(1) If the Water Resources Commission cancels a permit or certificate under ORS § 537.295 or 537.297, the municipal applicant may apply for a permit to appropriate water for hydroelectric purposes under this chapter, or the private developer may apply for a hydroelectric license under ORS Chapter 543. However, the parties may not jointly apply for a permit to appropriate water for hydroelectric purposes pursuant to ORS § 537.285.

(2) When a permit or certificate is canceled under ORS § 537.295 or 537.297, the cancellation order may include such conditions and requirements as the commission deems necessary for the public safety and welfare, including but not limited to:

(a) Delay of the effective date of cancellation until such time as another entity is authorized to operate the facility under this chapter or ORS Chapter 543; or

(b) Provision for operation of the facility during the period between cancellation and issuance of a new permit, certificate or license. [1985 c.392 § 9; 1985 c.673 § 190]

[Subsection (2) enacted as 1961 c.187 § 2; 1985 c.673 § 39; renumbered 537.345 and then 537.400 in 1987]