(a) The facility is located on an existing irrigation diversion facility or structure constructed by persons.
(b) The operation of the facility would not require any water in addition to water appropriated for irrigation purposes.
(c) Operation of the facility would be limited to the period of time during which water is diverted for irrigation purposes and the diversion would not be extended for the purpose of hydroelectric power generation.
(2) Subsection (1) of this section shall not apply to the construction and maintenance of or the issuance of a permit for a hydroelectric facility or structure for which the hearing record is closed on or before the July 12, 1985, whether or not the record is later reopened by or at the direction of the Water Resources Commission for any reason.
(3) As used in this section, "Upper Deschutes River" means that portion of the mainstem Deschutes River between the North Canal Dam at approximately river mile 165 and the head waters of the Deschutes River. [1985 c.560 §3]
Note: 543.175 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
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.