Title 16, ConservationRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The Secretary must allow, under current or future water quality rules, the testing for, taking, storing, and moving water out of the recreation area for useful purposes if the State of Oregon gave permission before March 23, 1972. This covers groundwater, surface water, lakes, streams, and rivers. The Secretary must also allow pipelines through the area to carry and store household and industrial waste under the same rules if Oregon’s permission was given before March 23, 1972. Nothing here changes earlier Oregon permission to use water from Tahkenitch or Siltcoo Lakes for certain industrial plants at or near Gardiner, Oregon. The Secretary may also grant easements or rights, including permanent ones, for water use, waste disposal, and other utility or private needs when Oregon gave prior permission. Those easements must include reasonable limits 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 5, 2026

Release point: 119-73not60