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Detailed Information for: Hydroelectric Water Right, New Major Private
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Updated: 3/20/2007
Description: A major hydroelectric project is one with capacity greater than 100 theoretical horsepower.

An applicant may receive a water right for a new major hydroelectric project for a period of 20 to 50 years.

All new hydroelectric water rights are expressly made inferior in right and subsequent in time to all other upstream beneficial consumptive uses of water. This means that the project must operate on the flows available in the river, and no other diversions will be shut down to make additional water available.

The process for applying for a new major private hydroelectric water right is set forth in Oregon Revised Statutes (ORS) Chapter 543 and Oregon Adminstrative Rules (OAR) Chapter 690 Division 51.

Water related projects often require multiple permits. Please see Common Water Related Projects for information on other permits that may be required to accomplish your project.
Statutes, Rules, Ordinances: ORS 543
OAR 690-051
Duration: 20-50 years
Fees - application, exam, etc.:  $5,000.00 plus $1,000 per megawatt (MW) in excess of 5 MW, up to a maximum of $100,000. A surcharge of 30% of the total fee will be added if anadromous or threatened or endangered fish are present at the site of the proposed project. Other fees may apply.
Responsible Agency: Water Resources Department
Examination Information: Applications are reviewed under the applicable provisions of ORS Chapter 543 and OAR Chapter 690 Division 51. Note that private hydroelectric water rights must be either reauthorized or decommissioned at the end of the period of the water right. Each of those options entails a significant new separate process.
Bonding Requirements: n/a
Insurance Requirements: n/a
Application Form: n/a
Service Links:  Water Rights in Oregon
contact Agency Contact Information
Required Documentation: Applications are reviewed under the applicable provisions of ORS Chapter 543 and OAR Chapter 690 Division 51, and the application must contain all information as specified in those provisions for new major private hydroelectric projects.
Additional Information: The Oregon Water Resources Department (OWRD) strongly suggests that any person interested in obtaining a new hydroelectric water right contact OWRD and schedule a pre-application conference to discuss the application process, fees, resource issues, etc.

  Agency Information
Please refer to the Agency Website for further details and additional information.
Agency Name: Water Resources Department
E-mail Address: Kenneth.L.Smith@state.or.us
Phone: 503-986-0900
Mail Address: Oregon Water Resources Department
725 Summer St NE
Salem, OR 97301 - 1271
Website Information: http://www.wrd.state.or.us/

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