OAR 690-051-0390
Failure to Construct Project or Utilize Water

(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.

(5)

In considering applications for extension of time, the Director shall consider:

(a)

Preliminary Permits (additional one-year maximum) including:

(A)

Adequacy and timeliness of required six-month reports; and

(B)

Studies completed within the term of Permit.

(b)

Beginning of construction under License (one extension for maximum of two additional years); and

(c)

Time to completion of construction (no statutory limit) including:

(A)

Whether an extension is in the public interest; and

(B)

Whether construction has been carried on in good faith and with reasonable diligence.

(6)

No legally allowable request for extension of time shall be denied if the reasons for delay are litigation or required actions by other state and federal agencies.

Source: Rule 690-051-0390 — Failure to Construct Project or Utilize Water, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-051-0390.

690–051–0000
Purpose 690–051–0010
Definitions 690–051–0020
Projects to be Considered by the Commission 690–051–0030
Restriction on Filing 690–051–0040
Preliminary Permit not Required 690–051–0050
Applications: Filing Procedure 690–051–0060
Consultation 690–051–0070
Applications for Preliminary Permits: Contents and Scope of Evaluation 690–051–0080
Application of Standards to Preliminary Permits 690–051–0090
Applications for Minor Projects: Contents, Scope of Evaluation and Application of Standards 690–051–0095
Applications for Major Projects: Scope of Evaluation and Application of Standards 690–051–0100
Application for Major License or Permit: Contents, Scope of Evaluation 690–051–0130
Hearings Requirements for Preliminary Permits, Licenses and Permits 690–051–0140
Time and Place of Hearings 690–051–0150
Filing of Protest and Remonstrances 690–051–0160
Standards for Evaluation 690–051–0170
Protection of Designated Resource Areas and Special Management Areas 690–051–0180
Mitigation, No Net Loss 690–051–0190
Water Resources 690–051–0200
Fish Resources 690–051–0210
Wildlife 690–051–0220
Plant Life 690–051–0230
Recreation 690–051–0240
Hist.: Cultural and Archaeological Resources 690–051–0250
Land Resources 690–051–0260
Land Use 690–051–0280
Need for Power 690–051–0290
Consolidated Review 690–051–0300
Interim Orders 690–051–0320
Competing Applications 690–051–0350
Minor Projects, Waiver of Provisions of Act Where the Licensee is Not a Public Utility 690–051–0380
Water Rights 690–051–0390
Failure to Construct Project or Utilize Water 690–051–0400
Fees: Filing and Annual 690–051–0410
Agreements Between Municipal and Private Applicants
Last Updated

Jun. 8, 2021

Rule 690-051-0390’s source at or​.us