§ 15-1707 — Procedure on application for license

§ 15-1707. Procedure on application for license.\n 1. Each applicant for a license shall submit to the department a\nwritten verified application in such form as the department may\nprescribe and containing such data or information of the applicant's\nproject as the department may require. It shall be accompanied by\nproposed plans and specifications showing the nature and extent of the\napplicant's proposed development and estimates of cost as may be\nrequired for a full understanding of the proposed project. Such maps,\nplans and specifications when approved by the department shall be made a\npart of the license; and thereafter no changes shall be made in such\nmaps, plans or specifications until such changes shall have been\napproved and made a part of such license by the department. Applications\nshall be filed with the department in the order of their receipt.\n 2. Each license covering water power sites or lands, the title to\nwhich is vested in the state, shall require the payment by the licensee\nof an annual charge measured by a fair rental value thereof; in other\ncases, except where the state has no proprietary interest, an equitable\nannual charge may be made, in determining which the department shall\ngive consideration to the cost of producing power by others in\ncompetition with the licensee; and every license shall require the\npayment by the licensee of an annual charge for the purpose of\nreimbursing the state for the cost of administration of the provisions\nof title 17 of this article. The department, by resolution, shall fix\nand determine such annual charge, and the time or stage of development\nfrom which rentals are to be computed, whereupon if one or more\napplicants signifies his readiness, and establishes to the satisfaction\nof the department his ability, to construct and maintain the proposed\nproject, to pay the charge or rental fixed by the department, and\notherwise to comply with the provisions of title 17 of this article in\nthe use of such water and property, it shall give notice of such\ndetermination and of a time, not less than fifteen days from the date of\nthe first publication of the notice, and of the place of a meeting of\nthe department to take action on such application or applications.\n 3. A copy of such determination and notice shall be served upon each\napplicant for the license not less than fifteen days previous to the\ndate set for the hearing. If the application applies to or may affect\nany canal or canal feeder waters, a like notice shall be given to the\nCommissioner of Transportation. The department shall also cause such\nnotice to be published as provided in subdivision 1 of section 15-0903.\n 4. At the time and place designated in such notice, or at a time and\nplace to which the meeting may be adjourned, the department shall\ndetermine whether the plan or plans set forth in the application or\napplications on file with the department, or any such plan, is or may be\nconsistent with the proper development, conservation and utilization in\nthe public interest of power resources of the water shed, stream or\nlocalities to be affected by the determination. If it shall determine\nthat any of the plans is consistent with such development, conservation\nand utilization and that there is no reason why the water power involved\nshould at the time be withheld in the public interest from development\nby private interests, it may grant the application. If there be two or\nmore such applications it shall decide which of the plans is most\nsuitable for the proper development, conservation and utilization in the\npublic interest of the water power resources of the water shed, stream\nor locality affected.\n 5. The department in granting the license shall accord a preference to\nthe applicant whose plans, being approved under the preceding\nsubdivision, are best adapted to properly develop the water power site\nor sites covered by the application, provided that it is satisfied that\nsuch applicant is reliable and responsible and capable of consummating\nthe project; and provided further that as between two or more plans\nequally well adapted to such purpose, a preference may be given to the\napplication of a municipal corporation, if an order shall have been\npreviously made by the Public Service Commission approving the\ninstallation of a municipal power plant which it proposes to install\nunder the license, or in default of such an application to a riparian\nowner, and, otherwise, to the application first filed with the\ndepartment; and provided further that the department may impose as a\ncondition of granting the license that the plan be modified to improve\nthe development or otherwise conserve the public interest or protect\nprivate rights.\n 6. The department from time to time, either before or after a license\nis granted, may permit minor changes and corrections to be made in any\nmap, plans or specifications filed by an applicant for the purpose of\nimproving the same. It may also permit changes to be made therein for\nthe purpose of better adapting the same to the development, conservation\nand utilization in the public interest of the water power resources of\nthe water shed, stream or locality affected. No correction or change\nshall be made under this subdivision until the same has been authorized\nby a resolution adopted by the department.\n