2007 ORS 543A.415¹
Reauthorization fee

(1) Except as provided in subsection (2) of this section, each holder of an existing hydroelectric license shall pay to the Water Resources Department annually a reauthorization fee in an amount per theoretical horsepower covered by the existing license that, when added to the amount per theoretical horsepower covered by the existing license that is paid under ORS 543.300 (Conditions governing license), equals 28 cents for each horsepower covered by the existing license, or $15, whichever is greater, for the purpose of implementing the state reauthorization process established by this chapter and ORS 468.065 (Issuance of permits), 468B.040 (Certification of hydroelectric power project), 468B.045 (Certification of change to hydroelectric power project), 468B.046 (Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes), 536.015 (Water Resources Department Hydroelectric Fund), 536.050 (Fees), 543.012 (Applicability of chapter to reauthorization of existing hydroelectric project) and 543.710 (Annual fee based on horsepower). The reauthorization fee shall be paid until the project is reauthorized, and a water right issued, under this chapter and ORS 468.065 (Issuance of permits), 468B.040 (Certification of hydroelectric power project), 468B.045 (Certification of change to hydroelectric power project), 468B.046 (Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes), 536.015 (Water Resources Department Hydroelectric Fund), 536.050 (Fees), 543.012 (Applicability of chapter to reauthorization of existing hydroelectric project) and 543.710 (Annual fee based on horsepower). Upon reauthorization and issuance of a water right, a new annual fee shall be assessed under ORS 543.300 (Conditions governing license), and the reauthorization fee shall no longer apply.

(2) The department shall notify existing license holders of the amount of the fee described in subsection (1) of this section. The notice shall state the date by which the license holder must notify the department if the license holder does not intend to reauthorize the project. The department shall assess the fee described in subsection (1) of this section unless the license holder notifies the state that it does not intend to apply to reauthorize the project upon expiration of the license. The holder of an existing hydroelectric license that notifies the department that it does not intend to reauthorize the project need not pay the reauthorization fee and may not seek reauthorization of the project upon expiration of the existing license.

(3) The department shall submit a report to the Legislative Assembly during each legislative session describing the department’s use of reauthorization funds.

(4) Four cents of each 28 cents paid as a reauthorization fee as required by subsection (1) of this section shall be deposited to the Water Resources Department Hydroelectric Fund and disbursed to the Department of Environmental Quality. [1997 c.449 §37; 1999 c.873 §17; 2003 c.14 §348]

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.