ORS Chapter 543 - Oregon Statutes

Chapter 543 — HydroelectricProjects

 

2009 EDITION

 

 

HYDROELECTRICPROJECTS

 

WATERLAWS

 

GENERALPROVISIONS

 

543.010     Definitionsfor ORS 543.010 to 543.610

 

543.012     Applicabilityof chapter to reauthorization of existing hydroelectric project

 

543.014     Exemptionfor wave energy project; conditions

 

543.015     Policy

 

543.017     Minimumstandards for development of hydroelectric power; public interestconsiderations; rules

 

543.050     Powersof Water Resources Commission as to permits, licenses, investigations, reports,forms and examination of records

 

543.055     Hearingsand witnesses

 

543.060     Investigations;access to project, maps, books and other project data

 

HYDROELECTRICPROJECT FEES

 

543.075     Definitionsfor ORS 543.075 to 543.092

 

543.078     Annualfee for hydroelectric project

 

543.080     Projectspecific fees; summary of project specific expenditures

 

543.082     Invoicefor fees; overdue fee; interest on delinquent fees

 

543.085     Periodicreview of annual fee

 

543.088     Paymentof costs or fee for reauthorization or relicensing of project

 

543.090     Paymentof expenses of Hydroelectric Application Review Team for project operatingunder federal license and state power claim or uncertificated claim

 

543.092     Amendmentof hydroelectric water right or claim; rules; unilateral amendment of powerclaim or uncertificated claim to assess project specific fees

 

543.095     Challengesto certain statutes related to hydroelectric projects

 

APPROPRIATIONOF WATER FOR POWER; APPLICATION OF LAW

 

543.110     Appropriationand use of water for power is governed by this chapter

 

543.120     Waterpower projects to be in conformity with this chapter

 

543.140     Projectsor developments constructed by federal government excepted from law

 

543.150     Municipalcorporations and utility districts; applicability of laws; powers of commissionrespecting districts

 

543.160     Hydroelectricfacility on North Santiam River prohibited; exception

 

543.165     Hydroelectricfacility on part of Deschutes River prohibited

 

543.170     Hydroelectricfacility on Squaw Creek prohibited

 

543.175     Hydroelectricfacility on Deschutes River within City of Bend prohibited; exception

 

PRELIMINARYPERMITS; LICENSES

 

543.210     Preliminarypermits; application; contents; fee

 

543.220     Noticeof filing of application; waiting period

 

543.225     Hearingon application; notice; policy

 

543.230     Hearingson application; rules; protest

 

543.250     Permit;duration; transfer; cancellation; priority; terms and conditions; denial

 

543.255     Determinationof cumulative impacts of proposed hydroelectric power projects; consolidatedreview; applicability

 

543.260     Licenses;duration; terms and conditions; termination; denial of application; preferenceof municipality or utility district

 

543.265     Testingof fish protection measures as condition for hydroelectric project permit orlicense; scope and cost

 

543.270     Preferencein granting permit or license; municipal use

 

543.280     Feepayments by licensee

 

543.290     Filingof maps, plans, estimates and other materials; incorporation as part oflicense; alteration; further statements and data

 

543.300     Conditionsgoverning license; fees; waiver of conditions

 

543.310     Dispositionof moneys collected

 

543.320     Effectof amendment or repeal of law

 

TIMEFOR CONSTRUCTION; TERMINATION, REVOCATION OR TRANSFER OF LICENSE

 

543.410     Constructionof project; time for commencement and completion; supply of service; extensionof time; nonperformance; termination of license

 

543.420     Noncompletionof construction within prescribed time; judicial proceedings; sale of property;disposition of proceeds; rights of purchaser

 

543.430     Proceedingsafter completion of project for violation of license terms; authority of court;sale of project

 

543.440     Transferof license, rights or property; effect

 

FINANCINGOF PROJECTS; LIENS; BOND OF LICENSEE

 

543.525     ORS543.530 to 543.550 not applicable to regulated utilities

 

543.530     Issuanceby licensee of stocks, bonds or other interest without authorization of WaterResources Commission prohibited

 

543.540     Considerationfor bonds, stocks and other securities; restrictions; corporate shares; saleprice of securities; discount from face value

 

543.550     Liensprohibited; exceptions; what may be included by mortgage, trust deed or sale;determination of investment in case of sale of part

 

543.560     Bondof licensee or letter of credit securing claims of suppliers; enforcement ofobligation; action for sums due State Accident Insurance Fund Corporation

 

ACQUISITIONOF PROJECT BY STATE OR MUNICIPALITY

 

543.610     Acquisitionof project by state or municipality

 

POWERGENERATION BY DISTRICTS

 

543.650     Policy

 

543.655     Definitionsfor ORS 543.650 to 543.685

 

543.660     Authorityof district to enlarge or modify water system and power generating facilities;joint district ventures; prohibitions; sale of energy; regulations

 

543.662     Authorityof district to develop joint project with private person; restrictions

 

543.664     Rulesrelating to joint projects of districts and private persons

 

543.665     Authorityto issue revenue bonds to acquire hydroelectric facilities

 

543.670     Mannerof issuance of revenue bonds

 

543.675     Powerof eminent domain not to be exercised to acquire hydroelectric facilities

 

543.680     Compliancewith water appropriation laws required

 

543.685     Districtboard to require weatherization; Weatherization Fund; purpose

 

POWERDEVELOPMENT FEES

 

543.705     Definitionsfor ORS 543.710 to 543.730

 

543.710     Annualfee based on horsepower; exemptions; disbursement

 

543.720     Paymentof annual fee; accompanying statement; penalty for nonpayment of fees ornonfiling; lien; foreclosure; effect of filing excessive claim; computation ofhorsepower

 

543.730     Failureto file statement or pay fees as evidence of abandonment of claim; cancellationof claim, permit and water right certificate

 

USEOF EXISTING WATER RIGHT FOR HYDROELECTRIC PURPOSES

 

543.760     Definitionof water right

 

543.765     Certificateto use water for hydroelectric purposes; expedited application process; fees

 

PENALTIES

 

543.990     Penalties

 

GENERALPROVISIONS

 

      543.010Definitions for ORS 543.010 to 543.610. As used in ORS 543.010 to 543.610:

      (1)“Actual original cost” includes the sum paid to the state at the time theapplication was made for a preliminary permit; the sum paid or secured to bepaid to the state by the applicant for license at the time such application wasmade; such sums as may be paid to the United States or any department thereof;and such sums as shall have been reasonably and prudently expended inpreliminary investigations, explorations and organization expenses, asdetermined by the Water Resources Commission.

      (2)“Project” means a complete unit, improvement or development. It includes, amongother things, power houses, water wheels, conduits or pipes, dams andappurtenant works and structures, storage, diverting or forebay reservoirsconnected therewith, and primary lines transmitting power to the point ofjunction with a distributing system, or with any interconnected primary system,miscellaneous works and structures used in connection with the unit or any partthereof, rights of way, lands, flowage rights and all other properties, rightsand structures necessary or appropriate in the use, operation and maintenanceof any such unit. [Amended by 1985 c.673 §139; 1995 c.229 §1]

 

      543.012Applicability of chapter to reauthorization of existing hydroelectric project. (1) Except forthe provisions of ORS 543.300, 543.310, 543.430, 543.440, 543.610, 543.650 to543.685, 543.710, 543.720, 543.730 and 543.990, nothing in this chapter shallapply to the reauthorization of an existing project.

      (2)All references in ORS 543.300, 543.310, 543.430, 543.440, 543.610, 543.650 to543.685, 543.710, 543.720, 543.730 and 543.990 to a license or a license issuedunder ORS 543.010 to 543.610 also shall be considered a reference to a waterright issued under ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050,543.012 and 543.710 and ORS chapter 543A. [1997 c.449 §42]

 

      543.014Exemption for wave energy project; conditions. A wave energyproject is exempt from regulation under this chapter, except as provided in ORS543.050 (3), 543.055 and 543.060 if:

      (1)The project generates electricity from wave energy;

      (2)The project is located within Oregon’s territorial sea, as defined in ORS196.405;

      (3)The nominal electric generating capacity, as defined in ORS 469.300, of theproject does not exceed five megawatts; and

      (4)A license under the Federal Power Act, 16 U.S.C. 791a et seq., is not requiredto either construct or operate the project. [2007 c.212 §2; 2009 c.405 §§1,2]

 

      Note: The amendmentsto 543.014 by section 1, chapter 405, Oregon Laws 2009, apply to wave energyprojects for which an application was filed on or after June 18, 2009, and onor before the earlier of December 31, 2009, or the adoption date of pertinentamendments to the Territorial Sea Plan. See section 3, chapter 405, Oregon Laws2009. The text of 543.014 applicable to wave energy projects for which anapplication was filed during that limited period is set forth for the user’sconvenience.

      543.014. (1) A waveenergy project is exempt from regulation under this chapter, except as providedin ORS 543.050 (3), 543.055 and 543.060 if:

      (a)The project generates electricity from wave energy;

      (b)The project is located within Oregon’s territorial sea, as defined in ORS196.405;

      (c)The nominal electric generating capacity, as defined in ORS 469.300, of theproject does not exceed five megawatts; and

      (d)A license under the Federal Power Act, 16 U.S.C. 791a et seq., is not requiredto either construct or operate the project.

      (2)A wave energy project not covered by the exemption in subsection (1) of thissection is exempt from the minimum standards specified in ORS 543.017 if:

      (a)The project generates electricity from wave energy;

      (b)The project is located within Oregon’s territorial sea, as defined in ORS196.405;

      (c)The nominal electric generating capacity, as defined in ORS 469.300, of theproject does not exceed five megawatts;

      (d)A license under the Federal Power Act, 16 U.S.C. 791a et seq., is required toeither construct or operate the project and the license provides for adaptivemanagement to prevent or mitigate unexpected adverse impacts on theenvironment, fish and wildlife resources and commercial fishing and recreation;and

      (e)The project is constructed and operated subject to an agreement with the WaterResources Department, State Department of Fish and Wildlife, Department ofState Lands, Department of Land Conservation and Development, Department ofEnvironmental Quality, State Department of Energy and State Parks andRecreation Department.

      (3)The agreement specified in subsection (2)(e) of this section:

      (a)Must provide for the collection and analysis of information necessary ordesirable to determine, and measures to prevent or mitigate, the impact of theproject on the environment, fish and wildlife resources and commercial fishingand recreation; and