ORS 543.610
Acquisition of project by state or municipality


(1)

Upon not less than two years’ notice in writing the state, or any municipality thereof, shall have the right at any time to take over and thereafter to maintain and operate any project constructed under a license pursuant to ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality), upon payment of just compensation, including such reasonable damages, if any, to valuable, serviceable and dependent property of the holder of the license, not taken over, as may be caused by the severance therefrom of the property taken, and shall assume all contracts entered into by the licensee which are required to have and do have the express approval of the Water Resources Commission. If the sum to be paid cannot be agreed upon by the holder of the license and the municipality or the state, as the case may be, it shall be determined in a proceeding in equity instituted by the state or municipality, as the case may be, in the circuit court of the county in which the major part of the project is located.

(2)

There is also expressly reserved to the state, and any municipality thereof, the right to take over all or any part of any project by condemnation proceedings as may be provided by the laws of Oregon or the charter of any such municipality. [Amended by 1983 c.799 §8]

Source: Section 543.610 — Acquisition of project by state or municipality, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html.

Notes of Decisions

It is highly doubtful that legislature in enacting statutory scheme relating to water power resources of state intended to include public utility districts within meaning of word “municipality” of this section. Emerald PUD v. PP&L, 76 Or App 583, 711 P2d 179 (1985), Sup Ct review denied

543.010
Definitions for ORS 543.010 to 543.610
543.012
Applicability of chapter to reauthorization of existing hydroelectric project
543.013
Applicability of chapter and ORS chapter 543A to ocean renewable energy facility
543.015
Policy
543.017
Minimum standards for development of hydroelectric power
543.050
Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records
543.055
Hearings and witnesses
543.060
Investigations
543.075
Definitions for ORS 543.075 to 543.092
543.078
Annual fee for hydroelectric project
543.080
Project specific fees
543.082
Invoice for fees
543.085
Periodic review of annual fee
543.088
Payment of costs or fee for reauthorization or relicensing of project
543.090
Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim
543.092
Amendment of hydroelectric water right or claim
543.095
Challenges to certain statutes related to hydroelectric projects
543.110
Appropriation and use of water for power is governed by this chapter
543.120
Water power projects to be in conformity with this chapter
543.140
Projects or developments constructed by federal government excepted from law
543.150
Municipal corporations and utility districts
543.160
Hydroelectric facility on North Santiam River prohibited
543.165
Hydroelectric facility on part of Deschutes River prohibited
543.170
Hydroelectric facility on Isqúulktpe Creek prohibited
543.175
Hydroelectric facility on Deschutes River within City of Bend prohibited
543.210
Preliminary permits
543.220
Notice of filing of application
543.225
Hearing on application
543.230
Hearings on application
543.250
Permit
543.255
Determination of cumulative impacts of proposed hydroelectric power projects
543.260
Licenses
543.265
Testing of fish protection measures as condition for hydroelectric project permit or license
543.270
Preference in granting permit or license
543.280
Fee payments by licensee
543.290
Filing of maps, plans, estimates and other materials
543.300
Conditions governing license
543.310
Disposition of moneys collected
543.320
Effect of amendment or repeal of law
543.410
Construction of project
543.420
Noncompletion of construction within prescribed time
543.430
Proceedings after completion of project for violation of license terms
543.440
Transfer of license, rights or property
543.525
ORS 543.530 to 543.550 not applicable to regulated utilities
543.530
Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited
543.540
Consideration for bonds, stocks and other securities
543.550
Liens prohibited
543.560
Bond of licensee or letter of credit securing claims of suppliers
543.610
Acquisition of project by state or municipality
543.650
Policy
543.655
Definitions for ORS 543.650 to 543.685
543.660
Authority of district to enlarge or modify water system and power generating facilities
543.662
Authority of district to develop joint project with private person
543.664
Rules relating to joint projects of districts and private persons
543.665
Authority to issue revenue bonds to acquire hydroelectric facilities
543.670
Manner of issuance of revenue bonds
543.675
Power of eminent domain not to be exercised to acquire hydroelectric facilities
543.680
Compliance with water appropriation laws required
543.685
District board to require weatherization
543.705
Definitions for ORS 543.710 to 543.730
543.710
Annual fee based on horsepower
543.720
Payment of annual fee
543.730
Failure to file statement or pay fees as evidence of abandonment of claim
543.760
Definition of water right
543.765
Certificate to use water for hydroelectric purposes within artificial delivery system
543.990
Penalties
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