Oregon Revised Statutes

Or. Rev. Stat. § 537.240 (2026)

Federal permit; time for obtaining; cancellation; time for beginning and completing work

✓ current as of May 2026

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537.240 Federal permit; time for obtaining; cancellation; time for beginning and completing work. (1) In any case where a permit from the Federal Energy Regulatory Commission is or shall be required in connection with the development of the applicant’s proposed project, the applicant shall make application for the necessary federal permit or license within six months, or, if the applicant is a municipal corporation, within 10 years, from the date of filing application for appropriation of water with the Water Resources Department.

(2) Upon failure of the applicant to file with the department, within 30 days after the expiration of the period above prescribed, satisfactory proof that application for the federal permit or license has been duly made, the application to appropriate water shall be terminated and become void.

(3) Where the application for the necessary permit or license from the Federal Energy Regulatory Commission is finally rejected or disallowed, or if after being granted, the permit or license is revoked or forfeited because of failure to begin or carry on the construction work when and as required by the permit or license, then the department shall, upon the filing in the Water Resources Department of satisfactory proof of such fact, revoke and cancel any permit issued by the department for appropriation of water for use in the project for which the federal permit or license was required.

(4) In case of any permit issued for the appropriation of water for the utilization of which a permit or license from the Federal Energy Regulatory Commission is necessary, the time to be allowed for the beginning and completion of construction under the permit from the department shall be made to conform to the time fixed for such beginning and completion in the permit or license, and in any extension thereof, issued for the project by the Federal Energy Regulatory Commission. [Amended by 1985 c.673 §36; 1995 c.416 §36]

Notes of Decisions

Cited in 2 cases, 1956–2004 · leading case: Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004).

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Waterwatch of Oregon, Inc. v. Water Resources Comm'n, 88 P.3d 327 (Or. Ct. App. 2004). · cites it 3× “230, which provides, in part: *101 “(1) Except as provided in ORS 537.240 [addressing appropriation subject to permits from the Federal Energy Regulatory Commission] or 537.”

Smyth v. Jenkins, 299 P.2d 819 (Or. 1956). · cites it 2× “230 provides: “Except as provided in ORS 537.240 [has to do with Federal permits when required], actual construction work * * * shall begin within one year from the date of approval of the application.”

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