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16 U.S.C. § 460z–9Water utilization; transportation of wastes; easements

submitted 54 years ago by Pub. L. 92-260 to r/title-16-CONSERVATION · 329 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must allow approved water use and waste transport, if Oregon approved it before March 1972. Water quality standards always apply to these activities. The Secretary may also grant permanent easements for these and other utility purposes, with conditions protecting scenic value.

(a) Water utilization. Subject to water-quality standards now or later in place, the Secretary must let people investigate, claim, store, and take ground water, surface water, and water from lakes, streams, and rivers in the recreation area, and carry it outside the area for beneficial use, under reasonable rules and following United States and Oregon law — but only if Oregon approved that use before March 23, 1972. This doesn't ban or allow banning use of water from Tahkenitch or Siltcoo Lakes that Oregon had already approved before that date for certain industrial plants near Gardiner, Oregon. (b) Transportation and storage of wastes. Subject to the same water-quality standards, the Secretary must let people transport and store household and industrial waste in pipelines through the recreation area, under reasonable rules and following U.S. and Oregon law — again, only if Oregon approved it before March 23, 1972. (c) Easements and rights for the disposal of wastes. Subject to the same water-quality standards, the Secretary may also grant further easements and rights — even permanent ones — for using water rights and disposing of waste as described above, and for other utility and private purposes, if Oregon has approved, and subject to reasonable conditions the Secretary sets to protect the area's scenic, scientific, historic, and recreational features.
the actual law source: uscode.house.gov ↗public domain
(a) Water utilization

The Secretary is authorized and directed, subject to applicable water quality standards now or hereafter established, to permit, subject to reasonable rules and regulations, the investigation for, appropriation, storage, and withdrawal of ground water, surface water, and lake, stream, and river water from the recreation area and the conveyance thereof outside the boundaries of the recreation area for beneficial use in accordance with applicable laws of the United States and of the State of Oregon if permission therefor has been obtained from the State of Oregon before March 23, 1972: Provided, That nothing herein shall prohibit or authorize the prohibition of the use of water from Tahkenitch or Siltcoo Lakes in accordance with permission granted by the State of Oregon prior to March 23, 1972, in connection with certain industrial plants developed or being developed at or near Gardiner, Oregon.

(b) Transportation and storage of wastes

The Secretary is authorized and directed, subject to applicable water quality standards now or hereafter established, to permit, subject to reasonable rules and regulations, transportation and storage in pipelines within and through the recreation area of domestic and industrial wastes in accordance with applicable laws of the United States and of the State of Oregon if permission therefor has been obtained from the State of Oregon before March 23, 1972.

(c) Easements and rights for the disposal of wastes

The Secretary is further authorized, subject to applicable water quality standards now or hereafter established, to grant such additional easements and rights, in terms up to perpetuity, as in his judgment would be appropriate and desirable for the effective use of the rights to water and the disposal of waste provided for herein and for other utility and private purposes if permission therefor has been obtained from the State of Oregon, subject to such reasonable terms and conditions as he deems necessary for the protection of the scenic, scientific, historic, and recreational features of the recreation area.

Source credit: (Pub. L. 92–260, § 11, Mar. 23, 1972, 86 Stat. 101.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-260 · 86 Stat. 101

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-260 on 1972-03-23.

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