reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0240 - Historic, Cultural and Archaeological Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Historic, cultural and archaeological
			 resources shall be maintained or enhanced. In order to approve an application,
			 the Director shall apply the following standards:
(a) The project will not result in
			 significant adverse impact(s) on any historic district, site, building,
			 structure, or object included in or eligible for inclusion in the National
			 Register of Historic Places;
(b)
			 The project will comply with state laws to protect Indian graves (ORS
			 97.740-97.760), historical materials (ORS 273.705, 273.711) and archaeological
			 objects and sites (ORS 358.905, 358.955);
(c) Unavoidable adverse impacts on historic,
			 cultural and archaeological resources will be mitigated in accordance with
			 generally accepted professional standards; and
(d) Archaeological data of significance
			 associated with a site not eligible for inclusion in the National Register of
			 Historic Places will be recovered in accordance with generally accepted
			 professional standards.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0250 - Land Resources

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0260 - Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS 197, ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0270 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0280 - Need for Power

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0300 - Interim Orders

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0310 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0320 - Competing Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0330 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0340 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0350 - Minor Projects, Waiver of Provisions of Act Where the Licensee is Not a Public Utility

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 536.025, 536.027, 537 & 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0360 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0370 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 536, ORS 537 & ORS 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0380 - Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 536.025, 536.027, 537 & 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0390 - Failure to Construct Project or Utilize Water

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0400 - Application Filing Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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;
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0410 - Agreements Between Municipal and Private Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(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 ten 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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 690-052-0020  to OAR 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).
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0020 - Initiation of Decommissioning Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0030 - Public Notice and Comment

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0040 - Process Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0050 - Expedited Process

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0060 - Standard Process; Decommissioning Application Review Team

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0070 - Decommissioning Plan; Standard for Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0080 - Agency Comments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0090 - Draft Decommissioning Plan

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0100 - Public Notice and Comment for Draft Decommissioning Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0110 - Proposed Final Order: Findings and Criteria; Protests

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0120 - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0130 - Exceptions to the Proposed Final Order; Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0140 - Final Order Needed to Decommission

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0150 - Disposition of the Water Right

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 52 - DECOMMISSIONING RULES FOR NON-FERC PROJECTS › Section 690-052-0160 - Modification of Time Limits

Current through Register Vol. 63, No. 7, July 1, 2024
The Department, for good cause, may extend the time limits set
				forth in this division for a reasonable period of time.
Stat. Auth.: ORS
				  536.027, ORS
				  543A.300(2)
				  & OL 1999, Ch. 873, Sec. 26
Stats. Implemented: ORS
				  543.092, ORS 543 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  543.092 & ORS
				  536.027
Stats. Implemented: ORS
				  543.092 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0010 - Amendment application form

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0015 - Notice Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0020 - Amendment Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  543.092 & ORS
				  536.027
Stats. Implemented: ORS
				  543.092 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0025 - Types of amendments that will be considered under these rules

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0030 - Public Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0035 - Issuance of Amendment Order

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  543.092 &
				  536.027
Stats. Implemented: ORS
				  543.092 & 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0040 - Protests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 submit a protest against a proposed amendment order. A protest shall be in
			 writing and include:
(a) The name, address
			 and telephone number of the protestant.
(b) A description of the protestant's
			 interest in the amendment 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 amendment will be detrimental to the protestant's
			 interest.
(d) A detailed
			 description of how the amendment 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.
(f) For persons other than the applicant, the
			 protest fee required under ORS
			 536.050.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0045 - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 30 days after the close of the period for receiving protests, the Director
			 shall determine whether to issue a final order or schedule a contested case
			 hearing.
(2) The determination of
			 whether to conduct a contested case hearing will be made according to the
			 provisions of OAR 690-310-0170.
(3)
			 The contested case hearing will be conducted according to OAR Chapter 137,
			 Division 3.
Stat. Auth.: ORS
				  543.092 & ORS
				  536.027
Stats. Implemented: ORS
				  543.092 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 53 - HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS › Section 690-053-0050 - Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If after the
			 contested case hearing or, if a hearing is not held, after the close of the
			 period allowed to file a protest, the Director determines that the proposed
			 amendment is consistent with the amendment criteria set forth in OAR
			 690-053-0020, the Director shall issue a final order approving the amendment.
			 The approval shall be on such terms and conditions as are necessary to ensure
			 compliance with the amendment criteria in OAR 690-053-0020.
(2) If the Director finds the proposed
			 amendment does not comply with the amendment criteria set forth in OAR
			 690-053-0020, the Director shall issue a final order rejecting the
			 application.
Stat. Auth.: ORS
				  543.092 & ORS
				  536.027
Stats. Implemented: ORS
				  543.092 & ORS 543A
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0000 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish definitions and procedures for the
				conversion of a Hydroelectric Water Right to an Instream Water Right in
				accordance with ORS
				543A.305.
				The conversion process is for Hydroelectric Water Rights beneficially used and
				which ceased beneficial use within 5 years of October 23, 1999, or later.
				Conversion of a Hydroelectric Water Right to an Instream Water Right is not a
				new allocation of water within a stream basin. A Hydroelectric Water Right
				subject to these rules shall be considered for conversion to an Instream Water
				Right prior to any forfeiture proceeding under ORS
				540.610.
				These rules do not apply to Projects on boundary waters that operate with water
				rights issued by the State of Oregon and by any other state, except upon the
				written request of the water right holder.
Statutory/Other Authority: ORS
				  536.027
Statutes/Other Implemented: ORS
				  543A.305