OAR 690-053-0001
Purpose
(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).(3)
Meeting the terms and conditions of a hydroelectric license, water right permit or certificate is considered a beneficial use of water.
Source:
Rule 690-053-0001 — Purpose, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-053-0001.