(2) If the holder does not intend to seek reauthorization, the holder shall inform the department within 90 days after receiving notice under subsection (1) of this section of the proposed disposition of the federally licensed project.
(3) If the holder intends to seek reauthorization, the holder shall inform the department within 90 days after receiving notice under subsection (1) of this section whether the holder intends to seek reauthorization of the water right concurrently with the federal relicensing.
(4) A holder seeking relicensing and reauthorization concurrently:
(a) Shall not, by applying for reauthorization, under ORS 543A.075 and in the absence of agreement by the holder, be deemed to have accelerated the actual expiration date of the project’s water right; and
(b) May, upon providing concurrent notification to the Federal Energy Regulatory Commission, withdraw and void its application for reauthorization at any time prior to issuance of the final water right certificate issued by the Water Resources Director without prejudice to its right to reapply for reauthorization of its water right.
(5) Any water right issued by the Water Resources Department pursuant to an application filed under this chapter shall become effective upon the issuance of the new water right. The existing water right shall be canceled immediately upon issuance of the new water right.
(6) A holder not electing to concurrently seek reauthorization but seeking relicensing shall notify the Water Resources Department of its position and shall indicate in the notification its plans for the project and the project’s state water right.
(7) In the absence of agreement by the holder to pay the application fees under ORS 543A.405, and notwithstanding the provisions of ORS 543A.015, the state is not required to develop and provide a coordinated state position. [1999 c.873 §15 (enacted in lieu of 543A.070)]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects
Section 543A.005 - Definitions.
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.060 - Coordination of state and federal reauthorization processes.
Section 543A.065 - Changes to expiration date of water right for existing project.
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.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.