Or. Admin. Code § 690-053-0025

Current through Register Vol. 63, No. 11, November 1, 2024

Section 690-053-0025 - Types of amendments that will be considered under these rules

All amendments allowed in this section must be consistent with the standards in 690-053-0020.

(1) Hydroelectric water right holders as defined in ORS 543.075(2) may submit amendment applications that allow augmentations or redistribution of the volume of water allowed for diversion in the applicable hydroelectric water right only if the proposed amendments meet management goals of state wildlife or environmental quality agencies and are shown to restore, enhance or improve fish populations and/or water quality within the river systems. This includes:

(a) The rescheduling or redistributing of the total amount of water used over the year so that more water may be diverted during certain times of the year in exchange for reductions of water use during other times.

(b) Augmenting or increasing the total yearly amount of water provided that:

(A) The proposed augmentation does not require the construction of new facilities or change in the point of diversion or use.

(B) The proposed augmentation meets the resource protection standards in ORS Chapter 543A.025; and

(C) The proposed augmentation has water available from the proposed source during the times and in the amounts requested.

(D) Pursuant to ORS 543A.145(3), any augmentation will receive as a priority date the date of filing the amendment application.

(2) Hydroelectric water right holders may submit application amendments for the following:

(a) Adding fish protection and/or water quality as a beneficial use.

(b) Changing one or more items in the "water right conditions" section of the applicable hydroelectric water right provided that, after the application has been submitted, the affected state agencies have been consulted by the project owner and agree in writing that the amendment is needed.

(c) Hydroelectric water right holders may submit application amendments altering the date of expiration in the applicable hydroelectric water right to match the period granted by FERC.

(d) Clarifying language or correcting administrative errors.

(3) Other proposed amendments not identified in these rules may be considered by the Department provided that the proposed amendment meets the criteria in 690-053-0020.

Or. Admin. Code § 690-053-0025

WRD 2-2001, f. & cert. ef. 3-30-01

Stat. Auth.: ORS 543.092 & ORS 536.027

Stats. Implemented: ORS 543.092 & ORS 543A