ORS 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to Hood River, the first 17 of which are in Multnomah County and the remainder of which are in Hood River County, are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except as mentioned in ORS 538.210:

Latourell Creek—forming Latourell Falls.

An unnamed stream whose waterfall is approximately at the southwest quarter of the southwest quarter of the northwest quarter of section 28, township 1 north, range 5 east, at the northern edge of Tax Lot 27/28. The fall is on the south side of the old Columbia River Highway 0.7 mile west of the highway bridge at Young Creek.

An unnamed stream whose waterfall is approximately at the southeast quarter of the southwest quarter of the northwest quarter of section 28, township 1 north, range 5 east, at the northern intersection of Tax Lot 27/26. The falls are on the south side of the old Columbia River Highway 0.6 mile west of the highway bridge at Young Creek.

An unnamed stream whose waterfall is approximately at the northeast quarter of the northeast quarter of the northwest quarter of section 28, township 1 north, range 5 east, Tax Lot 3. The falls are on the south side of the old Columbia River Highway 0.1 mile west of the highway bridge at Young Creek.

Young Creek—forming Shepperd Dell Falls.

Bridal Veil Creek—forming Bridal Veil Falls.

Coopey Falls Creek.

Mist Falls Creek.

Wahkeena Creek—forming Wahkeena Falls, formerly known as Gordon Falls.

Multnomah Creek—forming Multnomah Falls.

Oneonta Creek—forming Oneonta Falls and Gorge.

Horse Tail Creek—forming Horse Tail Falls.

Tumalt Creek.

McCord Creek, formerly known as Kelly Creek—forming Elowah Falls.

Moffatt Creek—forming Wahe Falls.

Tanner Creek—forming Wahclella Falls.

Eagle Creek—forming Metlako Falls.

Ruckle Creek, formerly known as Deadman’s Creek.

Herman Creek.

Grays Creek.

Gorton Creek—forming Gorton Creek Falls.

Harphan Creek.

Summit Creek—forming Camp Benson Falls.

Lindsey Creek—forming Lindsey Falls.

Spring Creek, also known as Wonder Creek—forming Lancaster Falls.

Warren Creek.

Cabin Creek.

Starvation Creek—forming Starvation Falls.

Viento Creek.

Perham Creek.

Phelps Creek, except those creeks which are tributary to Phelps Creek and which arise in the north one-half of section 5, township 2 north, range 10 east of the Willamette Meridian, subject to prior rights. [Amended by 1953 c.48 §2; 1985 c.261 §1] 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 or the rights of riparian proprietors of such lands in or to the waters of the creeks or streams; nor prevent the condemnation of any lands through which any of the streams flow, for the purpose of establishing, maintaining and operating thereon salmon fish culture work, nor prevent the State Fish and Wildlife Commission from appropriating any waters for fish culture work; nor prevent the appropriation, for irrigation purposes, of waters between the Union Pacific Railroad tracks and the Columbia River that flow from any of the streams other than Herman Creek; provided, that no waters shall be taken from above the falls in the streams mentioned in ORS 538.200.