Oregon Law
Law as of Jan 1, 2026
Chapter contents
538.010Waters diverted from Ditch Creek; rights of use and appropriation; certificate; time limitation 538.020Acquisition of property necessary for storage and diversion 538.110Tumalo Creek, Deschutes County; diversion prohibited; excepted uses; existing rights 538.120Silver Creek, Marion County, and Brushes Creek, Curry County, and tributaries; diversion prohibited 538.125Certain appropriations vested notwithstanding ORS 538.120 538.130Condemnation of lands for park; vested and riparian rights not affected 538.140Diamond Lake and tributaries; diversion, interruption or appropriation of waters prohibited; excepted uses 538.150Hackett Creek, Clackamas County, and tributaries; appropriation, condemnation and diversion prohibited; protection of fish 538.160Hackett Creek; vested rights not affected; condemnation of land for park not prevented 538.170Johnson Creek in Multnomah and Clackamas Counties; limitations on appropriation or diversion 538.180Johnson Creek; existing rights; condemnation of land for park 538.190Lake of the Woods and tributaries, Klamath County; diversion, interruption or appropriation of waters prohibited; excepted uses 538.200Streams forming waterfalls near Columbia River Highway; withdrawal from appropriation or condemnation; diversion or interruption prohibited 538.210Condemnation of lands for park not prevented; vested and riparian rights not affected; condemnation of lands or appropriation of waters for fish culture not prevented 538.220Waters of Mill and Barr Creeks, Jackson County, withdrawn; exceptions 538.230Vested water rights not affected; condemnation for park not prevented 538.240[Repealed by 1963 c.95 §1] 538.250[Repealed by 1953 c.222 §3] 538.251Tributaries of Columbia River; limitations on appropriation or diversion 538.260Existing rights not affected; appropriation and use for certain purposes permitted 538.270Rogue River; withdrawal from appropriation; excepted water uses; tributaries 538.280McNulty Creek; withdrawal from appropriation; exceptions 538.290McNulty Creek; existing rights not affected 538.300Milton Creek and tributaries; withdrawal from appropriation; exception; existing rights 538.410Confirmation of water rights acquired prior to February 24, 1909, for municipal supply; rejection of applications injurious to municipal supply; statements of supply 538.420Portland’s right to waters of Bull Run and Little Sandy Rivers; vested rights not impaired; applicability of law 538.430Medford and Eagle Point Irrigation District; right to waters of Big Butte Creek; generation, sale and distribution of electric energy by irrigation district 538.440Bend; right to waters of Tumalo Creek 538.450Pendleton; right to waters of Umatilla River; notice of intent; agreement with tribes

Chapter 538 — Withdrawal of Certain Waters From Appropriation; Special Municipal and County Water Right

ORS 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 per second of water for delivery into the feed canal belonging to Deschutes County Municipal Improvement District, which feed canal is now supplied from the Deschutes River at a diversion located in or near Bend, then the city may take from the direct flow of Tumalo Creek, in Deschutes County, not to exceed 11 cubic feet per second of water for providing a supply of water for domestic and municipal purposes; provided, however, that should the waters of the Deschutes River so acquired for the purpose of the exchange be appurtenant to lands calling for a different point of diversion, the place of use and point of diversion of the water may be changed to meet the requirements of this section.

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