Oregon Statutes - Chapter 538 - Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Rights

• 538.010   Waters diverted from Ditch Creek; rights of use and appropriation; certificate; time limitation.
  (1) The waters of Ditch Creek which were diverted to and became a part of the waters of Willow Creek, under the provisions of chapter...
• 538.020   Acquisition of property necessary for storage and diversion.
  The county court of Morrow County may, for the purposes set forth in chapter 324, Oregon Laws 1939, acquire, in the name of the county...
• 538.110   Tumalo Creek, Deschutes County; diversion prohibited; excepted uses; existing rights.
  For the purpose of maintaining and perpetuating the recreational and scenic resources of Oregon, the waters of that portion of Tumalo Creek, in Deschutes County,...
• 538.120   Silver Creek, Marion County, and Brushes Creek, Curry County, and tributaries; diversion prohibited.
  The waters of the north and south forks of Silver Creek and of all tributaries thereof above the confluence of the north and south forks...
• 538.125   Certain appropriations vested notwithstanding ORS 538.120.
  All appropriations made under the provisions of section 2, chapter 480, Oregon Laws 1965, shall become vested when completed as provided by ORS 537.250. Any...
• 538.130   Condemnation of lands for park; vested and riparian rights not affected.
  ORS 538.120 shall not prevent the condemnation for public park purposes of any lands through which any of the streams flow, nor affect vested rights...
• 538.140   Diamond Lake and tributaries; diversion, interruption or appropriation of waters prohibited; excepted uses.
  In order to maintain, increase and perpetuate game fish and game fish propagation within Oregon, the waters or use of the waters of Diamond Lake...
• 538.150   Hackett Creek, Clackamas County, and tributaries; appropriation, condemnation and diversion prohibited; protection of fish.
  The waters of Hackett Creek, a tributary of the Sandy River located in Clackamas County, and of the tributaries of Hackett Creek, are withdrawn from...
• 538.160   Hackett Creek; vested rights not affected; condemnation of land for park not prevented.
  ORS 538.150 shall not affect vested water rights or prevent condemnation for public park purposes of lands through which Hackett Creek or its tributaries flow.
• 538.170   Johnson Creek in Multnomah and Clackamas Counties; limitations on appropriation or diversion.
  (1) Except as provided in subsection (2) of this section, the waters of Johnson Creek, a tributary of the Willamette River and located in Multnomah...
• 538.180   Johnson Creek; existing rights; condemnation of land for park.
  ORS 538.170 shall not affect rights to the use of Johnson Creek recognized or acquired pursuant to section 2, chapter 273, Oregon Laws 1935; nor...
• 538.190   Lake of the Woods and tributaries, Klamath County; diversion, interruption or appropriation of waters prohibited; excepted uses.
  In order to maintain, increase and perpetuate game fish and game fish propagation within Oregon, the waters or use of the waters of Lake of...
• 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,...
• 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 shall not prevent the condemnation for public park purposes of any lands through which any of the streams flow; nor affect vested rights...
• 538.220   Waters of Mill and Barr Creeks, Jackson County, withdrawn; exceptions.
  (1) The waters described as follows are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except for...
• 538.230   Vested water rights not affected; condemnation for park not prevented.
  ORS 538.220 shall not affect vested water rights or prevent condemnation for public park purposes of lands through which Mill and Barr Creeks or their...
• 538.240   [Repealed by 1963 c.95 §1]
• 538.250   [Repealed by 1953 c.222 §3]
• 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...
• 538.260   Existing rights not affected; appropriation and use for certain purposes permitted.
  ORS 538.251 shall not affect any existing rights to appropriate or use water, or any renewals or extensions thereof, or prevent appropriation and use of...
• 538.270   Rogue River; withdrawal from appropriation; excepted water uses; tributaries.
  Subject to water rights existing on May 26, 1967, the waters flowing in the main channel of the Rogue River from its intersection with the...
• 538.280   McNulty Creek; withdrawal from appropriation; exceptions.
  The waters of McNulty Creek, a tributary of Scappoose Bay, in Columbia County, are withdrawn from appropriation except for storage during the period beginning November...
• 538.290   McNulty Creek; existing rights not affected.
  ORS 538.280 shall not affect any existing rights to the waters of McNulty Creek that have been acquired or are in the process of being...
• 538.300   Milton Creek and tributaries; withdrawal from appropriation; exception; existing rights.
  The unappropriated waters of Milton Creek and its tributaries, in Columbia County, are withdrawn from appropriation except for domestic use through the year and storage...
• 538.410   Confirmation of water rights acquired prior to February 24, 1909, for municipal supply; rejection of applications injurious to municipal supply; statements of supply.
  All rights to the waters of the lakes, rivers and streams of this state acquired before February 24, 1909, for the purposes of municipal water...
• 538.420   Portland’s right to waters of Bull Run and Little Sandy Rivers; vested rights not impaired; applicability of law.
  (1) Exclusive right to the use of waters of Bull Run and Little Sandy Rivers is granted to the City of Portland. However, the Water...
• 538.430   Medford and Eagle Point Irrigation District; right to waters of Big Butte Creek; generation, sale and distribution of electric energy by irrigation district.
  (1) Subject to water rights existing on May 29, 1925, the City of Medford, in Jackson County, is granted the exclusive right to use for...
• 538.440   Bend; right to waters of Tumalo Creek.
  Whenever the City of Bend, Deschutes County, shall have acquired the right to appropriate or use from the Deschutes River at least 11 cubic feet...
• 538.450   Pendleton; right to waters of Umatilla River; notice of intent; agreement with tribes.
  (1) Subject to water rights existing on March 8, 1941, there is granted to the City of Pendleton, Umatilla County, and its water commission, the...

Last modified: August 7, 2008