(1) For a federally licensed project, the Water Resources Department and the Hydroelectric Application Review Team shall conduct the state reauthorization review, to the maximum extent feasible, in a manner that is consistent with and avoids duplication of federal agency review. Such coordination shall include, but need not be limited to:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(a) Whenever feasible, elimination of duplicative application, study and reporting requirements;

(b) Hydroelectric Application Review Team use of information generated and documents prepared for the federal agency review;

(c) Development with the federal agency and reliance on a joint record to address applicable state standards;

(d) Whenever feasible, joint hearings and issuance of a state water right decision in a time frame consistent with the federal agency review; and

(e) To the extent consistent with applicable state standards, establishment of conditions in any state hydroelectric water right that are consistent with the conditions established, or required to be incorporated into licensing, by the federal agency.

(2) In order to better coordinate with the review of the project by the Federal Energy Regulatory Commission, the team may, at the request of an applicant, make changes to the process set forth in ORS § 543A.060 to 543A.115, if the changes do not diminish opportunities for public input otherwise provided by ORS § 543A.060 to 543A.115. [1997 c.449 § 12]