Title 16 — ConservationRelease 119-73

§460z–9 Water utilization; transportation of wastes; easements

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXXXIV— - OREGON DUNES NATIONAL RECREATION AREA › § 460z–9

Last updated Apr 6, 2026|Official source

Summary

The Secretary can allow, under current or future water-quality rules and under U.S. and Oregon law, people to study, take, store, and move groundwater and surface water (including lakes, streams, and rivers) out of the recreation area for useful purposes — but only if Oregon gave permission before March 23, 1972. That does not change earlier Oregon permission to use water from Tahkenitch or Siltcoo Lakes for industrial plants at or near Gardiner, Oregon. The Secretary can also allow pipelines to carry and store household and industrial wastes through the area if Oregon permission was given before March 23, 1972. The Secretary may grant permanent easements or rights for water use, waste disposal, utilities, or private purposes if Oregon permission is obtained, and must set reasonable conditions to protect the area's scenic, scientific, historic, and recreational features.

Full Legal Text

Title 16, §460z–9

Conservation — Source: USLM XML via OLRC

(a)The Secretary is authorized and directed, subject to applicable water quality standards now or hereafter established, to permit, subject to reasonable rules and regulations, the investigation for, appropriation, storage, and withdrawal of ground water, surface water, and lake, stream, and river water from the recreation area and the conveyance thereof outside the boundaries of the recreation area for beneficial use in accordance with applicable laws of the United States and of the State of Oregon if permission therefor has been obtained from the State of Oregon before March 23, 1972: Provided, That nothing herein shall prohibit or authorize the prohibition of the use of water from Tahkenitch or Siltcoo Lakes in accordance with permission granted by the State of Oregon prior to March 23, 1972, in connection with certain industrial plants developed or being developed at or near Gardiner, Oregon.

(b)The Secretary is authorized and directed, subject to applicable water quality standards now or hereafter established, to permit, subject to reasonable rules and regulations, transportation and storage in pipelines within and through the recreation area of domestic and industrial wastes in accordance with applicable laws of the United States and of the State of Oregon if permission therefor has been obtained from the State of Oregon before March 23, 1972.

(c)The Secretary is further authorized, subject to applicable water quality standards now or hereafter established, to grant such additional easements and rights, in terms up to perpetuity, as in his judgment would be appropriate and desirable for the effective use of the rights to water and the disposal of waste provided for herein and for other utility and private purposes if permission therefor has been obtained from the State of Oregon, subject to such reasonable terms and conditions as he deems necessary for the protection of the scenic, scientific, historic, and recreational features of the recreation area.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460z–9

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73