(2) If any holder fails to pay the fees required under ORS 543.078 or 543.080 within 15 days after the date specified in the invoice, the department shall notify the holder of the amount and nature of the overdue fee. Any such notice shall be sent to the holder by certified mail and shall include notification that the holder has 30 days from the date of the certified delivery of the notice to pay the overdue fee or the holder shall be subject to the late payment penalty provisions of subsection (3) of this section.
(3) Any fee that is not paid within 30 days of the date a holder receives certified delivery of the notice required under subsection (2) of this section shall be considered delinquent and shall be increased by 25 percent. In addition, the state shall have a preference lien for any such fee, together with interest at the rate of 10 percent per annum from the date of delinquency, upon the property of the holder used, or necessary for use, in the development of the water right, together with any improvements erected on the property for such development. Upon notice from the Water Resources Commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed.
(4) The remedy set forth in subsection (3) of this section is in addition to any other remedy provided by law for the collection of moneys or for noncompliance with a condition of a water right order, uncertificated claim or certification under ORS 468B.040 or 468B.045. [1999 c.873 §7]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 543 - Hydroelectric Projects
Section 543.010 - Definitions for ORS 543.010 to 543.610.
Section 543.012 - Applicability of chapter to reauthorization of existing hydroelectric project.
Section 543.013 - Applicability of chapter and ORS chapter 543A to ocean renewable energy facility.
Section 543.055 - Hearings and witnesses.
Section 543.075 - Definitions for ORS 543.075 to 543.092.
Section 543.078 - Annual fee for hydroelectric project.
Section 543.080 - Project specific fees; summary of project specific expenditures.
Section 543.082 - Invoice for fees; overdue fee; interest on delinquent fees.
Section 543.085 - Periodic review of annual fee.
Section 543.088 - Payment of costs or fee for reauthorization or relicensing of project.
Section 543.095 - Challenges to certain statutes related to hydroelectric projects.
Section 543.160 - Hydroelectric facility on North Santiam River prohibited; exception.
Section 543.165 - Hydroelectric facility on part of Deschutes River prohibited.
Section 543.170 - Hydroelectric facility on Isqúulktpe Creek prohibited.
Section 543.210 - Preliminary permits; application; contents; fee.
Section 543.220 - Notice of filing of application; waiting period.
Section 543.225 - Hearing on application; notice; policy.
Section 543.230 - Hearings on application; rules; protest.
Section 543.280 - Fee payments by licensee.
Section 543.300 - Conditions governing license; fees; waiver of conditions.
Section 543.525 - ORS 543.530 to 543.550 not applicable to regulated utilities.
Section 543.610 - Acquisition of project by state or municipality.
Section 543.655 - Definitions for ORS 543.650 to 543.685.
Section 543.665 - Authority to issue revenue bonds to acquire hydroelectric facilities.
Section 543.685 - District board to require weatherization; Weatherization Fund; purpose.