2021 Oregon Revised Statutes
Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects
Section 543A.040 - Process determination.


(2) If the team decides that sufficient information is available to determine whether reauthorization of the water right for the state project will comply with ORS 543A.025, the team shall proceed with expedited processing of the reauthorization application. The team shall review the application and any public comments received on the application and prepare a draft proposed final order, including findings of fact and conclusions of law, for the water right. Upon completion of the draft proposed final order, the team shall give public notice of the draft proposed final order in the weekly notice published by the Water Resources Department. The notice shall include a request for comments on the draft proposed final order.
(3) Within 60 days after the public notice under subsection (2) of this section, any person interested in the draft proposed final order shall submit written comments to the team. A person who submits written comments under this subsection shall identify the provision of the draft proposed final order in question and specify why the person objects to or supports the provision. The team shall review the comments received and may revise the draft proposed final order. Unless the department receives a request under subsection (4) of this section, the team shall submit a proposed final order to the department within 30 days after the close of the period for public comment on the draft proposed final order.
(4) If the draft proposed final order prepared by the team under subsection (2) of this section proposes to deny the application for reauthorization of the water right, the applicant may request the department to process the application in accordance with ORS 543A.045 to 543A.055. The applicant shall submit a request under this subsection within the 60-day period allowed for public comment on the draft proposed final order.
(5) Unless the department receives a request under subsection (4) of this section, the department shall issue the proposed final order in accordance with the provisions of ORS 543A.120 to 543A.300.
(6) If the team determines that additional information is necessary to determine whether reauthorization of the state project will comply with ORS 543A.025, the applicant shall comply with the process established in ORS 543A.045 to 543A.055 and 543A.120 to 543A.300. [1997 c.449 ยง8]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects

Section 543A.005 - Definitions.

Section 543A.020 - Policy.

Section 543A.025 - Minimum standards for decision on reauthorization of water right; rules.

Section 543A.030 - Notice of intent.

Section 543A.035 - Reauthorization application and public comment.

Section 543A.040 - Process determination.

Section 543A.045 - Public scoping meeting.

Section 543A.055 - Hydroelectric Application Review Team review of application; draft proposed final order; public comment.

Section 543A.060 - Coordination of state and federal reauthorization processes.

Section 543A.065 - Changes to expiration date of water right for existing project.

Section 543A.071 - Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes; response of holder.

Section 543A.075 - Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes.

Section 543A.080 - Submission of preliminary application information.

Section 543A.085 - Public scoping meeting.

Section 543A.090 - Mid-study status report; public meeting; period for comment on status report.

Section 543A.095 - Draft application.

Section 543A.105 - Hydroelectric Application Review Team review of final application; unified state position in federal proceeding.

Section 543A.110 - Water quality certification.

Section 543A.115 - Final unified state position.

Section 543A.120 - Proposed final order.

Section 543A.125 - Approval or rejection of application for reauthorization.

Section 543A.130 - Contested case hearing; final order.

Section 543A.135 - Exceptions to final order.

Section 543A.140 - Terms, limitations and conditions of water right.

Section 543A.145 - Water right certificate.

Section 543A.150 - Modification of time limits.

Section 543A.300 - Decommissioning; rules.

Section 543A.305 - Conversion of hydroelectric water right to in-stream water right; exceptions.

Section 543A.400 - Duties of Hydroelectric Application Review Team.

Section 543A.405 - Application fees.

Section 543A.410 - Fee schedule; appeal.

Section 543A.800 - Effect of hydroelectric reauthorization process on existing rights.

Section 543A.810 - Effect of amendment or repeal of law.