justicedao/ipfs_state_laws huggingface dataset:
690-051-0250 Land Resources In order to approve an application, the Director shall apply the following standards: (1) Adverse impacts on high value or important farmlands or agricultural land as identified in OAR Chapter 660, Division 33, shall be avoided, minimized or offset by acceptable mitigation. (2) Adverse impacts on prime forestlands as defined by the city or county and by the Oregon Forestry Department shall be avoided, minimized, or offset by acceptable mitigation. (3) Adverse impacts on wetlands as defined by OAR 141 085 or identified by the Department of State Lands will be avoided, minimized, or offset by acceptable mitigation. (4) Project facilities shall be designed and located to avoid or minimize adverse impacts on: (a) Outstanding scenic and aesthetic views and sights inventoried in city and county comprehensive plans as required by Statewide Planning Goal 5; and (b) Scenic and aesthetic resources identified by state or federal agencies as outstanding, significant or deserving special protection including natural areas designated under ORS 273.563 to 273.591. (5) Project facilities will be designed and located to blend with adjacent features. (6) Mechanical noise caused by the project complies with applicable noise standards in OAR Chapter 340, Division 35. (7) The location, design, construction or operation of the project will not: (a) Disturb fragile or unstable soils; or (b) Cause soil erosion which would impair other water uses. (8) Project facilities located in geologically unstable areas are designed with appropriate safeguards. (9) Project facilities located in areas subject to naturally occurring conditions or hazards, such as flooding or ice formation are designed to withstand damage to project facilities and allow reasonable access for project maintenance or operation under such conditions. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0260 Land Use (1) The Director or Commission shall meet requirements established in OAR 690-005-0045 (Standards for Goal Compliance and compatibility with Acknowledged Comprehensive Plans) in evaluating, or taking action on, a Permit or License for hydroelectric use. (2) In the event of a land use dispute, as defined in OAR 690-005-0015 (Definitions), the Department shall follow resolution procedures provided in 690-005-0040 (Resolution of Land Use Disputes). Statutory/Other Authority: ORS 197, 536.025, 536.027, 537 & 543 History: WRD 2-1993, f. & cert. ef. 5-19-93 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 14-1986, f. & ef. 10-13-86
690-051-0280 Need for Power In order to approve an application, the Director, shall make a finding on the need for power. In making this finding the Director shall consider the present and future power needs, taking into consideration: (1) Whether there is a need for project power based upon: (a) Consultation with the Oregon Department of Energy on the most current regional power plan for an analysis of need for development of hydropower or renewable energy resources within the Columbia River region; or (b) Evidence of a contract for the sale of power, and (c) For projects greater than 25 MW, any recommendation by the Energy Facility Siting Council based on information contained in the hearing record for the application. (2) Section (1) of this rule shall not apply to applications for the following types of projects: (a) Small facilities intended to supply power for on site uses; (b) Projects which primarily use existing storage, diversion or water conveyance facilities where the operation of the power project will foster reductions in water losses or increases in the efficiency of water use; (c) Multiple purpose projects where the project is based primarily on other uses and in which power is a compatible project purpose; or (d) Projects by public or municipal utilities which will serve only the applicant utility's customers. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0300 Interim Orders If, after reviewing an application for a Permit under ORS 537.170, the Director determines there is insufficient information to address the standards of OAR 690-051-0170 to 690-051-0280, the Director may either enter an order rejecting the application without prejudice or enter an interim order continuing the hearing and specifying the nature of any studies or information necessary to complete the assessment. An interim order may also contain provisions for coordination or consultation with applicable federal, state or local governmental resource agencies and owners of all lands in the project area. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0320 Competing Applications (1) When filed with the Director, a notice of competing application shall also be served on other applicants for the same site. (2) A competing application shall be filed with the Director within 180 days of the time the original application is filed. If a hearing notice for the original application has been published before 180 days have passed, a notice of intent to file a competing application shall be filed. The notice of intent shall be filed prior to the closing date for comments as stated in the hearing notice. The competing application itself shall be filed within 60 days of the comment closing date. (3) When determining which competing application should be given preference, the Director shall consider: (a) Conservation of the waterpower involved including: (A) Efficiency within the system; (B) Effect on instream fisheries; (C) Water quality; and (D) Other factors as the Director may deem appropriate. (b) Use of the waterpower involved including: (A) Availability of water; (B) Existing rights; (C) Development of the available hydroelectric potential; and (D) Other factors as the Director may deem appropriate. (4) If the Director finds that both applications are equally well adapted to conserve and utilize the waterpower involved and are equal in every other way, preference shall be given to the application with the earliest filing date. (5) If the Director finds that both applications are equally well adapted to conserve and utilize the waterpower involved and one applicant is a municipal corporation and the other is a private developer, preference shall be given to the municipal corporation. (6) If the Director finds that both applications are equally well adapted to conserve and utilize the waterpower involved and one applicant is the holder of a valid Preliminary Permit and has priority under ORS 543.250, preference shall be given to the holder of the Preliminary Permit. (7) Where one application is determined to be best adapted to conserve and utilize the water power involved and the other applicant is either a municipal corporation or has priority as the holder of a Preliminary Permit, the municipal corporation or holder of the Preliminary Permit shall be informed of specific reasons why its application is not as well adapted and shall be afforded a reasonable period of time to amend its application to be at least as well adapted as the competing application. If its application is amended to be at least as well adapted within the time allowed, preference will be given to the municipal corporation or holder of the Preliminary Permit. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0350 Minor Projects, Waiver of Provisions of Act Where the Licensee is Not a Public Utility For minor projects of not more than 100 THP, the Director in issuing Licenses waives the following conditions, provisions, and requirements of ORS Chapter 543: (1) ORS 543.530 which relates to the issuance of bonds or other evidence of indebtedness and the control thereof by the Commission. (2) ORS 543.550 relating to liens against the project and providing that any sale shall be of the whole property embraced in the project unless a partial sale is approved by the Director. (3) ORS 543.560 which requires the Licensee to execute to the State of Oregon a bond to the effect that the Licensee shall promptly make payment to all persons supplying labor, material, machinery, etc. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0380 Water Rights The right to the use of the waters of the State of Oregon in connection with the development of any water power project for the generation of electricity under a License issued by the Director shall be vested in the Licensee while the License or any lawful extension is in force. Each License shall be conditioned so the right to use water is expressly made inferior in right and subsequent in time to any future appropriation of water upstream for beneficial consumptive use. On termination of the License, the right to use water may be converted as provided in ORS 543A.305. In case a project is taken over by the state or a municipality under the provisions of ORS 543.610, the right to use the waters previously used by the project shall continue in the state or the municipality until lawfully terminated, transferred, or converted as provided in ORS 543A.305. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0390 Failure to Construct Project or Utilize Water (1) When starting construction, a Licensee must notify the Director using the form attached to the License. Similar notice must be sent to the Director when the project is completed. (2) Whenever a Licensee fails to begin or complete construction work within the time fixed in the License or as lawfully extended or fails to proceed with construction with due diligence, or, after completing the work, fails to use or operate the project for any period of five consecutive years, the Director shall, after due notice given, terminate the License by a written order. If, after two years’ nonuse of the Licensed project there is a conflicting application for or claim to use of the water, the Licensee may be required by the Director to show why the conflicting application should not be granted and the License in question terminated. (3) The holder of a Preliminary Permit may request an extension of time to complete feasibility studies and prepare a License application. A Licensee may request an extension of time to begin or complete construction under a hydroelectric license. Extension requests shall be made on forms provided by the Director or on an acceptable substitute prepared by the applicant. (4) Applications for extensions of time must contain the following information: (a) Name, address and telephone number of the applicant; (b) File number and type of Permit or License; (c) Length of extension requested; and (d) Work previously completed. (5) In considering applications for extension of time, the Director shall consider: (a) Preliminary Permits (additional one-year maximum) including: (A) Adequacy and timeliness of required six-month reports; and (B) Studies completed within the term of Permit. (b) Beginning of construction under License (one extension for maximum of two additional years); and (c) Time to completion of construction (no statutory limit) including: (A) Whether an extension is in the public interest; and (B) Whether construction has been carried on in good faith and with reasonable diligence. (6) No legally allowable request for extension of time shall be denied if the reasons for delay are litigation or required actions by other state and federal agencies. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0400 Application Filing Fees (1) 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. (2) The amount of the total project fee required under section (1) of this rule 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; (3) The project fee shall be payable in advance of each of four stages of project review as described in OAR 690 051 0095 as follows: (a) For minor projects less than 100 theoretical horsepower, fifty percent of the fee at the time the application is filed and the fifty percent remaining fee charge when the License is issued; (b) For major projects, the fee shall be collected as follows: (A) Stage One 20 percent; not to exceed $2,500; (B) Stage Two 30 percent; (C) Stage Three 30 percent; (D) Stage Four 20 percent. (c) If any stage is skipped, the fee at the time of submittal shall be the total application fee due up to and including the stage of current application review. (4) In addition to the project fee required under 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. Statutory/Other Authority: ORS 536.025, 536.027, 537, 543 & ORS 543.078 Statutes/Other Implemented: ORS 543.078 History: WRD 1-2022, amend filed 03/22/2022, effective 03/23/2022 WRD 1-2021, temporary amend filed 12/10/2021, effective 12/10/2021 through 06/07/2022 WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0410 Agreements Between Municipal and Private Applicants (1) A district or municipal applicant and a private applicant may contract together for the purpose of developing hydroelectric power. The joint project may receive the benefit of municipal preference and proceed under the municipal application process if the benefit, interest and control retained by the district or municipal corporation is as follows: (a) A minimum of 10 percent of the gross or 30 percent of the net project income annually, at the option of the applicant, unless excepted by the Commission; (b) The proprietary interest in the project lands; and (c) Control over the operation of the project to the extent the district or municipal corporation can assure: (A) Compliance with all regulations conditions and orders of the Director, or in cases where the final order is approved by the Commission, the Commission, affecting the project; (B) Maintenance of flow, fish passage facilities, screening devices and other structural facilities and operational measures required by the Director, or in cases where the final order is approved by the Commission, the Commission or the Oregon Department of Fish and Wildlife; and (C) Payment of annual fees required by ORS 543.710 and 543.720 and expenses required by any agreement developed under ORS 543.265. (2) Any changes in the terms of a contract between a district/municipal corporation and private applicant that affect section (1) of this rule, shall first be approved by the Director. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 2-1993, f. & cert. ef. 5-19-93 RD 14-1986, f. & ef. 10-13-86
690-052-0000 Purpose (1) The purpose of this division is to establish a process, create definitions, standards, procedures, filing requirements, and appeal rights for the decommissioning of hydroelectric projects operating solely under state authority and not under the authority of the Federal Energy Regulatory Commission. (2) These rules apply to projects where the holder of a license, certificate, or claim, operating solely under state authority: (a) Voluntarily requests to decommission; or (b) Fails to advise the Department regarding project reauthorization, according to ORS 543A.300. (3) These rules do not apply to projects that voluntarily requested license cancellation prior to June 30, 1997, the effective date of Oregon Laws 1997, Chapter 449. (4) Other rule divisions and statutory chapters may also apply to the decommissioning of a hydroelectric project subject to these rules. Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26 Statutes/Other Implemented: ORS 543.092, 543 & 543A History: WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0010 Definitions As used in OAR 690-052-0020 to 690-052-0160: (1) "Dam" means an artificial barrier constructed above ground to impound or divert the natural flow of water in a river, stream or intermittent drainage, or to otherwise create by artificial barrier constructed above ground a pool for storage of water regardless of purpose or intent in creating the artificial barrier. (2) "Director" means the Director of the Water Resources Department. (3) "Injury" has the meaning given in OAR 690-015-0005(5). (4) "Instream water right" has the meaning given that term in ORS 537.332. (5) "Operator" means a person who owns or operates a hydroelectric project under the authority of a time-limited water right or a certified water right, including a registered claim for hydroelectric purposes that has a pre-1909 priority date. (6) "Project" has the meaning given that term in ORS 543.010(2). Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26 Statutes/Other Implemented: ORS 543.092, 543 & 543A History: WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0020 Initiation of Decommissioning Process (1) If an operator does not submit a notice of intent to reauthorize under ORS 543A.030, the Department shall within 60 days after the deadline for filing the Notice of Intent, request from the operator information regarding the decommissioning of the project pursuant to 543A.030(2), if the information has not already been filed. If the Department is unable to contact the operator, the Department may proceed with the decommissioning process, complying with the provisions of this chapter, as practical, in the absence of the operator. (2) The Department does not have to initiate the decommissioning process upon receipt of the information requested in subsection (1) of this section. However, the Department shall initiate the decommissioning process at least one year prior to the expiration of the project’s license. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORs 543A History: WRD 25-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0030 Public Notice and Comment (1) After contacting the operator pursuant to OAR 690-052-0020 above, or if the Department is unable to contact the operator, the Department shall cause to be issued, a public notice of the decommissioning of the project. (a) The public notice shall include: (A) The name of the operator; (B) The county, basin and stream, and the township, range and section, within which the project is located; (C) The license number of the project; (D) A brief description of the project and the action prompting the decommissioning; and (E) Information on submitting comments and on receiving notices in the future. (b) The public notice shall be provided to: (A) The operator, who will cause it to be published in a newspaper having general circulation in the community where the project is located; (B) The Department’s weekly bulletin; (C) The watermaster’s office in the district where the project is located; and (D) Natural resource and other appropriate agencies. (2) Publication of the notice, according to subsection (b)(A) of this section, shall be in a newspaper of general circulation in the area of the project, and shall be for a period of three consecutive weeks. A copy of the notice along with an affidavit of publication must be filed with the Department following completion of the notice period. The operator is responsible for the cost of publishing the notice in an appropriate newspaper. (3) Within 60 days of the issuance of the public notice, any person interested in the decommissioning of the project may submit written comments to the Department and may request future notices about the project. Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26 Statutes/Other Implemented: ORS 543.092, 543 & 543A History: WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0040 Process Determination (1) After the close of the comment period in OAR 690-052-0030, the Department shall determine whether the decommissioning plan will be developed through a standard or expedited process. In making the determination, the Department shall consider any information received from the operator, comments received from agencies and the public pursuant to 690-052-0030, and the following guidelines: (a) The expedited process shall be used for projects without dams or other permanent structures in the stream, projects which use pipes or other easily removable works to divert or withdraw water from the stream. (b) The standard process shall be used for projects using dams or other large permanent structures in the stream to create a reservoir or divert water. (2) Not withstanding subsection (1) of this section, upon good cause, the Department may deviate from the guidelines in subsection (1) of this section when determining which decommissioning process to use. (3) The Department shall promptly notify the operator and any person who provided comments, of its process decision. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 24-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0050 Expedited Process If the Department decides to conduct the decommissioning using the expedited process, within 120 days of making that decision, the Department shall develop an initial draft plan considering available information and comments received. Upon completion of the plan, the Department shall distribute the plan to state agencies for comment according to OAR 690-052-0080. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 23-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0060 Standard Process; Decommissioning Application Review Team (1)(a) If the Department decides to conduct the decommissioning using the standard process, the Department shall establish a Decommissioning Application Review Team (DART). The Department shall participate in and invite to the DART, representatives of the Departments of Environmental Quality, Fish and Wildlife, and any other agency that has regulatory or advisory responsibility for the state project or a resource or hazard affected by the project. (b) Within 60 days of establishing the DART, the Department shall enter into an initial consultation with the operator and the DART to gain information about the project, evaluate possible decommissioning methods, and identify potential environmental impacts of a project decommissioning. (2) Following the consultation, the Department shall develop an initial draft plan considering the information gathered during the consultation and any available information and comments received. Upon completion of the plan, the Department shall distribute the plan to state agencies for comment according to OAR 690-052-0080. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 22-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01