ORS 543A.145¹
Water right certificate

Any water right for the use of water for hydroelectric purposes shall:

(1) Except as provided in ORS 543A.065 (Changes to expiration date of water right for existing project) (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 (Reauthorization application and public comment), or a notice of intent under ORS 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes), 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 Legislative Counsel Committee, CHAPTER 543A—Reauthorizing and Decommissioning Hydroelectric Projects, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors543A.­pdf (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. Currency Information