2017 ORS 468B.046¹
Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes

(1) Except as provided in ORS 543A.110, nothing in 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) and ORS chapter 543A shall be construed to limit or affect any authority of the Director of the Department of Environmental Quality under existing law to establish conditions for any certification granted under ORS 468B.040 (Certification of hydroelectric power project), 468B.045 (Certification of change to hydroelectric power project) and 33 U.S.C. 1341, including but not limited to conditions for monitoring, review and enforcement of compliance with the certification and water quality standards during construction, operation and decommissioning of a project.

(2) Nothing in 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) and ORS chapter 543A, including but not limited to review of applications by the Hydroelectric Application Review Team, shall affect the authority of the Director of the Department of Environmental Quality to act on a request for water quality certification as necessary to avoid certification being deemed waived under the one-year period prescribed by 33 U.S.C. 1341(a)(1). [1997 c.449 §40d]

(formerly 468.700 to 468.778)

Atty. Gen. Opinions

State’s authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285

1 Legislative Counsel Committee, CHAPTER 468B—Water Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.