(2) Every person submitting a notice of intent to seek reauthorization of a project shall submit the fee required under ORS 536.050 (1)(r) to the Water Resources Department when the notice of intent is submitted.
(3) Before submitting an application to reauthorize a state project under ORS 543A.035, the applicant shall request from the team an estimate of the costs expected to be incurred in processing the application. The team shall inform the applicant of that amount and require the applicant to make periodic payments of such costs pursuant to a cost reimbursement agreement. The cost reimbursement agreement shall provide for payment of 25 percent of the estimated costs when the applicant submits an application under ORS 543A.035.
(4) Before the close of public comment on study proposals developed by the applicant for a federally licensed project under ORS 543A.085, the team shall estimate the costs expected to be incurred in evaluating the project. The team shall inform the applicant of that amount and require the applicant to make periodic payments of such costs pursuant to a cost reimbursement agreement. The cost reimbursement agreement shall provide for a first payment of 25 percent of the estimated costs on a schedule established in the agreement.
(5) If costs of the team’s evaluation of a project exceed the estimate in the cost reimbursement agreement, the applicant shall pay any excess costs shown in an itemized statement prepared by the team. In no event shall the team and its participating agencies incur evaluation expenses in excess of 110 percent of the fee initially estimated unless the team provided prior notification to the applicant and a detailed projected budget the team believes is necessary to complete evaluation of the application. If costs are less than the fee paid, the team shall refund the excess to the applicant.
(6) The Water Resources Department shall reimburse participating agencies for costs incurred in their review of a project. Such costs shall not include expenses of other state agencies for which a fee is otherwise collected under state law. [1997 c.449 §33; 2001 c.369 §7; 2021 c.516 §7]
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.