Oregon
Water
Resources
Congress
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TO: Chair Dingfelder and Members of the House Committee on Energy and Environment
FROM: Anita Winkler, Executive Director, Oregon Water Resources Congress
DATE: April 11, 2007
SUBJ: HB 2785 Amendments _________________________________________________________
The -3 amendments to HB 2785 before you are the result of discussions among the Oregon Water Resources Congress, the Oregon Farm Bureau Federation, WaterWatch of Oregon, the Water Resources Department, and the Department of Fish and Wildlife.
This bill with its amendments provides for streamlined processing of an application to use water diverted under an existing water right for hydropower production. This process cannot be used for a new water right for hydropower production.
To summarize the amendments: Ø Ensure these small hydro projects will occur only in man-made conveyance systems and not in natural streams. Ø Ensure the certificate for hydropower does not create a new right as far as regulating other groundwater or surface water rights and that this water rights does not create a right to divert water. Ø Specifically states that the hydropower right under this certificate does not have its own priority date. Ø Ensure the certificate for hydropower is tied to the exemption from the Federal Energy Regulatory Commission (FERC) where applicable. Ø Ensures the fees for this certificate are deposited in the Water Resources Department’s Hydroelectric Fund. Ø Describes the process for public notice and comments and for determination of public interests raised by the application for the certificate. Ø Allow the fees paid for an application to be process under the streamlined processing in this bill to be applied to the fees for a normal application if the project cannot be handled under this streamlined process. Ø Ensures a certificate under this process does not expand in any way the use of the water under the underlying water rights. Ø Requires measurement and reporting of the quantity of water diverted. Ø Requires a review of the hydropower water right after 50 years, consistent with FERC requirements. Ø Requires the FERC exemption be in place before the hydropower certificate can be issued and provides that if FERC cancels or rescinds the exemption, the hydropower right is invalidated.
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