2011 Oregon Revised Statutes
ORS Volume 13, Chapters 536 - 644
ORS Chapter 541
541.720 Conditions for project application approval.

(1) The Water Resources Commission may approve the financing for the construction of a water development project described in an application filed under ORS 541.705, or subject to section 25, chapter 907, Oregon Laws 2009, in an application filed under section 20, chapter 907, Oregon Laws 2009, using moneys in the Water Development Fund secured by a first lien or by other good and sufficient collateral in the manner provided in ORS 541.740 if, after investigation, the commission finds that:

(a) The proposed water development project is feasible and a reasonable risk from practical and economic standpoints;

(b) The plan for the construction, operation and maintenance of the proposed water development project is satisfactory and, if the primary purposes of the project include irrigation or drainage, the agricultural potential is confirmed;

(c) The plan for construction and operation will provide multipurpose facilities, to the extent practicable;

(d) The applicant is a qualified, credit-worthy and responsible water developer that meets the standards established by commission rule and is willing and able to enter into a contract with the commission for construction and repayment as provided in ORS 541.730;

(e) Moneys in the Water Development Fund are or will be available for the construction of the proposed water development project;

(f) There is a need for the proposed water development project, the proposed project is in the public interest and the applicant s financial resources are adequate to provide the working capital needed to operate and maintain the project; and

(g) The construction cost associated with any secondary use does not exceed the construction cost of the primary use of the water development project.

(2) ORS 541.700 to 541.855 do not limit the authority granted the Environmental Quality Commission or the Department of Environmental Quality under ORS chapter 468B. [1977 c.246 5; 1981 c.166 2; 1981 c.592 3; 1985 c.673 115; 1999 c.212 2; 2009 c.907 6]