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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