Oregon Administrative Code

690-040-0000 Reclamation of Lands under Provisions of the Carey Act (1) Rules pertaining to the reclamation of lands accepted by the State of Oregon under the provisions of the Carey Act were promulgated by the State Reclamation Commission, now under the administration of the Wat…

690-051-0000 Purpose These rules establish definitions, information requirements, filing procedures, hearing requirements, fees, and standards for hydroelectric development. The Water Resources Commission and the Director shall use these rules to process applications for permits …

690-051-0010 Definitions Terms used in ORS 537.170, 543.015, 543.017, 543.220, 543.225, 543.255, and in these rules are given the following meanings: (1) "Affected Local Government" means any local government, as defined in OAR 690 005 0015, within whose jurisdiction the use of w…

690-051-0020 Projects to be Considered by the Commission (1) The Commission or Director where designated by these rules or separate order, shall consider projects for which applications for Permits to appropriate water for hydroelectric purposes under ORS 537.140 and applications…

690-051-0030 Restriction on Filing (1) Whenever a proposed project is located within one of the following designated resource areas, the Department shall provide notice of the application to the managing agency: (a) National parks; (b) National monuments; (c) Wilderness areas est…

690-051-0040 Preliminary Permit not Required No License or Permit shall be issued within six months of either approving the Preliminary Permit or acceptance of the License or Permit application. A Preliminary Permit is unnecessary where the project is a minor project. Statutory/O…

690-051-0050 Applications: Filing Procedure (1) All applications to use water for hydroelectric purposes shall be filed with the Director at Salem, Oregon. Applications shall be typed so that the paragraphs and headings correspond with the information required. All applications s…

690-051-0060 Consultation All applicants shall consult with appropriate government entities. Consultation shall occur before an application for a License or Permit is filed. The first consultation may occur with the agency representatives after the Preliminary Permit application …

690-051-0070 Applications for Preliminary Permits: Contents and Scope of Evaluation All applications for Preliminary Permits shall include information described in this rule. The applicant shall supply the information in sufficient detail to evaluate the potential for cumulative …

690-051-0080 Application of Standards to Preliminary Permits (1) Preliminary Permit applications shall be approved unless the Director finds the proposed project would not be in the public interest because of significant adverse impacts on natural resources or other uses of the w…

690-051-0090 Applications for Minor Projects: Contents, Scope of Evaluation and Application of Standards (1) An application shall be filed for each minor License or Permit. An application must contain the information in OAR 690-051-0070. No application shall be filed for a projec…

690-051-0095 Applications for Major Projects: Scope of Evaluation and Application of Standards This rule establishes the process the applicant, the Department and those participating in the process must follow and defines the stages of application review and processing as require…

690-051-0100 Application for Major License or Permit: Contents, Scope of Evaluation All applications for major Licenses or major Permits shall include the information described in this rule. The applicant shall supply the information in sufficient detail which also evaluates the …

690-051-0130 Hearings Requirements for Preliminary Permits, Licenses and Permits; Notice of Hearings (1) A public hearing shall be held on each application for a Preliminary Permit or as required under 690-051-0095(3)(a). The public hearing shall be held in a community near the p…

690-051-0140 Time and Place of Hearings The conduct of contested hearings shall be as provided in OAR 137-003-0501 through -0700. The contested case hearing may be heard at the Director's office in Salem. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 8-2…

690-051-0150 Filing of Protest and Remonstrances (1) All protest and requests for standing must be filed with the Director within the time specified in the notice. To become a party to a contested case hearing the fees required under ORS 536.050(1) (j), (n), and/or (o) as appropr…

690-051-0160 Standards for Evaluation The standards in OAR 690-051-0170 to 690-051-0290 implement the provisions of ORS 537.160, 537.170, 543.017, 543.225 and 543.255 for the review of all hydroelectric applications. To be approved, a project must comply with the minimum standard…

690-051-0170 Protection of Designated Resource Areas and Special Management Areas (1) The Director shall consult with the managing agency for any proposed projects having effects on a designated resource area listed in OAR 690-051-0030(1) or a special management area listed in se…

690-051-0180 Mitigation, No Net Loss (1) The following standards on mitigation and no net loss are minimums. They apply to all natural resources in the project vicinity. Resource specific rules may impose stricter standards. In order to approve an application, the Director must d…

690-051-0190 Water Resources The Director and Commission shall determine whether the proposed project would impair or be detrimental to the public interest so far as the coordinated, integrated state water resources policy is concerned. In order to approve an application, the Dir…

690-051-0200 Fish Resources (1) Per ORS 543.017, anadromous salmon and steelhead resources and habitats shall be preserved. It is the policy of the State to protect the natural resources of the state from possible adverse impacts of a project (ORS 543.015). In order to approve an…

690-051-0210 Wildlife Wildlife and wildlife habitats in the project vicinity shall be maintained or enhanced. In order to approve an application, the Director shall apply the following standards: (1) The location, design, construction or operation of the proposed project shall no…

690-051-0220 Plant Life In order to approve an application, the Director shall apply the following standard: that the location, design, construction or operation of the proposed project shall not jeopardize the continued existence of plant species which are: (1) Designated or off…

690-051-0230 Recreation No project may be approved that would result in a net loss of recreation opportunities. Scenic and aesthetic values shall be maintained or enhanced. In order to approve an application, the Director shall apply the following standards: (1) Project facilitie…

690-051-0240 Hist.: Cultural and Archaeological Resources >>>end_of_rule<<< (1) Historic, cultural and archaeological resources shall be maintained or enhanced. In order to approve an application, the Director shall apply the following standards: (a) The project will not result i…

690-051-0250 Land Resources In order to approve an application, the Director shall apply the following standards: (1) Adverse impacts on high value or important farmlands or agricultural land as identified in OAR Chapter 660, Division 33, shall be avoided, minimized or offset by …

690-051-0260 Land Use (1) The Director or Commission shall meet requirements established in OAR 690-005-0045 (Standards for Goal Compliance and compatibility with Acknowledged Comprehensive Plans) in evaluating, or taking action on, a Permit or License for hydroelectric use. (2) …

690-051-0280 Need for Power In order to approve an application, the Director, shall make a finding on the need for power. In making this finding the Director shall consider the present and future power needs, taking into consideration: (1) Whether there is a need for project powe…

690-051-0290 Consolidated Review (1) The Director shall enter an order on the potential that the proposed project may contribute to cumulative impacts with other existing, approved or proposed hydroelectric projects in the same river basin. It is presumed that if there are other …

690-051-0300 Interim Orders If, after reviewing an application for a Permit under ORS 537.170, the Director determines there is insufficient information to address the standards of OAR 690-051-0170 to 690-051-0280, the Director may either enter an order rejecting the application …

690-051-0320 Competing Applications (1) When filed with the Director, a notice of competing application shall also be served on other applicants for the same site. (2) A competing application shall be filed with the Director within 180 days of the time the original application is…

690-051-0350 Minor Projects, Waiver of Provisions of Act Where the Licensee is Not a Public Utility For minor projects of not more than 100 THP, the Director in issuing Licenses waives the following conditions, provisions, and requirements of ORS Chapter 543: (1) ORS 543.530 whic…

690-051-0380 Water Rights The right to the use of the waters of the State of Oregon in connection with the development of any water power project for the generation of electricity under a License issued by the Director shall be vested in the Licensee while the License or any lawf…

690-051-0390 Failure to Construct Project or Utilize Water (1) When starting construction, a Licensee must notify the Director using the form attached to the License. Similar notice must be sent to the Director when the project is completed. (2) Whenever a Licensee fails to begin…

690-051-0400 Application Filing Fees (1) An applicant for a Preliminary Permit or License for a project or for a Permit to appropriate water for power purposes shall pay to the state a project fee based on the capacity of the project to cover costs of recording, publishing notice…

690-051-0410 Agreements Between Municipal and Private Applicants (1) A district or municipal applicant and a private applicant may contract together for the purpose of developing hydroelectric power. The joint project may receive the benefit of municipal preference and proceed un…

690-052-0000 Purpose (1) The purpose of this division is to establish a process, create definitions, standards, procedures, filing requirements, and appeal rights for the decommissioning of hydroelectric projects operating solely under state authority and not under the authority …

690-052-0010 Definitions As used in OAR 690-052-0020 to 690-052-0160: (1) "Dam" means an artificial barrier constructed above ground to impound or divert the natural flow of water in a river, stream or intermittent drainage, or to otherwise create by artificial barrier constructe…

690-052-0020 Initiation of Decommissioning Process (1) If an operator does not submit a notice of intent to reauthorize under ORS 543A.030, the Department shall within 60 days after the deadline for filing the Notice of Intent, request from the operator information regarding the …

690-052-0030 Public Notice and Comment (1) After contacting the operator pursuant to OAR 690-052-0020 above, or if the Department is unable to contact the operator, the Department shall cause to be issued, a public notice of the decommissioning of the project. (a) The public noti…

690-052-0040 Process Determination (1) After the close of the comment period in OAR 690-052-0030, the Department shall determine whether the decommissioning plan will be developed through a standard or expedited process. In making the determination, the Department shall consider …

690-052-0050 Expedited Process If the Department decides to conduct the decommissioning using the expedited process, within 120 days of making that decision, the Department shall develop an initial draft plan considering available information and comments received. Upon completio…

690-052-0060 Standard Process; Decommissioning Application Review Team (1)(a) If the Department decides to conduct the decommissioning using the standard process, the Department shall establish a Decommissioning Application Review Team (DART). The Department shall participate in …

690-052-0070 Decommissioning Plan; Standard for Review (1) When developing an initial draft plan under OAR 690-052-0050 or 690-052-0060, or a draft decommissioning plan under 690-052-0090, the Department shall include terms and conditions in the plan to protect the public health …

690-052-0080 Agency Comments (1) Upon development of an initial draft plan under either OAR 690-052-0050 or 690-052-0060, the Department shall distribute the plan to the DART, if created, appropriate natural resource agencies, and any other agencies that provided comments under 6…

690-052-0090 Draft Decommissioning Plan Upon completion of the agency review process and any revisions, the Department shall issue the plan, as a draft decommissioning plan, for public notice and comment according to OAR 690-052-0100. The terms and conditions of the plan shall sa…

690-052-0100 Public Notice and Comment for Draft Decommissioning Plan (1) Department shall give public notice of the draft decommissioning plan in the weekly bulletin, and shall notify any person who requested notice under OAR 690-052-0030(3). The public notice shall include info…

690-052-0110 Proposed Final Order: Findings and Criteria; Protests (1) Within 90 days of the close of the comment period in OAR 690-052-0100, a proposed final order, containing the draft decommissioning plan, shall be prepared by the Director. The plan shall comply with the stand…

690-052-0120 Contested Case Hearings Contested case hearings will be conducted according to the terms and conditions set forth in Oregon Laws 1999, Chapter 849 (House Bill 2525), the rules adopted pursuant to that chapter, and any applicable Department rules. Statutory/Other Auth…

690-052-0130 Exceptions to the Proposed Final Order; Final Order (1) Any party may file exceptions and arguments with the Department within 20 days following the date of service of the proposed order on the parties to the contested case proceeding. Exceptions and arguments must b…