reglab/housing_qa huggingface dataset:
OR Rev Stat § 543.730 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543 - Hydroelectric Projects|Section 543.730 - Failure to file statement or pay fees as evidence of abandonment of claim; cancellation of claim, permit and water right certificate.

(1) Failure of any claimant for a period of five successive years ending after August 20, 1957, to file the written statement showing the extent of the claim as required by ORS 543.720, or failure of any claimant for a period of five successive years ending after August 20, 1957, to pay the annual license fee as required by ORS 543.710, shall be conclusive evidence of the abandonment by the claimant of the claim and of all right to water for power purposes in connection with such claim. (2) When a claim is abandoned under the provisions of subsection (1) of this section, or whenever a claimant has voluntarily authorized, in writing, the cancellation of a claim or the water right in connection therewith, the Water Resources Commission shall: (a) Cancel the claim on the records of the Water Resources Department. (b) Cancel any permit to appropriate water or any water right certificate issued in connection with such claim. [1957 c.333 §3; 1979 c.67 §7; 1985 c.673 §164]
OR Rev Stat § 543.760 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543 - Hydroelectric Projects|Section 543.760 - Definition of water right.

As used in ORS 543.765, "water right" means a water use established by an adjudication under ORS chapter 539 as evidenced by a court decree or a certificated ground water or surface water right that is issued for some use other than for hydroelectric power and that serves as the underlying water right for an application to use water for hydroelectric purposes. [2007 c.657 §1] Note: 543.760 and 543.765 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 543.990 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543 - Hydroelectric Projects|Section 543.990 - Penalties.

(1) Violation of ORS 543.530 (3) is a Class A misdemeanor. (2) Violation of any of the provisions of ORS 543.010 to 543.610, or any of the conditions made a part of any license issued under ORS 543.010 to 543.610, or any subpoena of the Water Resources Commission or of an administrative law judge or any person designated by the commission to take testimony, any lawful order or rule of the commission is a Class B misdemeanor. (3) Any person who willfully and knowingly gives false testimony concerning a material matter in any hearing before the commission, an administrative law judge or any person designated by the commission to take testimony, or in any deposition or affidavit to be used in a matter pending before the commission or administrative law judge, or willfully and knowingly verifies a false statement or report filed with the commission, commits perjury and may be prosecuted and punished as otherwise provided by law for the prosecution and punishment of perjury. [Amended by 1955 c.673 §5; 1985 c.673 §165; 1999 c.849 §117; 2003 c.75 §99; 2011 c.597 §228]
OR Rev Stat § 543A.005 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.005 - Definitions.

As used in ORS 543A.005 to 543A.410. (1) "Commission" means the Water Resources Commission. (2) "Department" means the Water Resources Department. (3) "Director" means the Water Resources Director. (4) "Federally licensed project" means an existing project licensed under ORS 543.260 that is also licensed by and has been or will be reviewed by the Federal Energy Regulatory Commission under the Federal Power Act, as amended. (5) "Project" has the meaning given in ORS 543.010. (6) "State project" means an existing project for which the authority to operate is a time-limited water right for the use of water for hydroelectric purposes and that is not licensed by the Federal Energy Regulatory Commission. "State project" includes a project granted an exemption by the Federal Energy Regulatory Commission. (7) "Team" means a Hydroelectric Application Review Team established pursuant to ORS 543A.035, 543A.075 or 543A.300. (8) "Water right" includes the use of water for hydroelectric purposes pursuant to a license issued under ORS 543.260. [1997 c.449 §1]
OR Rev Stat § 543A.010 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.010 - Findings.

The Legislative Assembly finds that many hydroelectric projects within the state hold water rights for hydroelectric purposes for a limited time period, and that those water rights will expire. State law does not currently prescribe a means for reauthorizing the use of water for hydroelectric purposes. Therefore, the Sixty-eighth Legislative Assembly created a hydroelectric task force to recommend a process and standards for a coordinated state review of existing facilities. The hydroelectric task force was composed of representatives of interested state agencies, investor-owned utilities, publicly owned utilities, municipalities, environmental organizations, agricultural organizations and nonutility owners of hydroelectric projects. In its report to the Sixty-ninth Legislative Assembly, the hydroelectric task force included legislative recommendations that served as the foundation for the provisions of this chapter and ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710. [1997 c.449 §2]
OR Rev Stat § 543A.015 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.015 - Purpose.

It is the purpose of this chapter and ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 to establish a process for developing a coordinated state position to be reflected in governmental proceedings related to the reauthorization of existing hydroelectric facilities. The coordinated state position shall be reflected in state decisions, including but not limited to decisions relating to the allocation of water, certification of water quality and other state regulatory actions, as well as in state comments on federal actions, including relicensing by the Federal Energy Regulatory Commission. [1997 c.449 §3]
OR Rev Stat § 543A.020 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.020 - Policy.

The Legislative Assembly declares that it is the policy of the State of Oregon: (1) To reauthorize the use of water by existing projects provided that such projects meet the standards established in ORS 543A.025, are consistent with other applicable state laws and will not impair or be detrimental to the public interest. (2) To recognize that existing projects have resulted in both benefits and costs to society, and that the opportunity exists on reauthorization to promote the public benefits while minimizing the public costs. (3) To maintain or enhance the natural resources of the state and to protect the natural resources of the state from adverse impacts caused by the continued existence of a project. (4) To protect the health and safety of the residents of the state. (5) To require the Water Resources Department and other affected state agencies to conduct a coordinated review of projects seeking reauthorization in order to develop a unified state position in any local, state or federal proceedings related to the reauthorization of hydroelectric projects. [1997 c.449 §4]
OR Rev Stat § 543A.030 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.030 - Notice of intent.

(1) Not later than three years before the expiration of a water right for a state project, the Water Resources Department shall notify the project owner of the expiration of the water right and request that the owner advise the department whether the owner intends to seek reauthorization of the water right for the state project. (2) If the owner does not intend to seek reauthorization, the owner shall, within 90 days after receiving notice under subsection (1) of this section, inform the department of the disposition of the state project. (3) If the owner intends to seek reauthorization, the owner shall, within 90 days after receiving notice under subsection (1) of this section, submit to the department a notice of intent to file an application for reauthorization of the water right. The notice of intent shall: (a) Include a statement of the applicant’s intent to continue operation of the state project; and (b) Describe the state project, including but not limited to the location and capacity of the state project and the identification of affected Indian tribes and local government entities. (4) The department shall cause public notice to be given upon receipt of a notice of intent. The public notice shall include the date of expiration of the water right and a description of the state project. (5) Only the project owner may apply to reauthorize the water right for a state project. [1997 c.449 §6]
OR Rev Stat § 543A.035 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.035 - Reauthorization application and public comment.

(1) Within 60 days after submitting a notice of intent under ORS 543A.030, the applicant shall submit to the Water Resources Department an application to reauthorize the water right for the state project on a form prescribed by the department. (2) The reauthorization application for a water right for the use of water for hydroelectric purposes shall set forth: (a) The name and post-office address of the applicant; (b) The location of the project by county and stream and, when appropriate, by city or nearby city; (c) The amount of water in cubic feet per second; (d) The theoretical water horsepower; and (e) Any other information required in the application form. (3) Upon receipt of a reauthorization application for the use of water for hydroelectric purposes, the Water Resources Department shall convene the Hydroelectric Application Review Team for the state 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 state agency that has regulatory or advisory responsibility for the state project or a resource or hazard affected by the state project. (4) Within seven days after receiving a reauthorization application under subsection (3) of this section, the department shall notify any person who responded to the notice of intent and give public notice of the application in the weekly notice published by the department. The notice shall include a request for comments on the application and information pertaining to how an interested person may obtain future notices about the application and participate in the reauthorization process. (5) Within 45 days after the public notice under subsection (4) of this section, any person interested in the application shall request future notices about the state project and may submit written comments to the department. [1997 c.449 §7]
OR Rev Stat § 543A.040 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.040 - Process determination.

(1) Within 60 days after the close of the period allowed for public comment under ORS 543A.035, the Hydroelectric Application Review Team shall determine whether the reauthorization application for the water right contains sufficient information to determine whether reauthorization of the state project will comply with ORS 543A.025. (2) If the team decides that sufficient information is available to determine whether reauthorization of the water right for the state project will comply with ORS 543A.025, the team shall proceed with expedited processing of the reauthorization application. The team shall review the application and any public comments received on the application and prepare a draft proposed final order, including findings of fact and conclusions of law, for the water right. Upon completion of the draft proposed final order, the team shall give public notice of the draft proposed final order in the weekly notice published by the Water Resources Department. The notice shall include a request for comments on the draft proposed final order. (3) Within 60 days after the public notice under subsection (2) of this section, any person interested in the draft proposed final order shall submit written comments to the team. A person who submits written comments under this subsection shall identify the provision of the draft proposed final order in question and specify why the person objects to or supports the provision. The team shall review the comments received and may revise the draft proposed final order. Unless the department receives a request under subsection (4) of this section, the team shall submit a proposed final order to the department within 30 days after the close of the period for public comment on the draft proposed final order. (4) If the draft proposed final order prepared by the team under subsection (2) of this section proposes to deny the application for reauthorization of the water right, the applicant may request the department to process the application in accordance with ORS 543A.045 to 543A.055. The applicant shall submit a request under this subsection within the 60-day period allowed for public comment on the draft proposed final order. (5) Unless the department receives a request under subsection (4) of this section, the department shall issue the proposed final order in accordance with the provisions of ORS 543A.120 to 543A.300. (6) If the team determines that additional information is necessary to determine whether reauthorization of the state project will comply with ORS 543A.025, the applicant shall comply with the process established in ORS 543A.045 to 543A.055 and 543A.120 to 543A.300. [1997 c.449 §8]
OR Rev Stat § 543A.045 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.045 - Public scoping meeting.

(1) If the Hydroelectric Application Review Team finds additional information is necessary to complete the reauthorization process, the applicant, in conjunction with the team, shall convene a public scoping meeting. (2) The applicant shall be responsible for conducting the public scoping meeting. The team, federal agencies, federally recognized Indian tribes and members of the public shall be invited to participate. The purpose of the public scoping meeting shall be 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 state project; and (b) Identify to the public the members of the team. (4) Within 90 days after the public scoping meeting, the team shall publish notice of the availability of the plan for completing the review process, including a time schedule. The plan shall be developed by the Water Resources Department in consultation with the applicant. [1997 c.449 §9]
OR Rev Stat § 543A.050 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.050 - Application report.

In accordance with the schedule established pursuant to ORS 543A.045, and after conducting the studies and collecting the additional information identified at the public scoping meeting under ORS 543A.045, the applicant shall prepare an application report and file the report with the Hydroelectric Application Review Team. The application report shall include study results, proposed mitigation measures, applicable state statutes and rules and any necessary changes to the operation of the hydroelectric project required to comply with such statutes and rules. [1997 c.449 §10]
OR Rev Stat § 543A.055 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.055 - Hydroelectric Application Review Team review of application; draft proposed final order; public comment.

(1) The Hydroelectric Application Review Team shall review the application report prepared under ORS 543A.050 and prepare a draft proposed final order approving or denying the reauthorization of the water right. The draft proposed final order shall include the findings required for a proposed final order under ORS 543A.120. Upon completion of the draft proposed final order, the Water Resources Department shall give public notice of the draft proposed final order in the weekly notice published by the department. The notice shall include a request for comments on the draft proposed final order. (2) Within 60 days after the public notice under subsection (1) of this section, any person interested in the draft proposed final order shall submit written comments to the team. (3) Within 30 days after the close of the period for public comment on the draft proposed final order, the team shall make any revisions necessary in response to comments received and submit a proposed final order to the department. (4) The department shall complete the reauthorization process in accordance with the provisions of ORS 543A.120 to 543A.300. [1997 c.449 §11]
OR Rev Stat § 543A.060 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.060 - Coordination of state and federal reauthorization processes.

(1) For a federally licensed project, the Water Resources Department and the Hydroelectric Application Review Team shall conduct the state reauthorization review, to the maximum extent feasible, in a manner that is consistent with and avoids duplication of federal agency review. Such coordination shall include, but need not be limited to: (a) Whenever feasible, elimination of duplicative application, study and reporting requirements; (b) Hydroelectric Application Review Team use of information generated and documents prepared for the federal agency review; (c) Development with the federal agency and reliance on a joint record to address applicable state standards; (d) Whenever feasible, joint hearings and issuance of a state water right decision in a time frame consistent with the federal agency review; and (e) To the extent consistent with applicable state standards, establishment of conditions in any state hydroelectric water right that are consistent with the conditions established, or required to be incorporated into licensing, by the federal agency. (2) In order to better coordinate with the review of the project by the Federal Energy Regulatory Commission, the team may, at the request of an applicant, make changes to the process set forth in ORS 543A.060 to 543A.115, if the changes do not diminish opportunities for public input otherwise provided by ORS 543A.060 to 543A.115. [1997 c.449 §12]
OR Rev Stat § 543A.065 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.065 - Changes to expiration date of water right for existing project.

(1) Notwithstanding the expiration date set forth in a water right for an existing federally licensed project, upon the request of the holder of the water right, the Water Resources Department may: (a) Extend the expiration date of the water right, for a period of up to 15 years, to correspond to the expiration date of the federal license for the project; or (b) Process an application for reauthorization of the water right prior to the actual expiration date of the water right in order to correspond with the expiration of the federal license for the project. (2) For a project with a water right that expires more than 15 years before the expiration date of the federal license for the project, the Hydroelectric Application Review Team shall evaluate the project under the process and standards established in ORS 543A.005 to 543A.025 and 543A.060 to 543A.410 for a state project. A reauthorized water right for such a project may be for a term concurrent with the federal license. [1997 c.449 §13]
OR Rev Stat § 543A.071 (2021)
2021 Oregon Revised Statutes|Volume : 15 - Water Resources, Agriculture and Food|Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects|Section 543A.071 - Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes; response of holder.

(1) Not later than six years before the expiration of any state or federal hydroelectric license or state authorized water right issued to a federally licensed project, the Water Resources Department shall notify the holder of the date of expiration of the right or license and shall ask that the holder advise the department whether the holder intends to seek reauthorization or relicensing. (2) If the holder does not intend to seek reauthorization, the holder shall inform the department within 90 days after receiving notice under subsection (1) of this section of the proposed disposition of the federally licensed project. (3) If the holder intends to seek reauthorization, the holder shall inform the department within 90 days after receiving notice under subsection (1) of this section whether the holder intends to seek reauthorization of the water right concurrently with the federal relicensing. (4) A holder seeking relicensing and reauthorization concurrently: (a) Shall not, by applying for reauthorization, under ORS 543A.075 and in the absence of agreement by the holder, be deemed to have accelerated the actual expiration date of the project’s water right; and (b) May, upon providing concurrent notification to the Federal Energy Regulatory Commission, withdraw and void its application for reauthorization at any time prior to issuance of the final water right certificate issued by the Water Resources Director without prejudice to its right to reapply for reauthorization of its water right. (5) Any water right issued by the Water Resources Department pursuant to an application filed under this chapter shall become effective upon the issuance of the new water right. The existing water right shall be canceled immediately upon issuance of the new water right. (6) A holder not electing to concurrently seek reauthorization but seeking relicensing shall notify the Water Resources Department of its position and shall indicate in the notification its plans for the project and the project’s state water right. (7) In the absence of agreement by the holder to pay the application fees under ORS 543A.405, and notwithstanding the provisions of ORS 543A.015, the state is not required to develop and provide a coordinated state position. [1999 c.873 §15 (enacted in lieu of 543A.070)]