ORS 543A.095
Draft application


(1)

Not later than one year before the applicant files a final application with the Federal Energy Regulatory Commission to reauthorize the federal license for the hydroelectric project, the applicant shall file with the Hydroelectric Application Review Team:

(a)

A draft application for a water right for the project, which shall be the Federal Energy Regulatory Commission draft application; and

(b)

Information regarding potential water quality impacts of the project.

(2)

The applicant shall provide the team with copies of any agency and public comment submitted to the applicant in the Federal Energy Regulatory Commission proceedings or in the state reauthorization proceedings.

(3)

The applicant shall include with the application required under subsection (1) of this section the final report on the studies conducted pursuant to ORS 543A.085 (Public scoping meeting).

(4)

Upon receipt of the draft application, the team shall identify in writing to the applicant any informational and analytical deficiencies. Subject to any identified deficiencies, the team shall prepare a provisional state position on:

(a)

Whether, and under what conditions, the Water Resources Department should issue the water right;

(b)

Whether the project would comply with ORS 468B.040 (Certification of hydroelectric power project) and water quality standards adopted by the Environmental Quality Commission, and what conditions might be appropriate under 33 U.S.C. 1341(d); and

(c)

Recommendations to the Federal Energy Regulatory Commission under 16 U.S.C. 803(j).

(5)

Upon completion of the provisional state position, the team shall give public notice of the availability of the provisional state position. The notice shall allow 30 days for the public to comment on the provisional state position.

(6)

Based on comments received during the 30-day public comment period allowed under subsection (5) of this section, the team may revise the provisional state position. The team also shall resolve any conflict between agencies about the provisional state position.

(7)

After considering agency and public comments, resolving interagency conflicts and making any necessary revisions, but no later than 160 days before the date by which the final application must be filed with the Federal Energy Regulatory Commission, the team shall provide the applicant with the provisional unified position of the state. However, the provisional unified position shall not constitute a final agency determination or action under any authority. [1997 c.449 §19; 2001 c.369 §3]

Source: Section 543A.095 — Draft application, 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
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