ORS 543A.130
Contested case hearing

  • final order

(1)

If a contested case hearing is conducted under ORS 543A.120 (Proposed final order), 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 (Proposed final order) 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 (Judicial review of agency orders) (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 (Minimum standards for decision on reauthorization of water right) or rules adopted by the Water Resources Commission under ORS 543A.025 (Minimum standards for decision on reauthorization of water right), 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 (Minimum standards for decision on reauthorization of water right), 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 (Proposed final order) 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 (Minimum standards for decision on reauthorization of water right).

(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 (Fees) (1)(p). [1997 c.449 §25; 2003 c.75 §100]

Source: Section 543A.130 — Contested case hearing; final order, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html.

543A.005
Definitions
543A.010
Findings
543A.015
Purpose
543A.020
Policy
543A.025
Minimum standards for decision on reauthorization of water right
543A.030
Notice of intent
543A.035
Reauthorization application and public comment
543A.040
Process determination
543A.045
Public scoping meeting
543A.050
Application report
543A.055
Hydroelectric Application Review Team review of application
543A.060
Coordination of state and federal reauthorization processes
543A.065
Changes to expiration date of water right for existing project
543A.071
Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes
543A.075
Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes
543A.080
Submission of preliminary application information
543A.085
Public scoping meeting
543A.090
Mid-study status report
543A.095
Draft application
543A.100
Final application for water right
543A.105
Hydroelectric Application Review Team review of final application
543A.110
Water quality certification
543A.115
Final unified state position
543A.120
Proposed final order
543A.125
Approval or rejection of application for reauthorization
543A.130
Contested case hearing
543A.135
Exceptions to final order
543A.140
Terms, limitations and conditions of water right
543A.145
Water right certificate
543A.150
Modification of time limits
543A.300
Decommissioning
543A.305
Conversion of hydroelectric water right to in-stream water right
543A.400
Duties of Hydroelectric Application Review Team
543A.405
Application fees
543A.410
Fee schedule
543A.800
Effect of hydroelectric reauthorization process on existing rights
543A.805
Reference to licensee or license
543A.810
Effect of amendment or repeal of law
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