2021 Oregon Revised Statutes
Chapter 543 - Hydroelectric Projects
Section 543.280 - Fee payments by licensee.


(2) An applicant for a preliminary permit or license for a project or for a permit to appropriate water for power purposes shall pay to the state a project fee based on the capacity of the project to cover costs of recording, publishing notices, conducting the hearing required by ORS 543.225 and making investigations necessary to determine whether a permit should be granted.
(3) The amount of the total project fee required under subsection (2) of this section shall be:
(a) For a project of less than 100 theoretical horsepower, $1,000.
(b) For any project of 100 theoretical horsepower or more, an amount equal to $5,000 plus $1,000 per megawatt for each megawatt of capacity in excess of five megawatts, up to a maximum of $100,000.
(4) Except for projects of less than 100 theoretical horsepower, the project fee required under subsection (2) of this section shall be payable in advance before each of four stages of project review as established by rule by the Water Resources Commission. The payment schedule shall not require the applicant to pay more than $2,500 of the project fee at the first stage of project review or more than 50 percent of the total project fee in the first two stages of the project review. For a project of less than 100 theoretical horsepower, the applicant shall pay 50 percent of the fee at the time of filing the application for a preliminary permit or application for a permit to appropriate water for power purposes and the remaining 50 percent before the commission issues a license or a water right permit. A person may withdraw an application for a hydroelectric project after any stage of project review without further payment of fees under this section.
(5) In addition to the project fee required under subsection (2) of this section, any applicant for a project to be sited at a location where anadromous fish or threatened or endangered species are present shall pay a surcharge of 30 percent of the total project fee. The surcharge shall be collected in conjunction with the project fee at each stage of the project review.
(6) The commission shall provide an applicant a statement itemizing the staff time, resources and costs expended to review the application at each project stage. The statement shall include the costs expended by the State Department of Fish and Wildlife and the Water Resources Department specific to the project. [Amended by 1957 c.581 §1; 1985 c.673 §152; 1991 c.869 §9]

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.