Oregon § 541.386 Dams and use of water for hydroelectric generation on North Umpqua prohibited; exceptions

Oregon Statutes

§ 541.386 — Dams and use of water for hydroelectric generation on North Umpqua prohibited; exceptions

Oregon § 541.386

Vol.15

Title 45Water Resources; Irrigation, Drainage, Flood Control, Reclamation

Ch. 541Water Distributors; Water Releases; Conservation and Storage;

This text of Oregon § 541.386 (Dams and use of water for hydroelectric generation on North Umpqua prohibited; exceptions) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 541.386 (2026).

Text

(1)No person shall construct, operate or maintain, and no officer or agency of this state shall issue any permit for the construction, operation or maintenance of, any dam or hydroelectric facility on:

(a)That portion of the North Umpqua River between Soda Springs Dam and the confluence of the North Umpqua River and South Umpqua River; or

(b)The main stem Umpqua River from the confluence of the North Umpqua River and the South Umpqua River to the ocean.

(2)Nothing in this section applies to the repair, structural repair, maintenance or improvement of any dam constructed on the North Umpqua River prior to November 1, 1981, with the approval of the Water Resources Commission and the State Department of Fish and Wildlife. The commission and the State Department of Fish and Wildlife shall

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(1) No person shall construct, operate or maintain, and no officer or agency of this state shall issue any permit for the construction, operation or maintenance of, any dam or hydroelectric facility on:
(a) That portion of the North Umpqua River between Soda Springs Dam and the confluence of the North Umpqua River and South Umpqua River; or
(b) The main stem Umpqua River from the confluence of the North Umpqua River and the South Umpqua River to the ocean.
(2) Nothing in this section applies to the repair, structural repair, maintenance or improvement of any dam constructed on the North Umpqua River prior to November 1, 1981, with the approval of the Water Resources Commission and the State Department of Fish and Wildlife. The commission and the State Department of Fish and Wildlife shall not unreasonably withhold or delay such approval, but may withhold approval for reasonable cause, including but not limited to a substantiated finding that the repairs, structural repairs, maintenance or improvements:
(a) Fail to comply with applicable safety rules or regulations;
(b) Raise the height of the dam; or
(c) Diminish the current ability of anadromous fish to travel past the dam.
(3) No person shall appropriate and no officer or agency of this state shall issue or approve any license, permit or certificate for the use of water for hydroelectric generation at a dam at the location referred to in subsection (1) of this section.