ORS 543.720
Payment of annual fee

  • accompanying statement
  • penalty for nonpayment of fees or nonfiling
  • lien
  • foreclosure
  • effect of filing excessive claim
  • computation of horsepower

(1)

The fees provided for in ORS 543.710 (Annual fee based on horsepower) shall be paid to the Water Resources Commission in advance, and shall be accompanied by a written statement showing the extent of the claim. The statement shall set forth the name and address of the claimant; the name of the stream from which the water is appropriated or claimed for power development; a description of the 40 acres, or smallest legal subdivision in which the point of diversion and point of return are located; the date of the right as claimed; the maximum amount of water claimed expressed in cubic feet per second of time; the total average fall utilized under such claim; the manner of developing power; and the use to which the power is applied. If the regular flow is supplemented by water stored in a reservoir, the location of the reservoir, its capacity in acre-feet and the stream from which it is filled and fed, should be given, also the date of the right as claimed, for storage purposes.

(2)

If any claimant fails or neglects to file the statement or to pay the fees within the time specified, the fees due and payable shall be the amount specified in ORS 543.710 (Annual fee based on horsepower) increased 25 percent. The state shall have a preference lien for the fees due, together with interest at the rate of 10 percent per annum from date of delinquency, upon the property of the claimant used, or necessary for use, in the development of the right or claim, together with any improvements erected on the property for such development. Upon notice from the commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed.

(3)

The filing of a claim to water in excess of the amount to which the claimant is legally entitled shall not operate to vest in the claimant any right to the use of such excess water, nor shall the payment of the annual license fee provided for in ORS 543.710 (Annual fee based on horsepower) operate to vest in any claimant any right to the use of such water beyond the amount to which claimant is legally entitled. The filing of any such claim to water shall be conclusive evidence as to the abandonment by the claimant of all rights to water for power purposes in excess of the claim as filed.

(4)

The amount of theoretical water horsepower upon which fees shall be paid under the provisions of this section and ORS 543.710 (Annual fee based on horsepower) shall be computed by multiplying the maximum amount of water claimed, expressed in cubic feet per second, by the average total fall utilized, expressed in feet, and dividing the product by 8.8. [Amended by 1985 c.673 §163]

Source: Section 543.720 — Payment of annual fee; accompanying statement; penalty for nonpayment of fees or nonfiling; lien; foreclosure; effect of filing excessive claim; computation of horsepower, 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

§ 543.720’s source at oregon​.gov