ORS 543A.040¹
Process determination

(1) Within 60 days after the close of the period allowed for public comment under ORS 543A.035 (Reauthorization application and public comment), 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 (Minimum standards for decision on reauthorization of water right).

(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 (Minimum standards for decision on reauthorization of water right), 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 (Public scoping meeting) to 543A.055 (Hydroelectric Application Review Team review of application). 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 (Proposed final order) to 543A.300 (Decommissioning).

(6) If the team determines that additional information is necessary to determine whether reauthorization of the state project will comply with ORS 543A.025 (Minimum standards for decision on reauthorization of water right), the applicant shall comply with the process established in ORS 543A.045 (Public scoping meeting) to 543A.055 (Hydroelectric Application Review Team review of application) and 543A.120 (Proposed final order) to 543A.300 (Decommissioning). [1997 c.449 §8]

1 Legislative Counsel Committee, CHAPTER 543A—Reauthorizing and Decommissioning Hydroelectric Projects, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­543a.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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