Or. Admin. Code § 690-051-0390 - Failure to Construct Project or Utilize Water

(1) When starting construction, a Licensee must notify the Director using the form attached to the License. Similar notice must be sent to the Director when the project is completed.

(2) Whenever a Licensee fails to begin or complete construction work within the time fixed in the License or as lawfully extended or fails to proceed with construction with due diligence, or, after completing the work, fails to use or operate the project for any period of five consecutive years, the Director shall, after due notice given, terminate the License by a written order. If, after two years' nonuse of the Licensed project there is a conflicting application for or claim to use of the water, the Licensee may be required by the Director to show why the conflicting application should not be granted and the License in question terminated.

(3) The holder of a Preliminary Permit may request an extension of time to complete feasibility studies and prepare a License application. A Licensee may request an extension of time to begin or complete construction under a hydroelectric license. Extension requests shall be made on forms provided by the Director or on an acceptable substitute prepared by the applicant.

(4) Applications for extensions of time must contain the following information:

(a) Name, address and telephone number of the applicant;

(b) File number and type of Permit or License;

(c) Length of extension requested; and

(d) Work previously completed.

(5) In considering applications for extension of time, the Director shall consider:

(a) Preliminary Permits (additional one-year maximum) including:

(A) Adequacy and timeliness of required six-month reports; and

(B) Studies completed within the term of Permit.

(b) Beginning of construction under License (one extension for maximum of two additional years); and

(c) Time to completion of construction (no statutory limit) including:

(A) Whether an extension is in the public interest; and

(B) Whether construction has been carried on in good faith and with reasonable diligence.

(6) No legally allowable request for extension of time shall be denied if the reasons for delay are litigation or required actions by other state and federal agencies.

Notes

Or. Admin. Code § 690-051-0390

WRD 14-1986, f. & ef. 10-13-86; WRD 2-1993, f. & cert. ef. 5-19-93

Stat. Auth.: ORS 536.025, ORS 536.027, ORS 537 & ORS 543

Stats. Implemented: