Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0290 - Consolidated Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 shall enter an order on the potential that the proposed project may contribute
			 to cumulative impacts with other existing, approved or proposed hydroelectric
			 projects in the same river basin. It is presumed that if there are other
			 existing, approved or proposed projects, in the same river basin, there is a
			 potential for cumulative impacts. This presumption may be rebutted by showing
			 the impacts of the proposed project are so small in extent, short termed or
			 localized that there is no reasonable likelihood of cumulative impacts. The
			 Director shall consult with the agencies listed in OAR 690-051-0060  on
			 cumulative impacts. Natural resources on which the potential for cumulative
			 impacts will be considered are listed in OAR 690-051-0190  through 690-051-0250.
(2) If the Director determines the
			 proposed project may have unacceptable cumulative impacts, a consolidated
			 review shall be conducted. The review will cover all existing, approved and
			 proposed projects in the same river basin. Existing and approved projects shall
			 not be subject to any action by the Director or the Commission resulting from
			 the consolidated review. If an applicant for a proposed project does not wish
			 to be included in the consolidated review, the application may be withdrawn and
			 refiled at a later date. The application may be subject to a later consolidated
			 review if refiled.
(3) If two or
			 more of the applications are competing for the same site, only one will be
			 chosen to proceed in the consolidated review. Preference will be given to the
			 project best suited to the site. Suitability shall be based on the criteria in
			 OAR 690-051-0320.
(4) The
			 consolidated review shall be conducted as a contested case hearing. Applicants
			 and owners of all existing, approved and proposed projects in the affected
			 basin will be advised of the need for a consolidated review contested case
			 hearing. Applicants and owners shall be advised not less that 90 days before
			 the hearing so they may prepare. Notice advising of the need for a consolidated
			 review shall be sent by registered or certified mail. Separate notice will be
			 given when the hearing actually is to take place. This notice will be as
			 required by ORS 183.415.
(5) The
			 consolidated review shall include a study of the individual and cumulative
			 impacts each project would cause on the natural resources discussed in OAR
			 690-051-0190  through 690-051-0250. Cumulative impacts on any given natural
			 resource shall be considered unacceptable if the level of impact would exceed
			 any of the natural resource standards set forth in OAR 690-051-0190  through 690
			 051 0250.
(6) The purpose of the
			 consolidated review will be to determine if the individual and cumulative
			 impacts of proposed projects meet the natural resource standards in OAR
			 690-051-0190  through 690-051-0250. If the individual impacts of the applicant's
			 project would exceed any of the resource standards, the application shall be
			 rejected. When cumulative impacts on a natural resource would violate the
			 natural resource standards, proposed projects in the consolidated review will
			 be chosen for further consideration on the basis of the following criteria:
(a) Contribution to cumulative impact(s)
			 Projects exhibiting lesser potential contribution to cumulative impact(s) will
			 be preferred over projects exhibiting greater potential contribution to
			 cumulative impact(s);
(b)
			 Individual impacts on natural resources Projects potentially causing impact on
			 a lesser number of natural resources and/or having a lesser degree of impact on
			 a given resource shall be preferred over projects potentially affecting a
			 greater number of natural resources or having a greater degree of impact on a
			 given resource;
(c) Project
			 suitability Projects making more efficient use of water, developing more
			 capacity, having greater annual output or producing more revenue will be
			 preferred over projects that are less efficient, develop less capacity, have
			 less annual output or produce less revenue;
(d) Mitigation Projects proposing more
			 desirable mitigation in terms of restoration, improvement or enhancement will
			 be preferred over projects proposing less desirable mitigation; and
(e) If no distinction can be made on the
			 criteria in subsections (a) through (d) of this section, the final basis of
			 decision will be priority of filing.