ORS 536.410: 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unappropriated waters released from storage or impoundment into the natural flow of a stream for specified purposes, be withdrawn from appropriation for all or any uses including exempt uses under ORS 537.545, the commission, on behalf of the state, may adopt a rule establishing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hearing in a newspaper of general circulation published in each county in which are located the waters proposed to be withdrawn.

      (3) The rule establishing withdrawal shall specify with particularity the waters withdrawn from appropriation, the uses for which the waters are withdrawn and the reason for the withdrawal.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      (a) A permit to appropriate the waters withdrawn for the uses specified in the rule; or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.