(a) Impacts of other proposed hydroelectric projects for which an application is pending before the department; or
(b) Existing hydroelectric projects in the same river basin.
(2) If the department determines that there is no possibility that the hydroelectric projects proposed in pending applications or existing projects may have cumulative effects, the Water Resources Director shall issue an order setting forth the department’s determination that there are no cumulative effects and the department’s decision that consolidated review is not required.
(3) If the department determines that pending applications or existing projects may have cumulative effects, the Water Resources Commission shall conduct a consolidated review before approving any application in the affected river basin. A consolidated review process shall be conducted as a contested case hearing under the applicable provisions of ORS chapter 183 and shall include a study of the individual and cumulative effects of proposed hydroelectric projects for which applications are pending before the department and existing hydroelectric projects. In its final order on an application, the commission or the department shall include its findings on cumulative impacts. The findings of the commission or department under this section must be sufficient to support the department’s decision to approve or deny an application.
(4) Any application for a project in the same river basin filed after the commission begins a consolidated review contested case hearing shall not be reviewed until the commission has issued final findings on cumulative effects for all projects included in the consolidated review proceeding.
(5) At the request of an applicant for a permit to appropriate water for a new hydroelectric project under ORS 537.140 to 537.320 or for a permit or license under ORS 543.010 to 543.610, the commission may immediately upon receiving such application begin the consolidated review proceeding under subsection (3) of this section. [1985 c.569 §10; 1985 c.673 §193; 1993 c.544 §8; 1995 c.229 §4; 1995 c.416 §39]
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.