(2) Every application for the appropriation of water for the generation of electricity subject to the terms of ORS 543.010 to 543.610 shall be subject to protest or remonstrance on behalf of the public, or any district organized for public purposes, or any interested private person, on the ground that the proposed construction, development or improvement would damage or destroy the use or utility of the stream or other body of water involved for other beneficial purposes, including propagation of fish, scenic, aesthetic, recreational, park, highway or other beneficial use. All protests and remonstrances under this subsection must be filed with the commission within the time specified in the notice and must be in writing and verified by the parties protesting, and a certified copy thereof shall be served upon the applicant for the permit. However, in the discretion of the administrative law judge, at the time of the hearing any interested party may make an oral protest if there exists any good reason therefor, and the administrative law judge shall allow the applicant to be heard in opposition thereto. Every protest or remonstrance under this subsection which is not filed and served as required in this subsection shall be deemed waived. [Amended by 1955 c.673 §4; 1955 c.707 §40; 1961 c.224 §18; 1993 c.544 §7; 1995 c.416 §41; 1999 c.849 §115; 2003 c.75 §98]
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.