justicedao/ipfs_state_laws huggingface dataset:
690-052-0070 Decommissioning Plan; Standard for Review (1) When developing an initial draft plan under OAR 690-052-0050 or 690-052-0060, or a draft decommissioning plan under 690-052-0090, the Department shall include terms and conditions in the plan to protect the public health and safety and the environment. (2) In developing the terms and conditions of the decommissioning plan, the Department shall consider impacts to the items listed below if they are identified by comments or otherwise identified in the Department’s record for the project: (a) Fish and wildlife during and after decommissioning; (b) Water quality; (c) Water use and the disposition of the water right for the project; (d) Wetlands; (e) Geohazards; (f) Dam safety, including the protection of the public health and safety from the failure of any hydraulic works during and after decommissioning; (g) Other resources including recreation; scenic and aesthetic values; historic, cultural, and archaeological sites; and botanical resources; and (h) Instream water rights. (i) Federal and local plans, including the plans of local watershed councils; (j) Economic costs to the operator; (k) Local and community economics; (l) Tribal issues; and (m) Overall environmental impact. (3) The Department shall consider all other relevant issues raised by comments received. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543.092, ORS 543 & ORS 543A History: WRD 21-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0080 Agency Comments (1) Upon development of an initial draft plan under either OAR 690-052-0050 or 690-052-0060, the Department shall distribute the plan to the DART, if created, appropriate natural resource agencies, and any other agencies that provided comments under 690-052-0030, for a 60-day review and comment period. (2) The Department shall consider all comments received under subsection (1) of this section and determine if the initial draft plan needs to be revised. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 20-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0090 Draft Decommissioning Plan Upon completion of the agency review process and any revisions, the Department shall issue the plan, as a draft decommissioning plan, for public notice and comment according to OAR 690-052-0100. The terms and conditions of the plan shall satisfy the standard set forth in 690-052-0070. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 19-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0100 Public Notice and Comment for Draft Decommissioning Plan (1) Department shall give public notice of the draft decommissioning plan in the weekly bulletin, and shall notify any person who requested notice under OAR 690-052-0030(3). The public notice shall include information on obtaining a copy of the draft decommissioning plan, on commenting on the draft plan, and on receiving notices in the future. The Department shall supply the operator, each member of the DART, and any agency supplying comments under 690-052-0080, with a copy of the draft decommissioning plan. (2) Within 60 days after the public notice given under subsection (1) of this section, any person may submit written comments to the Department and may request future notices about the project. (3) The Department shall consider any comments received under subsection (2) of this section and may revise the draft decommissioning plan. 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
690-052-0110 Proposed Final Order: Findings and Criteria; Protests (1) Within 90 days of the close of the comment period in OAR 690-052-0100, a proposed final order, containing the draft decommissioning plan, shall be prepared by the Director. The plan shall comply with the standard set out in 690-052-0070. (2) The proposed final order shall: (a) Cite findings of fact and conclusions of law; (b) Include a brief statement that explains the issues considered relevant to the development of the decommissioning plan; and (c) Contain the date by which protests to the proposed final order must be received by the Department. (3) The Department shall mail copies of the proposed final order to the operator, the DART if established, agencies providing comments, and to persons who have requested copies and paid the fee required under ORS 536.050(1)(e). The Department shall also give public notice of the proposed final order in the Department’s weekly bulletin. (4) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include: (a) The name, address and telephone number of the protestant; (b) A description of the protestant's interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented; (c) A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant's interest; (d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency; (e) Any citation of legal authority supporting the protest, if known; and (f) For persons other than the applicant, the protest fee required under ORS 536.050(1)(j). (5) Protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly bulletin published by the Department. Any person who asks to receive a copy of the Department's proposed final order shall submit to the Department the fee required under ORS 536.050(1)(e), unless the person has previously requested copies and paid the required fee. (6) Within 120 days after the close of the period for receiving protests, the director shall: (a) Issue a final order as provided under OAR 690-052-0130; or (b) Schedule a contested case hearing if a protest has been submitted and if: (A) Upon review of the issues, the director finds that there are significant disputes related to the proposed decommissioning of the project; or (B) Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing. (7) At the request of the applicant, the Department may extend the time periods set forth in subsection (6) of this section for a reasonable period of time. 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
690-052-0120 Contested Case Hearings Contested case hearings will be conducted according to the terms and conditions set forth in Oregon Laws 1999, Chapter 849 (House Bill 2525), the rules adopted pursuant to that chapter, and any applicable Department 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
690-052-0130 Exceptions to the Proposed Final Order; Final Order (1) Any party may file exceptions and arguments with the Department within 20 days following the date of service of the proposed order on the parties to the contested case proceeding. Exceptions and arguments must be in writing, clearly and concisely identify the portions of the proposed order excepted to, and cite to appropriate portions of the record or to Commission statutes, rules, and policies to which modifications are sought in the exceptions. (2) Where exceptions are timely filed to the proposed order, the Director shall either grant or deny the exceptions and issue an order either affirming or modifying the proposed order, consistent with OAR 137-003-0655. (3) Where no exceptions are filed within the time period allowed in the proposed order, the Director shall issue an order either affirming or modifying the proposed order, consistent with OAR 137-003-0655. (4) If a contested case hearing is not held, the Director shall issue an order either affirming or modifying the proposed order. 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
690-052-0140 Final Order Needed to Decommission An operator of a hydroelectric project operating solely under the authority of the State of Oregon may not make physical changes to decommission the project except in accordance with a final order issued by the Water Resources Director under OAR 690-052-0130, and shall decommission the project according to such order. This section does not prohibit the operator from complying with the requirements of other state agencies. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 18-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0150 Disposition of the Water Right The hydroelectric water right for a project is subject to the provisions of ORS 543A.305 regarding the conversion of a hydroelectric water right to an instream right. Nothing in these rules or in 543A.305 prevents the operator from transferring a hydroelectric water right to an instream right according to 540.505 through 540.530, prior to conversion. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 17-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-052-0160 Modification of Time Limits The Department, for good cause, may extend the time limits set forth in this division for a reasonable period of time. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 16-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2001, f. & cert. ef. 5-7-01
690-053-0001 Purpose (1) The purpose of this division is to establish procedures to be used by the Water Resources Department in evaluating applications for amendments to hydroelectric licenses, power claims or certificates. These rules do not apply to new project proposals. These rules describe the type of amendments that may be considered; the process that must be followed to approve amendments; and what steps must be taken to avoid injury to other water users, prevent undesirable impacts to natural resources, and to appeal Department decisions. (2) These rules do not apply to: (a) A change in point of diversion. (b) A change in point of appropriation. (c) New uses unrelated to the hydroelectric generation use. (d) The construction of a new dam in a location where there is no existing dam or diversion. (e) Any repair, modification, or reconstruction of an existing dam that would result in a significant change in the surface area or elevation of an existing impoundment. (f) Any modification to an existing hydroelectric project (including the replacement of existing turbines) which would result in an increase in the maximum hydraulic capacity of the project of 15 percent or more or would result in an increase in the project’s nameplate capacity of 2 megawatts or more as defined in regulations of the Federal Energy Regulatory Commission (FERC), 18 CFR 11.1(i). (3) Meeting the terms and conditions of a hydroelectric license, water right permit or certificate is considered a beneficial use of water. Statutory/Other Authority: ORS 543.092 & 536.027 Statutes/Other Implemented: ORS 543.092 & 543A History: WRD 2-2001, f. & cert. ef. 3-30-01
690-053-0005 Definitions The following definitions apply to the rules in this division: (1) "Commission" means the Water Resources Commission. (2) "Department" means the Water Resources Department. (3) "Director" means the director of the Water Resources Department. (4) "Augmentation of a hydroelectric water right" means diverting more water beyond the volume provided in the applicable hydroelectric water right over a calendar year. Augmentation does not include rescheduling or redistributing water use within a calendar year or installing more efficient generation equipment that allows the use of the same amount of water to produce more power. (5) "Final Unified State Position" means the formal state comments described in ORS Chapter 543A.115 that are forwarded to the Federal Energy Regulatory Commission (FERC) by the Hydroelectric Application Review Team (HART) in response to an applicant’s final license application with FERC. (6) "Applicable hydroelectric water right" means a license issued under ORS Chapter 543, a power claim or certificate issued under Chapters 537 or 543A for the generation of hydroelectric power, a decreed right issued according to Chapter 539 or pre-1909 uncertificated claim. (7) "Injury to an existing water right" means a situation where the holder of a valid water right is prevented from receiving the water to which he/she is legally entitled. (8) "Redistribution" means varying the amount of water over the seasons of a calendar year but not exceeding the total amount allowed for the year. The total yearly amount is computed by multiplying the daily rate by 365 days. Statutory/Other Authority: ORS 543.092 & 536.027 Statutes/Other Implemented: ORS 543.092 & 543A History: WRD 2-2001, f. & cert. ef. 3-30-01
690-053-0010 Amendment Application Form An amendment application shall be prepared in ink or typewritten on forms provided by the Department. Applications shall contain the following information: (1) Applicant’s name, mailing address, and telephone number. (2) Name appearing on permit, certificate or license, if different. (3) Type of change proposed. (4) Number of the permit, certificate or license. (5) Source of water. (6) Date of priority. (7) The existing points of diversion and points of use located accurately on a map in reference to a public land survey corner. (8) A general description of the current facilities, including capacity. (9) A statement explaining the reason for the proposed amendment consistent with 690-053-0020 through 0030. (10) Evidence that the water has been used within the past five years in accordance with the terms and conditions of the permit, certificate or license. The evidence may include: (a) Affidavits from knowledgeable persons, such as the owner or operator, a neighbor, power purchaser. (b) Receipts or expenditures related to the use of water. (c) Other records such as dated photographs. (11) If for a redistribution or augmentation of water use a letter from the affected wildlife and/or environmental quality agency endorsing the change. (12) A listing of all affected local governments, including county, city, municipal corporations, and tribal governments. (13) An oath that the information contained in the application is true and accurate. (14) The signature of the applicant, and if an entity, the title of the authorized representative signing the form. (15) The appropriate fee as required under ORS 536.050(h). Statutory/Other Authority: ORS 543.092 & 536.027 Statutes/Other Implemented: ORS 543.092 & 543A History: WRD 2-2001, f. & cert. ef. 3-30-01
690-053-0015 Notice Requirements (1) The Department shall give notice of amendment applications received by publication in the Department's weekly notice "Public Notice of Water Use Requests." Any person interested in an amendment application shall submit written comments to the Department within 30 days of the weekly notice or the last day of the newspaper notice in 690-053-0015(2), whichever is later. (2) After notice is published by the Department, the applicant shall arrange for publication of a notice provided by the Department in an appropriate newspaper having general circulation in the area in which the hydroelectric facility is located for a period of at least two weeks and not less than one publication each week. The applicant shall provide the Department with a certificate of publication. (3) The notice must include the following information about the application: (a) The application and project file number. (b) The county of use. (c) The type of amendment proposed. (d) The applicants name and address. (e) The date by which comments on the amendment application must be received by the Department. (f) A statement that upon issuance of a draft proposed final order any person may file with the Department a protest against the approval of the application on the grounds of injury to an existing water right and impacts to fish and wildlife values or water quality. (4) The Department shall send notice of all amendment applications to the planning departments of affected local governments, Indian tribes with lands inside the project boundary or with hunting and fishing rights within the project boundary, state natural resource agencies and the Hydroelectric Application Review Team if one was formed, and any federal agencies with jurisdiction over the project. Agency comments must be received within 30 days after the last date of publication shown on the notice to file comments. Notice shall be sent by regular mail, or with the consent of the recipient, by electronic means. Statutory/Other Authority: ORS 543.092 & 536.027 Statutes/Other Implemented: ORS 543.092 & 543A History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 2-2001, f. & cert. ef. 3-30-01
690-053-0020 Amendment Criteria Under ORS 543.092, upon the request of the hydroelectric water right, and the approval of the Department, a hydroelectric water right or certificate may be amended, provided that the amendment: (1) Is consistent with the final unified state position for the project, if one exists; (2) Is consistent with the requirements of ORS Chapter 543A; (3) Causes no injury to other water rights that cannot be adequately mitigated as determined by the Water Resources Department; and (4) Allows for public participation in the amendment process. Statutory/Other Authority: ORS 543.092 & 536.027 Statutes/Other Implemented: ORS 543.092 & 543A History: WRD 2-2001, f. & cert. ef. 3-30-01
690-053-0025 Types of Amendments that Will Be Considered Under These Rules All amendments allowed in this section must be consistent with the standards in 690-053-0020. (1) Hydroelectric water right holders as defined in ORS 543.075(2) may submit amendment applications that allow augmentations or redistribution of the volume of water allowed for diversion in the applicable hydroelectric water right only if the proposed amendments meet management goals of state wildlife or environmental quality agencies and are shown to restore, enhance or improve fish populations and/or water quality within the river systems. This includes: (a) The rescheduling or redistributing of the total amount of water used over the year so that more water may be diverted during certain times of the year in exchange for reductions of water use during other times. (b) Augmenting or increasing the total yearly amount of water provided that: (A) The proposed augmentation does not require the construction of new facilities or change in the point of diversion or use. (B) The proposed augmentation meets the resource protection standards in ORS Chapter 543A.025; and (C) The proposed augmentation has water available from the proposed source during the times and in the amounts requested. (D) Pursuant to ORS 543A.145(3), any augmentation will receive as a priority date the date of filing the amendment application. (2) Hydroelectric water right holders may submit application amendments for the following: (a) Adding fish protection and/or water quality as a beneficial use. (b) Changing one or more items in the "water right conditions" section of the applicable hydroelectric water right provided that, after the application has been submitted, the affected state agencies have been consulted by the project owner and agree in writing that the amendment is needed. (c) Hydroelectric water right holders may submit application amendments altering the date of expiration in the applicable hydroelectric water right to match the period granted by FERC. (d) Clarifying language or correcting administrative errors. (3) Other proposed amendments not identified in these rules may be considered by the Department provided that the proposed amendment meets the criteria in 690-053-0020. Statutory/Other Authority: ORS 543.092 & 536.027 Statutes/Other Implemented: ORS 543.092 & 543A History: WRD 2-2001, f. & cert. ef. 3-30-01
690-053-0030 Public Hearing (1) Based on review of the application, public comments received, the size of the project and other pertinent information, the Director will determine whether a public meeting and a request for additional studies or consultation will be required. (2) The public meeting may be omitted under one or more of the following circumstances: (a) The project generates less than 100 theoretical horsepower of electricity; (b) The proposed amendment does not involve a change in the annual amount of water used; or (c) The proposed amendment is one agreed upon by the Department and the affected resource agencies; or (d) No public comments were received raising substantial issues. (3) If the Director determines a public meeting is required, notice will be sent two weeks prior to the meeting to the applicant and to any person or agency submitting comments within the prescribed comment period or who participated in any earlier proceedings in the amendment process. Notice shall be sent by regular mail, or with the consent of the recipient, by electronic means. Statutory/Other Authority: ORS 543.092 & 536.027 Statutes/Other Implemented: ORS 543.092 & 543A History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 2-2001, f. & cert. ef. 3-30-01
690-053-0035 Issuance of Amendment Order After the close of the public comment periods, or the public hearing if one is held, and upon a finding that the proposed amendment meets standards in OAR 690-053-0020, the Department shall issue a proposed order within 120 days. (1) In developing the proposed order, the Department shall consider all comments received under OAR-690-053-0015 and 0030, but the proposed order need not separately address each comment received. (2) The proposed order shall include findings of fact and conclusions of law that show the standards in OAR 690-053-0020 and 0025 are met. (3) The Department shall send by regular mail, or with the consent of the recipient, by electronic means, copies of the proposed order to the applicant and to persons who have requested copies. Within 15 days after issuing the proposed order, the Department shall publish notice of the order in the weekly notice published by the Department. Statutory/Other Authority: ORS 543.092 & 536.027 Statutes/Other Implemented: ORS 543.092 & 543A History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 2-2001, f. & cert. ef. 3-30-01