# ORS § 542.040: 542.040 Withholding water from appropriation pending investigation

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.040

## Section

- **Citation:** ORS § 542.040
- **Heading:** 542.040 Withholding water from appropriation pending investigation
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 45 / Chapter 542 / Section 542.040

## Text

(1) The Water Resources Commission, on behalf of the state, shall withdraw and withhold from appropriation any unappropriated water which may be required for any project under investigation or to be investigated under the provisions of ORS 542.010 (Contract by Water Resources Commission with federal agencies for investigating and developing water resources) to 542.050 (Construction work) . If the project is found to be feasible, the commission shall withhold the same from appropriation until the money expended in the investigation of the project is repaid to the cooperating parties in proportion to the amount contributed by each unless funds for construction are provided by one or both of the cooperating parties, in which case the commission shall issue a permit without requiring such repayment. No permit to appropriate water which may be in conflict with any such project under investigation shall be approved by the commission, nor shall any assignment of plans and information or any part thereof be made except upon consideration and order by the commission after full hearing of all interested parties.

(2) Any moneys returned to the commission under the provisions of this section shall promptly be turned over to the State Treasurer and credited to the General Fund in the State Treasury. [Amended by 1985 c.673 §132]

Source: Section 542.040 — Withholding water from appropriation pending investigation; restrictions on permit to appropriate; repayment of cost of project , https://www.­oregonlegislature.­gov/bills_laws/ors/ors542.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 542.010 542.010 Contract by Water Resources Commission with federal agencies for investigating and developing water resources](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.010.md)
- [ORS § 542.020 542.020 Purpose of law](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.020.md)
- [ORS § 542.030 542.030 Report by commission](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.030.md)
- [ORS § 542.040 542.040 Withholding water from appropriation pending investigation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.040.md)
- [ORS § 542.050 542.050 Construction work](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.050.md)
- [ORS § 542.060 542.060 Information on availability of water for beneficial uses](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.060.md)
- [ORS § 542.070 542.070 Entry on lands](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.070.md)
- [ORS § 542.075 542.075 Identification and funding of water projects offering significant public benefit](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.075.md)
- [ORS § 542.080 542.080 Cooperation with federal agencies](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.080.md)
- [ORS § 542.090 542.090 Moneys from licenses under Federal Waterpower Act](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.090.md)
- [ORS § 542.100 542.100 Acceptance and expenditure of gifts and grants for hydrologic investigations](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.100.md)
- [ORS § 542.110 542.110 Public interest requiring construction of system of works](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.110.md)
- [ORS § 542.210 542.210 Construction of federal dams and structures in Rogue River](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.210.md)
- [ORS § 542.510 542.510 Oregon-California Goose Lake Interstate Compact ratified](https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.510.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T45_C542_S542.040. Check the current official text before relying on it. Not legal advice.