OAR 690-503-0040: Surface Water Classifications

(1) By act of the Oregon Legislature, the following streams are closed to further appropriation unless otherwise indicated: (a) The main stems and tributaries of the Bull Run and Little Sandy rivers are protected for the exclusive use of the city of Portland; subject to senior rights or claims predating February 24, 1909 (ORS 538.420); (b) Hackett Creek, a tributary of the Sandy River located in Clackamas County, and its tributaries, are withdrawn from appropriation except for fish life (ORS 538.150); (c) Except as provided in ORS 538.210, the following streams forming waterfalls near the Columbia River Highway and flowing directly into the Columbia River shall not be diverted or interrupted for any purposes (ORS 538.200): (A) Latourell Creek — forming Latourell Falls; (B) An unnamed stream whose waterfall is approximately at the southwest quarter of the southwest quarter of the northwest quarter of section 28, township one north, range five 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; (C) An unnamed stream whose waterfall is approximately at the southeast quarter of the southwest quarter of the northwest quarter of section 28, township one north, range five 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; (D) An unnamed stream whose waterfall is approximately at the northeast quarter of the northeast quarter of the northwest quarter of section 28, township one 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; (E) Young Creek — forming Shepperd Dell Falls; (F) Bridal Veil Creek — forming Bridal Veil Falls; (G) Coopey Falls Creek; (H) Mist Falls Creek; (I) Wahkeena Creek — forming Wahkeena Falls, formerly known as Gordon Falls; (J) Multnomah Creek — forming Multnomah Falls; (K) Oneonta Creek — forming Oneonta Falls and Gorge; (L) Horse Tail Creek — forming Horse Tail Falls; (M) Tumalt Creek; (N) McCord Creek, formerly known as Kelly Creek — forming Elwah Falls; (O) Moffatt Creek — forming Wahe Falls; (P) Tanner Creek — forming Wahclella Falls. (2) Except as otherwise provided in sections (1) and (3) of this rule, all the surface waters of the Sandy Basin are classified only for fish life, domestic, stock, municipal, aesthetic, recreation and public park uses. (3) In addition to uses in section (2) of this rule, all tributaries of the Sandy River but not the main stem Sandy River are open for storage from December 1 to June 1 of each year. Water stored during this period may be used at any time for any beneficial use. (4) No permit shall be issued if the proposed use is found detrimental to the scenic waterway values as described in ORS 390.835.