ORS 537.299
Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare


(1)

If the Water Resources Commission cancels a permit or certificate under ORS 537.295 (Cancellation of permit when holder fails to continue to qualify as municipal applicant) or 537.297 (Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant), the municipal applicant may apply for a permit to appropriate water for hydroelectric purposes under this chapter, or the private developer may apply for a hydroelectric license under ORS chapter 543. However, the parties may not jointly apply for a permit to appropriate water for hydroelectric purposes pursuant to ORS 537.285 (Municipal applicant may develop hydroelectric project jointly with private person).

(2)

When a permit or certificate is canceled under ORS 537.295 (Cancellation of permit when holder fails to continue to qualify as municipal applicant) or 537.297 (Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant), the cancellation order may include such conditions and requirements as the commission deems necessary for the public safety and welfare, including but not limited to:

(a)

Delay of the effective date of cancellation until such time as another entity is authorized to operate the facility under this chapter or ORS chapter 543; or

(b)

Provision for operation of the facility during the period between cancellation and issuance of a new permit, certificate or license. [1985 c.392 §9; 1985 c.673 §190]

Source
Last accessed
May. 15, 2020