2021 Oregon Revised Statutes
Chapter 543 - Hydroelectric Projects
Section 543.095 - Challenges to certain statutes related to hydroelectric projects.


(2) No person shall be estopped or precluded from challenging the constitutionality or validity of any provision of chapter 449, Oregon Laws 1997, or the provisions of chapter 873, Oregon Laws 1999, as a result of having received or sought benefits under, complied with, paid fees under or filed an application under those statutes, or as a result of having participated in their drafting, enactment or implementation.
(3) Nothing in this section shall be construed to imply that a person is estopped or precluded from challenging the validity or constitutionality of any statute as a result of having participated in the drafting, enactment or implementation of the legislation that resulted in the enactment of such statute. [1999 c.873 §29]
Note: Legislative Counsel has substituted "chapter 873, Oregon Laws 1999," for the words "this 1999 Act" in section 29, chapter 873, Oregon Laws 1999, compiled as 543.095. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 1999 Comparative Section Table located in Volume 22 of ORS.
Note: 543.095 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

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 543.015 - Policy.

Section 543.017 - Minimum standards for development of hydroelectric power; public interest considerations; rules.

Section 543.050 - Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records.

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 543.090 - Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim.

Section 543.092 - Amendment of hydroelectric water right or claim; rules; unilateral amendment of power claim or uncertificated claim to assess project specific fees.

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 543.175 - Hydroelectric facility on Deschutes River within City of Bend prohibited; exception.

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 543.255 - Determination of cumulative impacts of proposed hydroelectric power projects; consolidated review; applicability.

Section 543.260 - Licenses; duration; terms and conditions; termination; denial of application; preference of municipality or utility district.

Section 543.265 - Testing of fish protection measures as condition for hydroelectric project permit or license; scope and cost.

Section 543.280 - Fee payments by licensee.

Section 543.290 - Filing of maps, plans, estimates and other materials; incorporation as part of license; alteration; further statements and data.

Section 543.300 - Conditions governing license; fees; waiver of conditions.

Section 543.410 - Construction of project; time for commencement and completion; supply of service; extension of time; nonperformance; termination of license.

Section 543.525 - ORS 543.530 to 543.550 not applicable to regulated utilities.

Section 543.530 - Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited.

Section 543.610 - Acquisition of project by state or municipality.

Section 543.655 - Definitions for ORS 543.650 to 543.685.

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

Section 543.665 - Authority to issue revenue bonds to acquire hydroelectric facilities.

Section 543.685 - District board to require weatherization; Weatherization Fund; purpose.

Section 543.720 - Payment of annual fee; accompanying statement; penalty for nonpayment of fees or nonfiling; lien; foreclosure; effect of filing excessive claim; computation of horsepower.

Section 543.730 - Failure to file statement or pay fees as evidence of abandonment of claim; cancellation of claim, permit and water right certificate.

Section 543.760 - Definition of water right.

Section 543.765 - Certificate to use water for hydroelectric purposes within artificial delivery system; expedited application process; certificate conditions; annual payments; fees.

Section 543.990 - Penalties.