ORS 543A.405
Application fees


(1)

Subject to the provisions of ORS 543A.410 (Fee schedule), 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 (Notice of intent), 543A.035 (Reauthorization application and public comment), 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes), 543A.080 (Submission of preliminary application information) or 543A.095 (Draft application) 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 fee paid under ORS 543.078 (Annual fee for hydroelectric project).

(2)

Every person submitting a notice of intent to seek reauthorization of a project shall submit the fee required under ORS 536.050 (Fees) (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 (Reauthorization application and public comment), 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 (Reauthorization application and public comment).

(4)

Before the close of public comment on study proposals developed by the applicant for a federally licensed project under ORS 543A.085 (Public scoping meeting), 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; 2021 c.516 §7]

Source: Section 543A.405 — Application fees, 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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