Withdrawal of Certain Waters From Appropriation

ORS 538.210
Condemnation of lands for park not prevented

  • vested and riparian rights not affected
  • condemnation of lands or appropriation of waters for fish culture not prevented


ORS 538.200 (Streams forming waterfalls near Columbia River Highway) shall not prevent the condemnation for public park purposes of any lands through which any of the streams flow; nor affect vested rights or the rights of riparian proprietors of such lands in or to the waters of the creeks or streams; nor prevent the condemnation of any lands through which any of the streams flow, for the purpose of establishing, maintaining and operating thereon salmon fish culture work, nor prevent the State Fish and Wildlife Commission from appropriating any waters for fish culture work; nor prevent the appropriation, for irrigation purposes, of waters between the Union Pacific Railroad tracks and the Columbia River that flow from any of the streams other than Herman Creek; provided, that no waters shall be taken from above the falls in the streams mentioned in ORS 538.200 (Streams forming waterfalls near Columbia River Highway). [Amended by 1978 s.s. c.2 §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