reglab/housing_qa huggingface dataset:
OR Rev Stat § 543A.075 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.075 - Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes.

(1) Each person operating an existing federally licensed project and intending to apply for reauthorization shall submit to the Water Resources Department a notice of intent to file an application for reauthorization of the water right for the project. If the person intends to seek reauthorization concurrently with federal relicensing, the notice of intent shall be submitted at the same time the person provides the information to the department under ORS 543A.071 (3). The notice of intent shall include: (a) The name and post-office address of the applicant; (b) The federal project number; (c) The expiration date of the federal license and state water right for the project; (d) An unequivocal statement of the applicant’s intention to file an application for reauthorization of the state water right; (e) The location of the project by county and stream and, when appropriate, by city or nearby city; (f) The amount of water in cubic feet per second; and (g) The project capacity. (2) Upon receipt of a notice of intent under subsection (1) of this section, the department shall: (a) Convene the Hydroelectric Application Review Team for the project. The team shall consist of representatives of the Water Resources Department, the Department of Environmental Quality and the State Department of Fish and Wildlife and may include a representative of any other agency that has regulatory or advisory responsibility for the project or a resource or hazard affected by the project. (b) Provide public notice of the receipt of the notice of intent. The public notice shall provide the date of the public scoping meeting to be conducted under ORS 543A.085 and include a description of the hydroelectric project, the location of the project, the expiration dates of the water right for the project and the Federal Energy Regulatory Commission license for the project, and information pertaining to how an interested person may obtain future notices about the application and participate in the reauthorization process. (3) Any person who is authorized by the Federal Energy Regulatory Commission to apply for a license for a federally licensed project may apply to reauthorize a water right for the project. The team shall process such applications under the standards and process set forth in ORS 543A.060 to 543A.300 for a federally licensed project. A nonowner applicant may obtain a water right with the priority date of the expiring water right only if the applicant submits a notice of intent within six months after the owner submits a preliminary application as described in ORS 543A.080, or within 30 days after June 30, 1997, whichever is later. [1997 c.449 §15; 1999 c.873 §16]
OR Rev Stat § 543A.080 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.080 - Submission of preliminary application information.

Within 30 days after an applicant provides a notice of intent under ORS 543A.075, the applicant shall provide to the Water Resources Department a preliminary application, which shall be the first-stage consultation document of the Federal Energy Regulatory Commission. The preliminary application shall include the following information: (1) Detailed maps showing existing project boundaries, if any, proper land descriptions of the entire project area by township, range and section, and also showing the specific location of all existing and proposed project facilities, including but not limited to roads, transmission lines and other appurtenant facilities; (2) A general engineering design of the existing project and any proposed changes, with a description of any existing or proposed diversion of a stream through a canal or a penstock; (3) A summary of the existing operational mode of the project and any proposed changes; (4) Identification of the environment affected or to be affected, the significant resources and hazards present and the applicant’s existing and proposed environmental protection, mitigation and enhancement plans, to the extent known at that time; (5) Streamflow and water information; (6) Detailed descriptions of any proposed studies and the proposed methodologies to be employed; and (7) Any other information required in the application form provided by the department. [1997 c.449 §16]
OR Rev Stat § 543A.085 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.085 - Public scoping meeting.

(1) Not less than 30 days but not more than 60 days after submitting the preliminary application information as required under ORS 543A.080, the applicant, in conjunction with the Hydroelectric Application Review Team, shall convene a public scoping meeting. To the extent practicable, the applicant shall conduct the public scoping meeting at the first stage of the Federal Energy Regulatory Commission review of the federal license for the project. (2) The applicant is responsible for conducting the public scoping meeting and shall invite the team, federal agencies, federally recognized Indian tribes and members of the public to participate. The purpose of the public scoping meeting is to allow an opportunity for the participants to review the information available and to: (a) Discuss a proposed schedule for completion of the reauthorization process; (b) Discuss studies and additional information that may be needed; and (c) Identify other resources and other health and safety issues of the state that must be considered in the reauthorization process. (3) At the public scoping meeting, the team shall: (a) Explain to the public the process for reauthorizing the project; and (b) Identify to the public the members of the team. (4) Following the public scoping meeting, the team shall allow 60 days for public comment on the preliminary application information, the proposed schedule, proposed studies and other resources and other health and safety issues to be considered in the reauthorization process. (5) Within 90 days after the public scoping meeting, the applicant shall develop and submit study proposals to the team. Upon receipt of the proposals, the team and the applicant shall publish notice of the availability of the proposals and allow 30 days for the public to provide comments on the proposals. (6) Based on its review of the comments and recommendations on the study proposals from the Hydroelectric Application Review Team, other state agencies and local governments, federally recognized Indian tribes and members of the public, the applicant shall prepare final study proposals and methodology and submit the final study proposals and methodology to the team. Upon receipt of the final study proposals and methodology, the team shall make the applicant’s study proposals and methodology available to the public. (7) The study proposals shall allow at least two years for completing the studies. [1997 c.449 §17; 2001 c.369 §1]
OR Rev Stat § 543A.090 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.090 - Mid-study status report; public meeting; period for comment on status report.

(1) Upon completion of the first year of studies, the applicant shall prepare a mid-study status report and present the mid-study status report to all interested persons at a public meeting. Following the public meeting, the Hydroelectric Application Review Team, other state agencies and local governments, federally recognized Indian tribes, federal agencies and members of the public shall have 30 days to comment on the status report and suggest changes to the studies. (2) The applicant shall consider any comments received in response to the mid-study status report and make any necessary changes prior to completing the second year of studies. [1997 c.449 §18; 2001 c.369 §2]
OR Rev Stat § 543A.095 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.095 - Draft application.

(1) Not later than one year before the applicant files a final application with the Federal Energy Regulatory Commission to reauthorize the federal license for the hydroelectric project, the applicant shall file with the Hydroelectric Application Review Team: (a) A draft application for a water right for the project, which shall be the Federal Energy Regulatory Commission draft application; and (b) Information regarding potential water quality impacts of the project. (2) The applicant shall provide the team with copies of any agency and public comment submitted to the applicant in the Federal Energy Regulatory Commission proceedings or in the state reauthorization proceedings. (3) The applicant shall include with the application required under subsection (1) of this section the final report on the studies conducted pursuant to ORS 543A.085. (4) Upon receipt of the draft application, the team shall identify in writing to the applicant any informational and analytical deficiencies. Subject to any identified deficiencies, the team shall prepare a provisional state position on: (a) Whether, and under what conditions, the Water Resources Department should issue the water right; (b) Whether the project would comply with ORS 468B.040 and water quality standards adopted by the Environmental Quality Commission, and what conditions might be appropriate under 33 U.S.C. 1341(d); and (c) Recommendations to the Federal Energy Regulatory Commission under 16 U.S.C. 803(j). (5) Upon completion of the provisional state position, the team shall give public notice of the availability of the provisional state position. The notice shall allow 30 days for the public to comment on the provisional state position. (6) Based on comments received during the 30-day public comment period allowed under subsection (5) of this section, the team may revise the provisional state position. The team also shall resolve any conflict between agencies about the provisional state position. (7) After considering agency and public comments, resolving interagency conflicts and making any necessary revisions, but no later than 160 days before the date by which the final application must be filed with the Federal Energy Regulatory Commission, the team shall provide the applicant with the provisional unified position of the state. However, the provisional unified position shall not constitute a final agency determination or action under any authority. [1997 c.449 §19; 2001 c.369 §3]
OR Rev Stat § 543A.100 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.100 - Final application for water right; application for water quality certification.

Not less than two years before the expiration of the federal license for the project, the applicant shall submit the final application to reauthorize the water right and a request for certification under ORS 468B.040 and 33 U.S.C. 1341. The application submitted under this section shall be the same as the final application submitted to the Federal Energy Regulatory Commission for the new federal license for the project. [1997 c.449 §20]
OR Rev Stat § 543A.105 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.105 - Hydroelectric Application Review Team review of final application; unified state position in federal proceeding.

(1) The Hydroelectric Application Review Team shall review the applications submitted under ORS 543A.100 and prepare a second proposed unified state position, which shall include: (a) A draft proposed final order approving or denying the reauthorization of the water right, which shall include but need not be limited to the findings required for a proposed final order under ORS 543A.120; (b) Proposed recommendations to the Federal Energy Regulatory Commission under 16 U.S.C. 803(j); (c) A proposed coordinated state response to the Federal Energy Regulatory Commission, including any additional information requests and recommended conditions to be included in the federal license for the project; and (d) Proposed recommendations for certification of the project under ORS 468B.040 and 33 U.S.C. 1341, including any proposed conditions under 33 U.S.C. 1341(d). (2) The team shall submit the second proposed unified state position to the Department of Environmental Quality. The team shall provide public notice and a 60-day opportunity for public comment on the proposals required under subsection (1)(a) to (c) of this section. The Department of Environmental Quality shall concurrently provide public notice and a 60-day opportunity for public comment on the proposed water quality certification decision and conditions required under subsection (1)(d) of this section. (3) The team shall provide the second proposed unified state position even if an application required under ORS 543A.100 contains incomplete or deficient information or analysis. The second proposed unified state position may reflect the incomplete or deficient information or analysis. (4) The team may submit to the Federal Energy Regulatory Commission and the applicant any proposed state response, recommendations, conditions or additional information requests, coordinated in accordance with this chapter, at any time necessary to satisfy a deadline established by the Federal Energy Regulatory Commission for the submission, even if the procedures set forth in this section for the development of a second proposed unified state position have not been completed. [1997 c.449 §21; 2001 c.369 §4]
OR Rev Stat § 543A.110 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.110 - Water quality certification.

(1) Upon completion of the public comment period for proposed recommendations under ORS 543A.105 (1)(d), the Department of Environmental Quality shall evaluate the request for water quality certification submitted under ORS 543A.100 in accordance with ORS 468B.040 and rules adopted under ORS 468B.040. The Director of the Department of Environmental Quality shall act in accordance with the proposed recommendations submitted by the Hydroelectric Application Review Team under ORS 543A.105 (1)(d) unless the director finds, based upon public comment or new information, that the project would not comply with water quality standards adopted by the Environmental Quality Commission or would not be consistent with other appropriate requirements of state law. If the director’s proposed decision is not in accordance with the proposed recommendations submitted by the team under ORS 543A.105 (1)(d), the director shall seek a recommendation from the team before issuing a final decision on water quality certification. The director shall consider any further recommendation from the team, and issue a final certification decision to the applicant and to the team. (2) As used in this section, "director" means the Director of the Department of Environmental Quality. [1997 c.449 §21a; 2001 c.369 §5]
OR Rev Stat § 543A.115 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.115 - Final unified state position.

(1) Upon receipt of the Department of Environmental Quality’s water quality certification decision, the Hydroelectric Application Review Team shall prepare a final unified state position. The final unified state position shall take into consideration public comments received, shall be consistent with the Department of Environmental Quality’s water quality certification decision and shall incorporate conditions attached to any certification by the Director of the Department of Environmental Quality pursuant to 33 U.S.C. 1341(d). The final unified state position also shall include recommendations under 16 U.S.C. 803(j), any other conditions recommended for inclusion in the federal license for the project and any additional information requests to be addressed in the federal proceeding. The team also shall prepare a proposed final order on reauthorization of a water right for the project. (2) The team shall provide the final unified state position to the applicant and to the Federal Energy Regulatory Commission. The team shall submit the proposed final order on reauthorization of the water right to the Water Resources Department. Upon receipt of the proposed final order, the department shall complete processing of the application for reauthorization of the water right in accordance with the provisions of ORS 543A.120 to 543A.300. (3) The team may submit to the Federal Energy Regulatory Commission and the applicant any proposed final unified state position, comments, recommendations, conditions or additional information requests, coordinated in accordance with this chapter, at any time necessary to satisfy a deadline established by the Federal Energy Regulatory Commission for such submission, even if the procedures set forth in this section for the development of a final unified state position have not been completed. [1997 c.449 §22; 2001 c.369 §6]
OR Rev Stat § 543A.125 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.125 - Approval or rejection of application for reauthorization.

(1) Subject to the provisions of subsection (2) of this section and ORS 543A.130 and 543A.140, the Water Resources Department shall approve all applications for reauthorization of a water right for the use of water for hydroelectric purposes made in proper form, unless the proposed reauthorization conflicts with existing rights. (2) The department shall reject any application for a permit to appropriate water to develop hydroelectric power if the department finds that the proposed project does not comply with the standards set forth in ORS 543A.025 or rules adopted by the Water Resources Commission under ORS 543A.025. [1997 c.449 §24]
OR Rev Stat § 543A.135 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.135 - Exceptions to final order.

(1) Within 20 days after the Water Resources Director issues a final order under ORS 543A.130 after the conclusion of a contested case hearing, any party may file exceptions to the order with the Water Resources Commission. (2) The commission shall issue a modified order, if the exceptions are allowed, or deny the exceptions within 60 days after the close of the exception period under subsection (1) of this section. [1997 c.449 §26]
OR Rev Stat § 543A.140 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.140 - Terms, limitations and conditions of water right.

(1) The Water Resources Department may issue a water right to any applicant for reauthorization of a federally licensed project whose proposed water use complies with the standards set forth in ORS 543A.025. Every water right for a federally licensed project shall provide as a condition that the water right holder may not operate the federally licensed project unless the water right holder is authorized to operate the project by the Federal Energy Regulatory Commission. (2) The department may approve an application for reauthorization for less water than applied for, or upon terms, limitations and conditions necessary for the protection of the public interest. [1997 c.449 §28]
OR Rev Stat § 543A.145 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.145 - Water right certificate.

Any water right for the use of water for hydroelectric purposes shall: (1) Except as provided in ORS 543A.065 (2), be for a period of not more than 50 years; (2) If for a federally licensed project, be for the period established in the new Federal Energy Regulatory Commission license; (3) For the quantity of water authorized for use under the expiring water right for the project, retain the same priority date as the expiring water right for the project. For enlargement of the water right beyond the amount of water authorized in the expiring water right, the priority date for the additional amount shall be the date of filing a reauthorization application under ORS 543A.035, or a notice of intent under ORS 543A.075, whichever is applicable; (4) If for a federally licensed project, include a provision allowing the Water Resources Department to amend conditions or limitations on the water right after the Federal Energy Regulatory Commission issues the federal license for the project; and (5) Include conditions allowing the department to reopen the certificate on a clear showing of a significant threat to the public health or safety or the environment that was not identified and addressed during the most recent project authorization proceeding, and that requires modification of the certificate. [1997 c.449 §29]
OR Rev Stat § 543A.150 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.150 - Modification of time limits.

(1) The Water Resources Department may extend the time limits set forth in ORS 543A.005 to 543A.145 and 543A.300 for a reasonable period of time if the time limits are incompatible with the substantive requirements applicable to applications to reauthorize a water right for the use of water for hydroelectric purposes. (2) The expiration date of the water right for any project that begins the reauthorization process under ORS 543A.005 to 543A.410 before the expiration date shall be extended by the department if necessary to allow for completion of the reauthorization process. [1997 c.449 §31]
OR Rev Stat § 543A.300 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.300 - Decommissioning; rules.

(1) If any person operating a hydroelectric project fails to advise the Water Resources Department within 60 days of the time established in ORS 543A.030 or 543A.075, the Water Resources Commission may order the decommissioning of the project. (2) The Water Resources Commission shall adopt by rule procedures for ordering a decommissioning of a project and standards for conducting a decommissioning in a manner that ensures the protection of the public health and safety and the environment. The rules shall include a provision for establishing a Hydroelectric Application Review Team for the project to coordinate the activities of all state agencies involved in the decommissioning process. [1997 c.449 §30]