permit to
appropriate water to develop hydroelectric power if the department finds
that the proposed project does not comply with the standards set forth in
ORS 543A.025 or rules adopted by the Water Resources Commission under ORS
543A.025. [1997 c.449 §24] (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 issues identified by
the administrative law judge.

(2) Notwithstanding the provisions of ORS chapter 183 pertaining to
contested case proceedings, the parties to any contested case hearing
initiated under this section shall be limited to:

(a) The applicant;

(b) Any person who timely filed a protest; and

(c) Any person who timely filed a request for standing under ORS
543A.120 and who requests to intervene in the contested case hearing
prior to the start of the proceeding.

(3) The contested case proceeding shall be conducted in accordance
with the applicable provisions of ORS chapter 183 except:

(a) As provided in subsections (1) and (2) of this section; and

(b) An interlocutory appeal under ORS 183.480 (3) shall not be
allowed.

(4) Each person submitting a protest or a request for standing
shall raise all reasonably ascertainable issues and submit all reasonably
available arguments supporting the person’s position by the close of the
protest period. Failure to raise a reasonably ascertainable issue in a
protest or in a hearing or failure to provide sufficient specificity to
afford the Water Resources Department an opportunity to respond to the
issue precludes judicial review based on that issue.

(5) If, after the contested case hearing or, if a hearing is not
held, after the close of the period allowed to file a protest, the Water
Resources Director determines that the proposed reauthorization does not
comply with the standards set forth in ORS 543A.025 or rules adopted by
the Water Resources Commission under ORS 543A.025, the director shall
issue a final order rejecting the application or modifying the proposed
final order to conform to the public interest. If, after the contested
case hearing or, if a hearing is not held, after the close of the period
allowed to file a protest, the director determines that the proposed
reauthorization complies with ORS 543A.025, the director shall issue a
final order approving the application for reauthorization or otherwise
modifying the proposed final order. A final order may set forth any of
the provisions or restrictions to be included in the certificate
concerning the use, control and management of the water to be
appropriated for the project, including but not limited to a
specification of reservoir operation and minimum releases to protect the
public interest.

(6) If a contested case hearing is not held:

(a) Where the final order modifies the proposed final order, the
applicant may request and the department shall schedule a contested case
hearing as provided under subsection (3) of this section by submitting
the information required for a protest under ORS 543A.120 within 14 days
after the director issues the final order. However, the issues on which a
contested case hearing may be requested and conducted under this
paragraph shall be limited to issues based on the modifications to the
proposed final order.

(b) Only the applicant or a protestant may appeal the provisions of
the final order in the manner established in ORS chapter 183 for appeal
of orders other than contested cases.

(7) Before issuing a final order, the director or the commission,
if applicable, shall make the final determination of whether the proposed
reauthorization or the proposed reauthorization as modified in the
proposed final order complies with the standards set forth in ORS
543A.025.

(8) In a proceeding to reauthorize a water right for a federally
licensed project, the final order may be different from the proposed
final order based on:

(a) New information developed during the federal relicensing
process pertaining to environmental impacts or assessments that reveals
impacts not known at the time the proposed final order was issued;

(b) Significant changes in the final application to the Federal
Energy Regulatory Commission;

(c) Conditions and restrictions in the Federal Energy Regulatory
Commission license that are inconsistent with the water right as proposed
in the proposed final order; or

(d) Protests received after the proposed final order is issued.

(9) Upon issuing a final order, the director shall notify the
applicant and each person who submitted written comments or protests or
otherwise requested notice of the final order and send a copy of the
final order to any person who requested a copy and paid the fee required
under ORS 536.050 (1)(p). [1997 c.449 §25; 2003 c.75 §100] (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 party may file exceptions
to the order with the Water Resources Commission.

(2) The commission shall issue a modified order, if the exceptions
are allowed, or deny the exceptions within 60 days after the close of the
exception period under subsection (1) of this section. [1997 c.449 §26] (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 with the standards set forth in ORS 543A.025. Every water right
for a federally licensed project shall provide as a condition that the
water right holder may not operate the federally licensed project unless
the water right holder is authorized to operate the project by the
Federal Energy Regulatory Commission.

(2) The department may approve an application for reauthorization
for less water than applied for, or upon terms, limitations and
conditions necessary for the protection of the public interest. [1997
c.449 §28] 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] (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 if the time limits
are incompatible with the substantive requirements applicable to
applications to reauthorize a water right for the use of water for
hydroelectric purposes.

(2) The expiration date of the water right for any project that
begins the reauthorization process under ORS 543A.005 to 543A.415 before
the expiration date shall be extended by the department if necessary to
allow for completion of the reauthorization process. [1997 c.449 §31]DECOMMISSIONING (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 or 543A.075, the
Water Resources Commission may order the decommissioning of the project.

(2) The Water Resources Commission shall adopt by rule procedures
for ordering a decommissioning of a project and standards for conducting
a decommissioning in a manner that ensures the protection of the public
health and safety and the environment. The rules shall include a
provision for establishing a Hydroelectric Application Review Team for
the project to coordinate the activities of all state agencies involved
in the decommissioning process. [1997 c.449 §30](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 that term in ORS
537.332.

(c) “Reauthorize” has the meaning given that term in ORS 543.075.

(2) An in-stream water right shall be subject to the limitations of
ORS 537.350 and shall be maintained in perpetuity, in trust for the
people of the State of Oregon. The priority date of the in-stream water
right shall be the same as that of the converted hydroelectric water
right. The location of the in-stream water right shall be the same as the
point of diversion identified in the hydroelectric water right.

(3) Five years after the use of water under a hydroelectric water
right ceases, or upon expiration of a hydroelectric water right not
otherwise extended or reauthorized, or at any time earlier with the
written consent of the holder of the hydroelectric water right, up to the
full amount of the water right associated with the hydroelectric project
shall be converted to an in-stream water right, upon a finding by the
Water Resources Director that the conversion will not result in injury to
other existing water rights. In making the evaluation, the director shall
consider the actual use of the hydroelectric project and the resulting
impacts on actual use by other existing water rights as of October 23,
1999. The director may include mitigation measures as conditions of the
in-stream water right to avoid injury and to ensure the continuation of
authorized water uses by other existing water rights.

(4) If the hydroelectric project is authorized by a pre-1909
unadjudicated claim of registration, the determination of injury shall be
based upon an evaluation of the actual use as measured during the five
years preceding the conversion action, and shall not constitute a
determination under ORS 537.670 to 537.695 as to the underlying claim of
registration of the pre-1909 use. Judicial review of a final order
relating to such a conversion shall be limited to review of the
conversion action.

(5) This section shall not apply to projects on boundary waters
that operate with water rights issued by the State of Oregon and by any
other state except upon the written request of the water right holder.

(6) If hydroelectric production is not the sole beneficial use
authorized by a water right, this section shall apply only to conversion
of that portion of the water right used exclusively for hydroelectric
purposes.

(7) This section shall not apply if the holder, at any time prior
to conversion under subsection (3) of this section, transfers the
hydroelectric water right under ORS 540.520 and 540.530, except that if a
time-limited hydroelectric water right is transferred under ORS 540.520
and 540.530, the provisions of this section shall apply at the time of
expiration of the time-limited water right. [1999 c.873 §2]Note: 543A.305 was added to and made a part of 543A.005 to 543A.415
by legislative action but was not added to any smaller series therein.
See Preface to Oregon Revised Statutes for further explanation.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. [1997
c.449 §32]FEES AND EXPENSES (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
reauthorization of a project under ORS 543A.030, 543A.035, 543A.075,
543A.080 or 543A.095 shall pay all expenses related to the review and
decision of the Hydroelectric Application Review Team that are incurred
by the team and any agency participating as part of the team, and that
are not otherwise covered by the reauthorization fee paid under ORS
543A.415.

(2) Every person submitting a notice of intent to seek
reauthorization of a project shall submit the fee required under ORS
536.050 (1)(r) to the Water Resources Department when the notice of
intent is submitted.

(3) Before submitting an application to reauthorize a state project
under ORS 543A.035, the applicant shall request from the team an estimate
of the costs expected to be incurred in processing the application. The
team shall inform the applicant of that amount and require the applicant
to make periodic payments of such costs pursuant to a cost reimbursement
agreement. The cost reimbursement agreement shall provide for payment of
25 percent of the estimated costs when the applicant submits an
application under ORS 543A.035.

(4) Before the close of public comment on study proposals developed
by the applicant for a federally licensed project under ORS 543A.085, the
team shall estimate the costs expected to be incurred in evaluating the
project. The team shall inform the applicant of that amount and require
the applicant to make periodic payments of such costs pursuant to a cost
reimbursement agreement. The cost reimbursement agreement shall provide
for a first payment of 25 percent of the estimated costs on a schedule
established in the agreement.

(5) If costs of the team’s evaluation of a project exceed the
estimate in the cost reimbursement agreement, the applicant shall pay any
excess costs shown in an itemized statement prepared by the team. In no
event shall the team and its participating agencies incur evaluation
expenses in excess of 110 percent of the fee initially estimated unless
the team provided prior notification to the applicant and a detailed
projected budget the team believes is necessary to complete evaluation of
the application. If costs are less than the fee paid, the team shall
refund the excess to the applicant.

(6) The Water Resources Department shall reimburse participating
agencies for costs incurred in their review of a project. Such costs
shall not include expenses of other state agencies for which a fee is
otherwise collected under state law. [1997 c.449 §33; 2001 c.369 §7] (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 an applicant shall be
necessary, just and reasonable. Upon request, the team shall provide the
applicant with a detailed justification for all charges. Not later than
January 1 of each year, the Water Resources Director by order shall
establish a schedule of fees that those persons submitting a notice of
intent must submit under ORS 543A.030 or 543A.075. The fee schedule shall
be designed to recover the actual costs of evaluating the notice of
intent. Fees shall be based on actual, historical costs incurred by the
team and its participating agencies to the extent historical costs are
available. The fees established by the schedule shall reflect the size
and complexity of the project for which a notice of intent is submitted.

(2) If a dispute arises regarding the necessity or reasonableness
of expenses charged to or allocated to the fee paid by an applicant, and
if the dispute is not resolved by the directors of the affected agencies,
the applicant may seek judicial review in circuit court of the amount of
expenses charged or allocated as provided in ORS 183.480, 183.484,
183.490 and 183.500. If the applicant establishes that any of the charges
or allocations are unnecessary or unreasonable, the amount found to be
unnecessary or unreasonable shall be refunded to the applicant. The
applicant shall not waive the right to judicial review by paying the
portion of the fee or expense in dispute. [1997 c.449 §34] (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 a reauthorization
fee in an amount per theoretical horsepower covered by the existing
license that, when added to the amount per theoretical horsepower covered
by the existing license that is paid under ORS 543.300, equals 28 cents
for each horsepower covered by the existing license, or $15, whichever is
greater, for the purpose of implementing the state reauthorization
process established by this chapter and ORS 468.065, 468B.040, 468B.045,
468B.046, 536.015, 536.050, 543.012 and 543.710. The reauthorization fee
shall be paid until the project is reauthorized, and a water right
issued, under this chapter and ORS 468.065, 468B.040, 468B.045, 468B.046,
536.015, 536.050, 543.012 and 543.710. Upon reauthorization and issuance
of a water right, a new annual fee shall be assessed under ORS 543.300,
and the reauthorization fee shall no longer apply.

(2) The department shall notify existing license holders of the
amount of the fee described in subsection (1) of this section. The notice
shall state the date by which the license holder must notify the
department if the license holder does not intend to reauthorize the
project. The department shall assess the fee described in subsection (1)
of this section unless the license holder notifies the state that it does
not intend to apply to reauthorize the project upon expiration of the
license. The holder of an existing hydroelectric license that notifies
the department that it does not intend to reauthorize the project need
not pay the reauthorization fee and may not seek reauthorization of the
project upon expiration of the existing license.

(3) The department shall submit a report to the Legislative
Assembly during each legislative session describing the department’s use
of reauthorization funds.

(4) Four cents of each 28 cents paid as a reauthorization fee as
required by subsection (1) of this section shall be deposited to the
Water Resources Department Hydroelectric Fund and disbursed to the
Department of Environmental Quality. [1997 c.449 §37; 1999 c.873 §17;
2003 c.14 §348]MISCELLANEOUS(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 state or its agencies under federal
law.

(2) 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 of an existing federally licensed project to apply for or
obtain a new federal license for the project. Nothing in this chapter and
ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and
543.710 shall be construed to create any preference or priority on behalf
of any applicant for a federal license. [1997 c.449 §§42a,45] 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 to a
time-limited water right certificate for the use of water for
hydroelectric purposes for the purpose of applying the provisions of this
chapter and ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050,
543.012 and 543.710 pertaining to reauthorizing the use of water for
hydroelectric purposes. [1997 c.449 §43] 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 right issued thereunder. [2001 c.369 §8]Note: 543A.810 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 543A or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.

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USA Statutes : oregon