Oregon Revised Statutes Chapter 536 § 536.410 — Withdrawal of unappropriated waters from appropriation by commission rule

Withdrawal of unappropriated waters from appropriation by commission rule. (1) When the Water Resources Commission determines that it is necessary to ensure compliance with the state water resources policy or that it is otherwise necessary in the public interest to conserve the water resources of this state for the maximum beneficial use and control thereof that any unappropriated waters of this state, including unappropriated waters released from storage or impoundment into the natural flow of a stream for specified purposes, be withdrawn from appropriation for all or any uses including exempt uses under ORS 537.545, the commission, on behalf of the state, may adopt a rule establishing withdrawal. (2) Prior to the adoption of the rule establishing withdrawal, the commission shall hold a public hearing on the necessity for the withdrawal. Notice of the hearing shall be published in at least one issue each week for at least two consecutive weeks prior to the hearing in a newspaper of general circulation published in each county in which are located the waters proposed to be withdrawn. (3) The rule establishing withdrawal shall specify with particularity the waters withdrawn from appropriation, the uses for which the waters are withdrawn and the reason for the withdrawal. The commission may amend or repeal the rule to modify or revoke the withdrawal. (4) While the rule establishing withdrawal is in effect, a person may not submit, and the Water Resources Department may not file or process, an application for: (a) A permit to appropriate the waters withdrawn for the uses specified in the rule; or (b) A preliminary permit or license involving appropriations of such waters. [1955 c.707 §16; 1961 c.224 §11; 1985 c.673 §17; 1989 c.833 §55; 2025 c.282 §10] Note: The amendments to 536.410 by section 10, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to withdrawals of waters from appropriation that occur on or after April 1, 2026. See section 11, chapter 282, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user’s convenience. 536.410. (1) When the Water Resources Commission determines that it is necessary to insure compliance with the state water resources policy or that it is otherwise necessary in the public interest to conserve the water resources of this state for the maximum beneficial use and control thereof that any unappropriated waters of this state, including unappropriated waters released from storage or impoundment into the natural flow of a stream for specified purposes, be withdrawn from appropriation for all or any uses including exempt uses under ORS 537.545, the commission, on behalf of the state, may issue an order of withdrawal. (2) Prior to the issuance of the order of withdrawal the commission shall hold a public hearing on the necessity for the withdrawal. Notice of the hearing shall be published in at least one issue each week for at least two consecutive weeks prior to the hearing in a newspaper of general circulation published in each county in which are located the waters proposed to be withdrawn. (3) The order of withdrawal shall specify with particularity the waters withdrawn from appropriation, the uses for which the waters are withdrawn, the reason for the withdrawal and the duration of the withdrawal. The commission may modify or revoke the order at any time. (4) Copies of the order of withdrawal and notices of any modification or revocation of the order of withdrawal shall be filed in the Water Resources Department. (5) While the order of withdrawal is in effect, no application for a permit to appropriate the waters withdrawn for the uses specified in the order and no application for a preliminary permit or license involving appropriations of such waters shall be received for filing by the Water Resources Commission. Note: Section 11 (2), chapter 282, Oregon Laws 2025, provides: Sec. 11. (2) Withdrawals of waters from appropriation under ORS 536.410 that are in effect on the operative date specified in section 48 of this 2025 Act [April 1, 2026] shall remain in effect unless the withdrawals are modified or revoked by the Water Resources Commission on or after the operative date specified in section 48 of this 2025 Act. [2025 c.282 §11(2)]