543A.305
Conversion of hydroelectric water right to in-stream water right; exceptions. (1) As used in this section:
(a) “Holder” has
the meaning given that term in ORS 543.075.
(b) “In-stream
water right” has the meaning given that term in ORS 537.332.
(c) “Reauthorize”
has the meaning given that term in ORS 543.075.
(2) An in-stream
water right shall be subject to the limitations of ORS 537.350 and shall be
maintained in perpetuity, in trust for the people of the State of Oregon. The
priority date of the in-stream water right shall be the same as that of the
converted hydroelectric water right. The location of the in-stream water right
shall be the same as the point of diversion identified in the hydroelectric
water right.
(3) Five years
after the use of water under a hydroelectric water right ceases, or upon
expiration of a hydroelectric water right not otherwise extended or
reauthorized, or at any time earlier with the written consent of the holder of
the hydroelectric water right, up to the full amount of the water right
associated with the hydroelectric project shall be converted to an in-stream
water right, upon a finding by the Water Resources Director that the conversion
will not result in injury to other existing water rights. In making the
evaluation, the director shall consider the actual use of the hydroelectric
project and the resulting impacts on actual use by other existing water rights
as of October 23, 1999. The director may include mitigation measures as conditions
of the in-stream water right to avoid injury and to ensure the continuation of
authorized water uses by other existing water rights.
(4) If the
hydroelectric project is authorized by a pre-1909 unadjudicated claim of
registration, the determination of injury shall be based upon an evaluation of
the actual use as measured during the five years preceding the conversion
action, and shall not constitute a determination under ORS 537.670 to 537.695
as to the underlying claim of registration of the pre-1909 use. Judicial review
of a final order relating to such a conversion shall be limited to review of
the conversion action.
(5) This section
shall not apply to projects on boundary waters that operate with water rights
issued by the State of Oregon and by any other state except upon the written
request of the water right holder.
(6) If
hydroelectric production is not the sole beneficial use authorized by a water
right, this section shall apply only to conversion of that portion of the water
right used exclusively for hydroelectric purposes.
(7) This section
shall not apply if the holder, at any time prior to conversion under subsection
(3) of this section, transfers the hydroelectric water right under ORS 540.520
and 540.530, except that if a time-limited hydroelectric water right is transferred
under ORS 540.520 and 540.530, the provisions of this section shall apply at
the time of expiration of the time-limited water right. [1999 c.873 §2]
Note: 543A.305 was added to and made a
part of 543A.005 to 543A.410 by legislative action but was not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
HYDROELECTRIC
APPLICATION REVIEW TEAM
Notes of Decisions
WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020).
· cites it 42× “The dispute involves the interplay between two statutes, ORS 543A.305 and ORS 537.348. The former was enacted in 1999, four years after the power plant shut down.”
WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021).
· cites it 29× “Whether the water right here should have been sub- ject to conversion depends on the meaning and interaction of two statutes: ORS 543A.305 (the “conversion statute”), which, as described above, mandates the conversion of a hydroelectric water right to an in-stream water right in…”
— Or. Rev. Stat. § 543A.305(1)(a) — 1 case
WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020).
“The dispute involves the interplay between two statutes, ORS 543A.305 and ORS 537.348. The former was enacted in 1999, four years after the power plant shut down.”
— Or. Rev. Stat. § 543A.305(2) — 1 case
WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021).
“Whether the water right here should have been sub- ject to conversion depends on the meaning and interaction of two statutes: ORS 543A.305 (the “conversion statute”), which, as described above, mandates the conversion of a hydroelectric water right to an in-stream water right in…”
— Or. Rev. Stat. § 543A.305(3) — 2 cases
WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020).
“The dispute involves the interplay between two statutes, ORS 543A.305 and ORS 537.348. The former was enacted in 1999, four years after the power plant shut down.”
WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021).
“Whether the water right here should have been sub- ject to conversion depends on the meaning and interaction of two statutes: ORS 543A.305 (the “conversion statute”), which, as described above, mandates the conversion of a hydroelectric water right to an in-stream water right in…”
— Or. Rev. Stat. § 543A.305(6) — 2 cases
WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020).
“The dispute involves the interplay between two statutes, ORS 543A.305 and ORS 537.348. The former was enacted in 1999, four years after the power plant shut down.”
WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021).
“Whether the water right here should have been sub- ject to conversion depends on the meaning and interaction of two statutes: ORS 543A.305 (the “conversion statute”), which, as described above, mandates the conversion of a hydroelectric water right to an in-stream water right in…”
— Or. Rev. Stat. § 543A.305(7) — 2 cases
WaterWatch of Oregon v. Water Resources Dept., 468 P.3d 478 (Or. Ct. App. 2020).
“The dispute involves the interplay between two statutes, ORS 543A.305 and ORS 537.348. The former was enacted in 1999, four years after the power plant shut down.”
WaterWatch of Oregon v. Water Resources Dept., 501 P.3d 507 (Or. 2021).
“Whether the water right here should have been sub- ject to conversion depends on the meaning and interaction of two statutes: ORS 543A.305 (the “conversion statute”), which, as described above, mandates the conversion of a hydroelectric water right to an in-stream water right in…”
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