Title 16, ConservationRelease 119-110

§460z–9 Water Utilization; Transportation of Wastes; Easements

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary may allow people or companies to take, store, and move groundwater, surface water, and lake, stream, or river water out of the recreation area for useful purposes. Any of this must follow federal and Oregon laws, current and future water quality standards, and the Secretary’s reasonable rules. Such uses are only allowed if the State of Oregon gave permission before March 23, 1972. This does not change prior Oregon permission for using water from Tahkenitch or Siltcoo Lakes for certain industrial plants near Gardiner that was granted before March 23, 1972. The Secretary may also allow pipelines to carry and store domestic and industrial wastes through the area under the same laws, standards, and earlier Oregon permission. The Secretary can grant additional easements or long-term (even permanent) rights for water use, waste disposal, utilities, or private needs if Oregon had given permission before March 23, 1972, and the Secretary adds reasonable conditions to protect the area’s scenic, scientific, historic, and recreational values.

Full Legal Text

Title 16, §460z–9

Conservation, Source: USLM XML via OLRC

(a)Water utilization

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)Transportation and storage of wastes

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)Easements and rights for the disposal of wastes

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

Sep 22, 2026

Release point: 119-110