20170410IPC to Staff Attachment 20.pdf

WATER LAWS543A.410
are unnecessary or unreasonable,the amount
found to be unnecessary or unreasonable
shall be refunded to the applicant.The ap
plicant shall not waive the right to judicial
review by paying the portion of the fee or
expense in dispute.11997 c.449 §34]
amount and require the applicant to make
periodic payments of such costs pursuant to
a cost reimbursement agreement.The cost
reimbursement agreement shall provide for a
first payment of 25 percent of the estimated
costs on a schedule established in the agree
ment.543A.415 Reauthorization fee.(1)Ex-
'*5 1 If costs of the team's evaluation of a
project exceed the estimate in the cost re
imbursement agreement,the applicant shall
pay any excess costs shown in an itemized
statement prepared by the team.In no event
shall the team and its participating agencies
incur evaluation expenses in excess of 110
percent of the fee initially estimated unless
the team provided prior notification to the
applicant and a detailed projected budget the
team believes is necessary to complete eval
uation of the application.If costs are less
than the fee paid,the team shall refund the
excess to the applicant.
(6)The Water Resources Department
shall reimburse participating agencies for
costs incurred in their review of a project.
Such costs shall not include expenses of
other state agencies for which a fee is oth
erwise collected under state law.[1997 c.449
cept as provided in subsection (2)of this
section,each holder of an existing hydro
electric license shall pay to the Water Re-
Department
reauthorization fee in an amount per theore
tical horsepower covered by the existing li
cense that,when added to the amount per
theoretical horsepower covered by the exist
ing license that is paid under ORS 543.300,
equals 28 cents for each horsepower covered
by the existing license,or $15,whichever is
greater,for the purpose of implementing the
state reauthorization process established by
this chapter and ORS 468.065,468B.040,
annuallysources a
irC 'A
fee
468B.045,468B.046,536.015,536.050,543.012
and 543.710.The reauthorization fee shall be
paid until the project is reauthorized,and a
water right issued,under this chapter and
ORS 468.065,468B.040,468B.045,468B.046,
536.015,536.050,543.012 and 543.710.Upon
§33,reauthorization and issuance of a water
right,a new annual fee shall be assessed un
der ORS 543.300,and the reauthorization fee
shall no longer apply.
543A.410 Fees and expenses to be nec
essary,just and reasonable;appeal.(1)All
expenses incurred by the Hydroelectric Ap
plication Review Team and its participating
agencies that are charged to or allocated to
the fee paid by an applicant shall be neces
sary,just and reasonable.Upon request,the
team shall provide the applicant with a de
tailed justification for all charges.Not later
than January 1 of each year,the Water Re
sources Director by order shall establish a
schedule of fees that those persons submit
ting a notice of intent must submit under
(2)The department shall notify existing
license holders of the amount of the fee de
scribed in subsection (1)of this section.The
notice shall state the date by which the li
cense holder must notify the department if
the license holder does not intend to reau
thorize the project.The department shall as
sess the fee described in subsection (1)of
this section unless the license holder notifies
the state that it does not intend to apply to
reauthorize the project upon expiration of
the license.The holder of an existing hydro
electric license that notifies the department
that it does not intend to reauthorize the
project need not pay the reauthorization fee
and may not seek reauthorization of the
project upon expiration of the existing li
cense.
ORS 543A030 or 543A.075.The fee schedule
shall be designed to recover the actual costs
of evaluating the notice of intent.Fees shall
be based on actual,historical costs incurred
by the team and its participating agencies to
the extent historical costs are available.The
fees established by the schedule shall reflect
the size and complexity of the project for
which a notice of intent is submitted.
..j i (3)The department shall submit a report
(2)If a dispute arises regarding the ne-j-j^e Legislative Assembly during each leg-
cessity or reasonableness of expenses islative session describing the department's
charged to or allocated to the fee paid by an uge of reauthorization funds,
applicant,and if the dispute is not resolved
by the directors of the affected agencies,the .....
applicant may seek judicial review in circuit reauthorization fee in subsection (1)of this
court of the amount of expenses charged or section shall be deposited to the Water Re
allocated as provided in ORS 183.480,183.484,sources Department Hydroelectric Fund and
183.490 and 183.500.If the applicant estab-disbursed to the Department of Environ-
lishes that any of the charges or allocations mental Quality.[1997 c.449 §37;1999 c.873 §17]
(4)Four cents of each 28 cents paid as a
222