ORS 543.085
Periodic review of annual fee


(1)

The Water Resources Director shall appoint a review panel to review the amount of the annual fee established under ORS 543.078 (Annual fee for hydroelectric project) in 2003 and 2009 and every eight years thereafter. The review panel shall consist of at least one representative from the following and others at the director’s discretion:

(a)

The Department of Environmental Quality;

(b)

The State Department of Fish and Wildlife;

(c)

The Public Utility Commission;

(d)

The Water Resources Department;

(e)

Investor owned utilities;

(f)

Publicly owned utilities;

(g)

Municipalities;

(h)

Environmental organizations;

(i)

Agricultural organizations; and

(j)

Nonutility owners of hydroelectric projects.

(2)

All holders paying annual fees under ORS 543.078 (Annual fee for hydroelectric project) shall be notified by the Water Resources Department at least 60 days in advance of the meeting of the review panel established in subsection (1) of this section, and provided the opportunity to submit comments to the panel.

(3)

Any periodic review conducted under subsection (1) of this section shall evaluate each agency’s hydroelectric program to determine if current staffing levels, activities and funding are appropriate to fulfill program objectives. There shall be a presumption that the fee should not change. To overcome the presumption and alter the existing fee, the panel must find compelling reasons for alteration and must reach unanimous consent on the new fee. If the presumption is overcome, upon completion of the review process the director shall either adjust the annual fee as recommended by the panel or elect not to adjust the fee. Any change in the annual fee as a result of this section shall become effective on the January 1 following the director’s action. The director shall notify all holders of any change in the annual fee and the effective date of such change. [1999 c.873 §8]
§§ 543.010 to 543.620

Notes of Decisions

Water control district, in applying for water appropriation permit for hydroelectric project, was exempt from licensing provisions of these sections and needed only to comply with requirements of ORS chapter 537. Steamboaters v. Winchester Water Control Dist., 69 Or App 596, 688 P2d 92 (1984), Sup Ct review denied

Law Review Citations

16 EL 583, 592 (1986)

Chapter 543

Law Review Citations

16 EL 583, 593 (1986)


Source
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May. 15, 2020