ORS 543A.071
Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes

  • response of holder

(1)

Not later than six years before the expiration of any state or federal hydroelectric license or state authorized water right issued to a federally licensed project, the Water Resources Department shall notify the holder of the date of expiration of the right or license and shall ask that the holder advise the department whether the holder intends to seek reauthorization or relicensing.

(2)

If the holder does not intend to seek reauthorization, the holder shall inform the department within 90 days after receiving notice under subsection (1) of this section of the proposed disposition of the federally licensed project.

(3)

If the holder intends to seek reauthorization, the holder shall inform the department within 90 days after receiving notice under subsection (1) of this section whether the holder intends to seek reauthorization of the water right concurrently with the federal relicensing.

(4)

A holder seeking relicensing and reauthorization concurrently:

(a)

Shall not, by applying for reauthorization, under ORS 543A.075 (Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes) and in the absence of agreement by the holder, be deemed to have accelerated the actual expiration date of the project’s water right; and

(b)

May, upon providing concurrent notification to the Federal Energy Regulatory Commission, withdraw and void its application for reauthorization at any time prior to issuance of the final water right certificate issued by the Water Resources Director without prejudice to its right to reapply for reauthorization of its water right.

(5)

Any water right issued by the Water Resources Department pursuant to an application filed under this chapter shall become effective upon the issuance of the new water right. The existing water right shall be canceled immediately upon issuance of the new water right.

(6)

A holder not electing to concurrently seek reauthorization but seeking relicensing shall notify the Water Resources Department of its position and shall indicate in the notification its plans for the project and the project’s state water right.

(7)

In the absence of agreement by the holder to pay the application fees under ORS 543A.405 (Application fees), and notwithstanding the provisions of ORS 543A.015 (Purpose), the state is not required to develop and provide a coordinated state position. [1999 c.873 §15 (enacted in lieu of 543A.070)]

Source: Section 543A.071 — Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes; response of holder, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html.

543A.005
Definitions 543A.010
Findings 543A.015
Purpose 543A.020
Policy 543A.025
Minimum standards for decision on reauthorization of water right 543A.030
Notice of intent 543A.035
Reauthorization application and public comment 543A.040
Process determination 543A.045
Public scoping meeting 543A.050
Application report 543A.055
Hydroelectric Application Review Team review of application 543A.060
Coordination of state and federal reauthorization processes 543A.065
Changes to expiration date of water right for existing project 543A.071
Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes 543A.075
Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes 543A.080
Submission of preliminary application information 543A.085
Public scoping meeting 543A.090
Mid-study status report 543A.095
Draft application 543A.100
Final application for water right 543A.105
Hydroelectric Application Review Team review of final application 543A.110
Water quality certification 543A.115
Final unified state position 543A.120
Proposed final order 543A.125
Approval or rejection of application for reauthorization 543A.130
Contested case hearing 543A.135
Exceptions to final order 543A.140
Terms, limitations and conditions of water right 543A.145
Water right certificate 543A.150
Modification of time limits 543A.300
Decommissioning 543A.305
Conversion of hydroelectric water right to in-stream water right 543A.400
Duties of Hydroelectric Application Review Team 543A.405
Application fees 543A.410
Fee schedule 543A.800
Effect of hydroelectric reauthorization process on existing rights 543A.805
Reference to licensee or license 543A.810
Effect of amendment or repeal of law
Green check means up to date. Up to date

Current through early 2024

§ 543A.071’s source at oregon​.gov