Withdrawal of Certain Waters From Appropriation

ORS 538.251
Tributaries of Columbia River

  • limitations on appropriation or diversion


Except as otherwise provided in this section, the following waters, all being tributaries of the Columbia River, are withdrawn from appropriation and shall not be diverted or interrupted for any purpose, except for protecting fish life therein by the State Fish and Wildlife Commission:

(1)

Clatskanie River and its tributaries, except Fall Creek in Columbia County, for purposes of hydroelectric generation if the facility is constructed and operated in compliance with recommendations by the State Department of Fish and Wildlife concerning fish conservation, including streamflow requirements based upon biological criteria.

(2)

Klaskanine River and its tributaries in Clatsop County except an unnamed tributary of the South Fork Klaskanine River in Clatsop County, on which there is located an existing fish culture project, for purposes of hydroelectric generation if the facility is less than 100 horsepower and the electricity generated is for use in conjunction with the existing fish culture project.

(3)

Lewis and Clark River in Clatsop County.

(4)

Sandy River and its tributaries in Multnomah and Clackamas Counties, except:

(a)

Beaver Creek and its tributaries.

(b)

Buck Creek and its tributaries.

(c)

The tributary of the Sandy River in Multnomah County which empties into the Sandy River near the north quarter corner, section 10, township 1 south, range 4 east, Willamette Meridian, and its tributaries, and is locally known as Big Creek.

(d)

All tributaries, but not the main channel, of the Sandy River are open for appropriation and storage from December 1 to June 1 of each year. Water stored during this period may be used at any time.

(e)

Trout Creek in Multnomah County and its tributaries.

(5)

Scappoose Creek in Columbia County.

(6)

Tillasqua Creek in Clatsop County. [1953 c.222 §2; 1961 c.366 §1; 1971 c.139 §1; 1983 c.807 §4; 1987 c.392 §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