Oregon Revised Statutes Chapter 543 § 543.765 — Certificate to use water for hydroelectric purposes within artificial delivery

Certificate to use water for hydroelectric purposes within artificial delivery system; expedited application process; certificate conditions; annual payments; fees. (1) Notwithstanding ORS 537.145 and ORS chapter 543: (a) The holder of a water right may apply to the Water Resources Department for a certificate to use water for hydroelectric purposes within an artificial delivery system under the applicant’s existing water right. (b) A municipal corporation or people’s utility district, as defined in ORS 261.010, may apply to the department for a certificate to use water for hydroelectric purposes within a piped conduit in an artificial delivery system that is delivering water for municipal uses even if the municipal corporation or people’s utility district is not the holder of the underlying municipal water right, if the municipal corporation or people’s utility district obtains from the holder of the underlying municipal water right, and provides to the department with the application, a written statement authorizing the municipal corporation or people’s utility district to use the water for hydroelectric purposes. (2) If the proposed hydroelectric project meets the applicable capacity limitation under this subsection and meets either the qualifications for a Federal Energy Regulatory Commission exemption from licensing or similar qualifications of another federal agency responsible for authorizing the project, the applicant may use the expedited application process under this section regardless of which federal agency issues the authorization. To qualify under this subsection: (a) For a project that is to be built as part of an existing dam, the capacity may not exceed five megawatts. Subsection (6)(b) of this section does not apply to a project described in this paragraph. (b) For in-conduit projects, the capacity may not exceed 15 megawatts for a nonmunicipal facility or 40 megawatts for a municipal facility. Projects described in this paragraph must comply with subsection (6)(b) of this section. (3) An application, which shall be on a form provided by the Water Resources Department, for a hydroelectric certificate under this section must include: (a) The certificate number, or decree reference if no confirming certificate has been issued, of the applicant’s existing water right, or the underlying water right, associated with the proposed hydroelectric project. (b) A copy of either a Federal Energy Regulatory Commission exemption application or a similar application submitted to the federal agency responsible for authorizing the project, if applicable. (c) A proposed schedule of annual water use and an estimate of the maximum power generation of the proposed hydroelectric project. (d) A statement by the applicant that the amount of water used by the proposed hydroelectric project will not exceed the amount authorized and used under the applicant’s existing water right, or the underlying water right, for beneficial use without waste. (e) A statement that the applicant owns or otherwise controls the water conveyance system. (f) An application processing fee of $500. The department shall deposit fees collected under this section into the Water Resources Department Hydroelectric Fund established pursuant to ORS 536.015. (g) A map or drawing and all other data concerning the proposed hydroelectric project, as may be prescribed by the department. The map or drawing must be of sufficient quality and scale to establish the location of the existing point of diversion and the proposed location of the hydroelectric project. (h) If the water to be used for the proposed hydroelectric project is delivered by a public entity other than the applicant for a certificate under this section, a statement from that entity that the entity will be able to deliver water as described in the application. (i) Evidence that the water has been used over the past five years according to the terms and conditions of the applicant’s existing water right, or the underlying water right, described in paragraph (a) of this subsection. (4) If an applicant provides the information required by subsection (3) of this section: (a) The Water Resources Department shall provide notice to both the State Department of Fish and Wildlife and the public, and provide a 30-day period for public comment. (b) The Water Resources Department may issue a final order and certificate to use water for hydroelectric purposes upon making a final determination that the proposed hydroelectric use does not impair, or is not detrimental to, the public interest in the manner provided in ORS 537.170 (7). (5) If the Water Resources Department determines that public interest issues have been identified, the department shall issue a final order denying the application. The department shall also issue a final order denying the application if the department identifies issues related to the public interest. If