ORS 543.210
Preliminary permits; application; contents; fee


(1)

Any person who proposes to operate a hydroelectric project in Oregon shall apply for a state preliminary permit. Any person who applies to the Federal Energy Regulatory Commission for a preliminary permit to operate a hydroelectric project shall, at the same time, apply for a state preliminary permit. The Water Resources Commission may issue a preliminary permit to any person possessing the qualifications of a licensee as specified in ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality).

(2)

The application for a preliminary permit shall set forth:

(a)

The name and post-office address of the applicant;

(b)

The approximate site of any proposed dam or diversion;

(c)

The amount of water in cubic feet per second;

(d)

The theoretical horsepower; and

(e)

Any other data the commission may by rule require.

(3)

Upon receipt of an application for a preliminary permit the commission shall indorse on the application the date of receipt, and keep a record of the receipt of the application. The date so indorsed shall determine the priority of the use of water initiated under the provisions of ORS 543.010 (Definitions for ORS 543.010 to 543.610) to 543.610 (Acquisition of project by state or municipality).

(4)

At the time of filing application for preliminary permit the applicant shall pay to the state the portion of the total project fee required in ORS 543.280 (Fee payments by licensee), to cover costs of recording, publishing notices and making investigations necessary to determine whether or not a preliminary permit should be granted. [Amended by 1961 c.224 §15; 1985 c.673 §147; 1991 c.869 §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
Last accessed
May. 15, 2020