ORS 543.175
Hydroelectric facility on Deschutes River within City of Bend prohibited

  • exception

(1)

Except as provided in subsection (2) of this section, no person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on that portion of the Upper Deschutes River situated within the city limits of the City of Bend except for a facility that meets all of the following criteria:

(a)

The facility is located on an existing irrigation diversion facility or structure constructed by persons.

(b)

The operation of the facility would not require any water in addition to water appropriated for irrigation purposes.

(c)

Operation of the facility would be limited to the period of time during which water is diverted for irrigation purposes and the diversion would not be extended for the purpose of hydroelectric power generation.

(2)

Subsection (1) of this section shall not apply to the construction and maintenance of or the issuance of a permit for a hydroelectric facility or structure for which the hearing record is closed on or before the July 12, 1985, whether or not the record is later reopened by or at the direction of the Water Resources Commission for any reason.

(3)

As used in this section, “Upper Deschutes River” means that portion of the mainstem Deschutes River between the North Canal Dam at approximately river mile 165 and the head waters of the Deschutes River. [1985 c.560 §3]
Note: 543.175 (Hydroelectric facility on Deschutes River within City of Bend prohibited) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
PRELIMINARY PERMITS; LICENSES

Source: Section 543.175 — Hydroelectric facility on Deschutes River within City of Bend prohibited; exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html.

543.010
Definitions for ORS 543.010 to 543.610 543.012
Applicability of chapter to reauthorization of existing hydroelectric project 543.013
Applicability of chapter and ORS chapter 543A to ocean renewable energy facility 543.015
Policy 543.017
Minimum standards for development of hydroelectric power 543.050
Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records 543.055
Hearings and witnesses 543.060
Investigations 543.075
Definitions for ORS 543.075 to 543.092 543.078
Annual fee for hydroelectric project 543.080
Project specific fees 543.082
Invoice for fees 543.085
Periodic review of annual fee 543.088
Payment of costs or fee for reauthorization or relicensing of project 543.090
Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim 543.092
Amendment of hydroelectric water right or claim 543.095
Challenges to certain statutes related to hydroelectric projects 543.110
Appropriation and use of water for power is governed by this chapter 543.120
Water power projects to be in conformity with this chapter 543.140
Projects or developments constructed by federal government excepted from law 543.150
Municipal corporations and utility districts 543.160
Hydroelectric facility on North Santiam River prohibited 543.165
Hydroelectric facility on part of Deschutes River prohibited 543.170
Hydroelectric facility on Isqúulktpe Creek prohibited 543.175
Hydroelectric facility on Deschutes River within City of Bend prohibited 543.210
Preliminary permits 543.220
Notice of filing of application 543.225
Hearing on application 543.230
Hearings on application 543.250
Permit 543.255
Determination of cumulative impacts of proposed hydroelectric power projects 543.260
Licenses 543.265
Testing of fish protection measures as condition for hydroelectric project permit or license 543.270
Preference in granting permit or license 543.280
Fee payments by licensee 543.290
Filing of maps, plans, estimates and other materials 543.300
Conditions governing license 543.310
Disposition of moneys collected 543.320
Effect of amendment or repeal of law 543.410
Construction of project 543.420
Noncompletion of construction within prescribed time 543.430
Proceedings after completion of project for violation of license terms 543.440
Transfer of license, rights or property 543.525
ORS 543.530 to 543.550 not applicable to regulated utilities 543.530
Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited 543.540
Consideration for bonds, stocks and other securities 543.550
Liens prohibited 543.560
Bond of licensee or letter of credit securing claims of suppliers 543.610
Acquisition of project by state or municipality 543.650
Policy 543.655
Definitions for ORS 543.650 to 543.685 543.660
Authority of district to enlarge or modify water system and power generating facilities 543.662
Authority of district to develop joint project with private person 543.664
Rules relating to joint projects of districts and private persons 543.665
Authority to issue revenue bonds to acquire hydroelectric facilities 543.670
Manner of issuance of revenue bonds 543.675
Power of eminent domain not to be exercised to acquire hydroelectric facilities 543.680
Compliance with water appropriation laws required 543.685
District board to require weatherization 543.705
Definitions for ORS 543.710 to 543.730 543.710
Annual fee based on horsepower 543.720
Payment of annual fee 543.730
Failure to file statement or pay fees as evidence of abandonment of claim 543.760
Definition of water right 543.765
Certificate to use water for hydroelectric purposes within artificial delivery system 543.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 543.175’s source at oregon​.gov