ORS 543.300
Conditions governing license

  • fees
  • waiver of conditions

Any license issued under ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) shall take into consideration, and shall be on, the following conditions:

(1)

That the proposed project shall be such as, in the judgment of the Water Resources Commission, is well adapted to the development and utilization of the water power involved.

(2)

That the licensee shall construct and build the project according to the maps, plans and specifications filed with and approved by the commission, and within the time fixed by the license or by any lawful extension thereof.

(3)

The operations of the licensee so far as they affect the use, storage and discharge from storage of waters affected by the license, shall at all times be controlled by such reasonable rules as the commission may prescribe for the protection of life, health and property, and in the interest of the fullest practicable conservation and utilization of such waters for power purposes and for other beneficial public uses, including recreational purposes. The licensee shall release water from the project reservoir at such rate in cubic feet per second, or such volume in acre-feet per specified period of time, as the commission may prescribe.

(4)

That the licensee shall maintain the project, and each part thereof, in good order and repair and in efficient operation, for the development and transmission of electricity to its reasonable capacity; shall make all necessary renewals and replacements as required; and shall maintain and operate the project, and all parts thereof, conformably to the rules of the commission not inconsistent with ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality).

(5)

That the licensee shall annually pay to the state the applicable fee under ORS 543.078 (Annual fee for hydroelectric project) for the project. This sum shall constitute a first lien upon the project, which lien may be enforced by suit in equity or other appropriate proceeding, or payment thereof may be enforced by the state in an action for debt. Payment of such license fees may be waived by the commission during all or any part of the period of construction. The fees need not be uniform throughout the entire period of the license, but may be for different amounts for different periods.

(6)

Other and further conditions not inconsistent with ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) as the commission may require in the public interest.

(7)

In issuing a license for a minor project of not more than 100 horsepower the commission may waive all or any of the conditions and requirements of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality) except the period for which a license may be issued, and the annual charge under subsection (5) of this section. In issuing licenses for projects in excess of 100 horsepower for which the applicants are required to secure permits and licenses from the United States as a condition precedent to the construction of the projects, the commission may waive and modify such of the terms, conditions and requirements of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality), except the period for which a license may be issued and the annual charge under subsection (5) of this section, as the commission, by order, after full investigation and public hearing, shall find to make impracticable the construction of such projects. During the time that a licensee is not a public utility and does not sell electric energy, and does not sell bonds or other evidences of debt against the licensee’s plant, the commission may waive the accounting and amortization requirements of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality), even if the project involved exceeds 100 horsepower. [Amended by 1959 c.560 §1; 1961 c.224 §19; 1985 c.673 §154; 1999 c.873 §23; 2021 c.516 §5]

Source: Section 543.300 — Conditions governing license; fees; waiver of conditions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html.

543.010
Definitions for ORS 543.010 to 543.610
543.012
Applicability of chapter to reauthorization of existing hydroelectric project
543.013
Applicability of chapter and ORS chapter 543A to ocean renewable energy facility
543.015
Policy
543.017
Minimum standards for development of hydroelectric power
543.050
Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records
543.055
Hearings and witnesses
543.060
Investigations
543.075
Definitions for ORS 543.075 to 543.092
543.078
Annual fee for hydroelectric project
543.080
Project specific fees
543.082
Invoice for fees
543.085
Periodic review of annual fee
543.088
Payment of costs or fee for reauthorization or relicensing of project
543.090
Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim
543.092
Amendment of hydroelectric water right or claim
543.095
Challenges to certain statutes related to hydroelectric projects
543.110
Appropriation and use of water for power is governed by this chapter
543.120
Water power projects to be in conformity with this chapter
543.140
Projects or developments constructed by federal government excepted from law
543.150
Municipal corporations and utility districts
543.160
Hydroelectric facility on North Santiam River prohibited
543.165
Hydroelectric facility on part of Deschutes River prohibited
543.170
Hydroelectric facility on Isqúulktpe Creek prohibited
543.175
Hydroelectric facility on Deschutes River within City of Bend prohibited
543.210
Preliminary permits
543.220
Notice of filing of application
543.225
Hearing on application
543.230
Hearings on application
543.250
Permit
543.255
Determination of cumulative impacts of proposed hydroelectric power projects
543.260
Licenses
543.265
Testing of fish protection measures as condition for hydroelectric project permit or license
543.270
Preference in granting permit or license
543.280
Fee payments by licensee
543.290
Filing of maps, plans, estimates and other materials
543.300
Conditions governing license
543.310
Disposition of moneys collected
543.320
Effect of amendment or repeal of law
543.410
Construction of project
543.420
Noncompletion of construction within prescribed time
543.430
Proceedings after completion of project for violation of license terms
543.440
Transfer of license, rights or property
543.525
ORS 543.530 to 543.550 not applicable to regulated utilities
543.530
Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited
543.540
Consideration for bonds, stocks and other securities
543.550
Liens prohibited
543.560
Bond of licensee or letter of credit securing claims of suppliers
543.610
Acquisition of project by state or municipality
543.650
Policy
543.655
Definitions for ORS 543.650 to 543.685
543.660
Authority of district to enlarge or modify water system and power generating facilities
543.662
Authority of district to develop joint project with private person
543.664
Rules relating to joint projects of districts and private persons
543.665
Authority to issue revenue bonds to acquire hydroelectric facilities
543.670
Manner of issuance of revenue bonds
543.675
Power of eminent domain not to be exercised to acquire hydroelectric facilities
543.680
Compliance with water appropriation laws required
543.685
District board to require weatherization
543.705
Definitions for ORS 543.710 to 543.730
543.710
Annual fee based on horsepower
543.720
Payment of annual fee
543.730
Failure to file statement or pay fees as evidence of abandonment of claim
543.760
Definition of water right
543.765
Certificate to use water for hydroelectric purposes within artificial delivery system
543.990
Penalties
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