2017 ORS 543.082¹
Invoice for fees
  • overdue fee
  • interest on delinquent fees

(1) At least 45 days before the fees required under ORS 543.078 (Annual fee for hydroelectric project) or 543.080 (Project specific fees) become due, the Water Resources Department shall issue invoices to the holder for each fee.

(2) If any holder fails to pay the fees required under ORS 543.078 (Annual fee for hydroelectric project) or 543.080 (Project specific fees) within 15 days after the date specified in the invoice, the department shall notify the holder of the amount and nature of the overdue fee. Any such notice shall be sent to the holder by certified mail and shall include notification that the holder has 30 days from the date of the certified delivery of the notice to pay the overdue fee or the holder shall be subject to the late payment penalty provisions of subsection (3) of this section.

(3) Any fee that is not paid within 30 days of the date a holder receives certified delivery of the notice required under subsection (2) of this section shall be considered delinquent and shall be increased by 25 percent. In addition, the state shall have a preference lien for any such fee, together with interest at the rate of 10 percent per annum from the date of delinquency, upon the property of the holder used, or necessary for use, in the development of the water right, together with any improvements erected on the property for such development. Upon notice from the Water Resources Commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed.

(4) The remedy set forth in subsection (3) of this section is in addition to any other remedy provided by law for the collection of moneys or for noncompliance with a condition of a water right order, uncertificated claim or certification under ORS 468B.040 (Certification of hydroelectric power project) or 468B.045 (Certification of change to hydroelectric power project). [1999 c.873 §7]

Notes of Decisions

Water control district, in applying for wa­ter appropria­tion permit for hydroelectric project, was exempt from licensing pro­vi­sions of these sec­tions and needed only to comply with require­ments of ORS chapter 537. Steamboaters v. Winchester Water Control Dist., 69 Or App 596, 688 P2d 92 (1984), Sup Ct review denied

Law Review Cita­tions

16 EL 583, 592 (1986)

Chapter 543

Law Review Cita­tions

16 EL 583, 593 (1986)

1 Legislative Counsel Committee, CHAPTER 543—Hydroelectric Projects, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors543.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 543, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano543.­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.