ORS 543A.305
Conversion of hydroelectric water right to in-stream water right

  • exceptions

(1)

As used in this section:

(a)

“Holder” has the meaning given that term in ORS 543.075 (Definitions for ORS 543.075 to 543.092).

(b)

“In-stream water right” has the meaning given that term in ORS 537.332 (Definitions for ORS 537.332 to 537.360).

(c)

“Reauthorize” has the meaning given that term in ORS 543.075 (Definitions for ORS 543.075 to 543.092).

(2)

An in-stream water right shall be subject to the limitations of ORS 537.350 (Legal status of in-stream water right) and shall be maintained in perpetuity, in trust for the people of the State of Oregon. The priority date of the in-stream water right shall be the same as that of the converted hydroelectric water right. The location of the in-stream water right shall be the same as the point of diversion identified in the hydroelectric water right.

(3)

Five years after the use of water under a hydroelectric water right ceases, or upon expiration of a hydroelectric water right not otherwise extended or reauthorized, or at any time earlier with the written consent of the holder of the hydroelectric water right, up to the full amount of the water right associated with the hydroelectric project shall be converted to an in-stream water right, upon a finding by the Water Resources Director that the conversion will not result in injury to other existing water rights. In making the evaluation, the director shall consider the actual use of the hydroelectric project and the resulting impacts on actual use by other existing water rights as of October 23, 1999. The director may include mitigation measures as conditions of the in-stream water right to avoid injury and to ensure the continuation of authorized water uses by other existing water rights.

(4)

If the hydroelectric project is authorized by a pre-1909 unadjudicated claim of registration, the determination of injury shall be based upon an evaluation of the actual use as measured during the five years preceding the conversion action, and shall not constitute a determination under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication) as to the underlying claim of registration of the pre-1909 use. Judicial review of a final order relating to such a conversion shall be limited to review of the conversion action.

(5)

This section shall not apply to projects on boundary waters that operate with water rights issued by the State of Oregon and by any other state except upon the written request of the water right holder.

(6)

If hydroelectric production is not the sole beneficial use authorized by a water right, this section shall apply only to conversion of that portion of the water right used exclusively for hydroelectric purposes.

(7)

This section shall not apply if the holder, at any time prior to conversion under subsection (3) of this section, transfers the hydroelectric water right under ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion), except that if a time-limited hydroelectric water right is transferred under ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion), the provisions of this section shall apply at the time of expiration of the time-limited water right. [1999 c.873 §2]
Note: 543A.305 (Conversion of hydroelectric water right to in-stream water right) was added to and made a part of 543A.005 (Definitions) to 543A.410 (Fee schedule) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 543A.305 — Conversion of hydroelectric water right to in-stream water right; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html.

Notes of Decisions

Where water was used at least once every five years for in-stream purposes but not solely for hydroelectric purposes in more than five years, hydroelectric use has ceased and this section is triggered, because “use of water under a hydroelectric water right” means use of water solely for hydroelectric purposes. WaterWatch of Oregon v. Water Resources Dept., 369 Or 71, 501 P3d 507 (2021)

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.305’s source at oregon​.gov