Withdrawal of Certain Waters From Appropriation

ORS 538.200
Streams forming waterfalls near Columbia River Highway

  • withdrawal from appropriation or condemnation
  • diversion or interruption prohibited


The following streams and waters thereof forming waterfalls or cascades in view of, or near, the Columbia River Highway, from Sandy River to Hood River, the first 17 of which are in Multnomah County and the remainder of which are in Hood River County, are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except as mentioned in ORS 538.210 (Condemnation of lands for park not prevented):

(1)

Latourell Creek-forming Latourell Falls.

(2)

An unnamed stream whose waterfall is approximately at the southwest quarter of the southwest quarter of the northwest quarter of section 28, township 1 north, range 5 east, at the northern edge of Tax Lot 27/28. The fall is on the south side of the old Columbia River Highway 0.7 mile west of the highway bridge at Young Creek.

(3)

An unnamed stream whose waterfall is approximately at the southeast quarter of the southwest quarter of the northwest quarter of section 28, township 1 north, range 5 east, at the northern intersection of Tax Lot 27/26. The falls are on the south side of the old Columbia River Highway 0.6 mile west of the highway bridge at Young Creek.

(4)

An unnamed stream whose waterfall is approximately at the northeast quarter of the northeast quarter of the northwest quarter of section 28, township 1 north, range 5 east, Tax Lot 3. The falls are on the south side of the old Columbia River Highway 0.1 mile west of the highway bridge at Young Creek.

(5)

Young Creek-forming Shepperd Dell Falls.

(6)

Bridal Veil Creek-forming Bridal Veil Falls.

(7)

Coopey Falls Creek.

(8)

Mist Falls Creek.

(9)

Wahkeena Creek-forming Wahkeena Falls, formerly known as Gordon Falls.

(10)

Multnomah Creek-forming Multnomah Falls.

(11)

Oneonta Creek-forming Oneonta Falls and Gorge.

(12)

Horse Tail Creek-forming Horse Tail Falls.

(13)

Tumalt Creek.

(14)

McCord Creek, formerly known as Kelly Creek-forming Elowah Falls.

(15)

Moffatt Creek-forming Wahe Falls.

(16)

Tanner Creek-forming Wahclella Falls.

(17)

Eagle Creek-forming Metlako Falls.

(18)

Ruckle Creek, formerly known as Deadman’s Creek.

(19)

Herman Creek.

(20)

Grays Creek.

(21)

Gorton Creek-forming Gorton Creek Falls.

(22)

Harphan Creek.

(23)

Summit Creek-forming Camp Benson Falls.

(24)

Lindsey Creek-forming Lindsey Falls.

(25)

Spring Creek, also known as Wonder Creek-forming Lancaster Falls.

(26)

Warren Creek.

(27)

Cabin Creek.

(28)

Starvation Creek-forming Starvation Falls.

(29)

Viento Creek.

(30)

Perham Creek.

(31)

Phelps Creek, except those creeks which are tributary to Phelps Creek and which arise in the north one-half of section 5, township 2 north, range 10 east of the Willamette Meridian, subject to prior rights. [Amended by 1953 c.48 §2; 1985 c.261 §1]
§§ 538.010 to 538.300

Law Review Citations

21 EL 12 (1991); 28 WLR 285 (1992)

Chapter 538

Atty. Gen. Opinions

Reservation to state of "all coal and other minerals" in deed of land by state as reservation of geothermal resources, (1980) Vol 41, p 298


Source

Last accessed
Jun. 26, 2021