(2) The provisions of ORS 758.300 to 758.320 shall not be construed to restrict the formation of homeowners associations pursuant to ORS chapter 94, cooperatives pursuant to ORS chapter 62 or districts pursuant to ORS chapter 198 within the designated exclusive service territory of a water utility. A homeowners association, cooperative or district may petition the Public Utility Commission for an order excluding the association, cooperative or district from the exclusive service territory of a water utility. Upon a showing by the association, cooperative or district that exclusion is not detrimental to the public interest, the commission may issue an order excluding the association, cooperative or district from the exclusive service territory of a water utility.
(3) The commission shall recognize the service territories of a water utility that has an existing franchise on October 23, 1999, with a municipality as exclusive service territories. Upon application as provided in ORS 758.302, any such water utility may request an order from the commission to designate exclusive service territories in addition to those identified in the franchise agreement if the water utility is providing adequate and exclusive service to areas outside the areas identified in the franchise agreement.
(4) A district, as defined in ORS 198.010, that provides water utility service shall be exempt from the requirements of ORS 758.302. However, upon request of the commission, the district shall provide to the commission a map of its service territory and shall in all other respects comply with the requirements of ORS 758.300 to 758.320. [1999 c.695 §8; 2003 c.202 §6]
Note: See note under 758.300.
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration
Section 758.010 - Authority to construct lines and facilities; requirements and conditions.
Section 758.015 - Certificate of public convenience and necessity.
Section 758.020 - Joint occupancy of poles.
Section 758.035 - Commission’s power to enforce joint use of facilities.
Section 758.125 - Duties and rights not altered by ORS 758.120.
Section 758.215 - Definitions for ORS 758.210 to 758.270.
Section 758.225 - Petition, ordinance or resolution for conversion; contents; filing.
Section 758.230 - Assessment procedure; objections to conversion.
Section 758.240 - Contract with utility for conversion.
Section 758.245 - Payment of costs for conversion; removal of overhead facilities.
Section 758.250 - Conversion of facilities on private lands; procedure; payment of costs.
Section 758.280 - Definitions for ORS 758.280 to 758.286.
Section 758.282 - Immunity of electric utility for pruning or removing vegetation in certain cases.
Section 758.286 - Immunity not applicable to liability for cost of abating fires.
Section 758.300 - Definitions for ORS 758.300 to 758.320.
Section 758.302 - Application for exclusive service territory.
Section 758.305 - Exclusive service territories.
Section 758.315 - Water utility service provided by persons not designated by commission; remedy.
Section 758.400 - Definitions for ORS 758.015 and 758.400 to 758.475.
Section 758.410 - Contracts for allocation of territories and customers; transfer of facilities.
Section 758.420 - Filing of contract; hearing on contract; notice.
Section 758.425 - Order of commission on contract.
Section 758.435 - Application for allocation of territory; hearing; notice.
Section 758.440 - Order of commission on application.
Section 758.460 - Assignment or transfer of rights acquired by allocation; approval of commission.
Section 758.470 - Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475.
Section 758.480 - Assumption of obligations arising out of Trojan Nuclear Plant.
Section 758.505 - Definitions for ORS 758.505 to 758.555.
Section 758.515 - Legislative findings.
Section 758.535 - Criteria for qualifying facility; terms and conditions of energy sale.
Section 758.545 - Electric utility required to make good faith effort to transmit energy; remedy.