2007 Oregon Code - Chapter 274 :: Chapter 274 - Submersible and Submerged Lands
Chapter 274 —
Submersible and Submerged Lands
2007 EDITION
SUBMERSIBLE AND SUBMERGED LANDS
PUBLIC LANDS
GENERAL PROVISIONS
274.005Â Â Â Â Definitions
274.015Â Â Â Â Determination
of ordinary high and low water
274.025Â Â Â Â Jurisdiction
over submersible and submerged lands generally
NAVIGABILITY OF STREAMS
274.036Â Â Â Â Status
of channel of
SUBMERSIBLE LANDS
(
274.040Â Â Â Â
274.043Â Â Â Â Exemptions
from leasing requirements; rules
(Harbor Improvements)
274.060Â Â Â Â Regulation
of harbor improvements; oyster beds; public easement in submersible lands
(Common School Fund Investments)
274.085Â Â Â Â Acquisition
for Common School Fund investment; lease of lands
DRAINAGE AND RECLAMATION
274.205Â Â Â Â Definition
for ORS 274.210 to 274.290
274.210Â Â Â Â Authority
of department to contract for drainage and reclamation of certain lands
274.220Â Â Â Â Application
for drainage and reclamation of lands
274.230Â Â Â Â Investigation
and report by Water Resources Director; terms of contract; bond
274.240Â Â Â Â Performance
by contractor; disposal of lands; rules
274.250Â Â Â Â Nonperformance;
action by department; appeal from decision of department
274.260Â Â Â Â Title
of riparian owners
SWAMP AND SUBMERSIBLE LANDS
274.280Â Â Â Â Surveys
and plans for reclamation of lands
274.290Â Â Â Â Execution
of plan
BEDS OF STREAMS, LAKES AND BAYS
(Ownership)
274.400Â Â Â Â Definition
for ORS 274.400 to 274.412
274.402Â Â Â Â Exclusive
jurisdiction to assert title to submerged or submersible lands in navigable
waterway
274.404Â Â Â Â Administrative
determination of navigable waterway; rules; procedure
274.406Â Â Â Â Declaration
of stateÂ’s claim; effect
274.408Â Â Â Â Public
notice of claim; content
274.412Â Â Â Â Judicial
review of declaration of stateÂ’s claim
274.425Â Â Â Â Definition
for ORS 274.430 to 274.520
274.430Â Â Â Â State
ownership of meandered lakes; status as navigable and public waters
274.440Â Â Â Â Acquisition
of future rights to meandered lakes denied; extension of riparian ownership;
lands overflowed by high water
274.450Â Â Â Â Acquisition
of riparian rights by department
274.460Â Â Â Â SettlerÂ’s
and riparian ownerÂ’s preferential right to purchase land within meander lines
274.470Â Â Â Â SettlerÂ’s
right to deed to land within meander lines; preferential right to additional
land; tacking by successive settlers
274.480Â Â Â Â Rights
of riparian owners on Malheur and
274.490Â Â Â Â Settlement
of conflicting preferential rights
274.500Â Â Â Â Conveyance
of compact area; prices; maximum acreage
274.510Â Â Â Â Lake
bed lands claimed by the
274.520Â Â Â Â Acceptance
of deed to lake bed lands as precluding any other claim
(Removing Materials)
274.525Â Â Â Â City
use of stream bed material
274.530Â Â Â Â Lease
or license of stream beds for removal of material; rules for measurement of
volume removed
274.550Â Â Â Â Removal
of material without payment of royalties; eligible material and uses
274.560Â Â Â Â Lease
terms; bond or security; prohibited lease or purchase option; monthly reports
and payments; rules
274.590Â Â Â Â Cooperation
with
EXPLORATION FOR MINERALS
274.610Â Â Â Â Prohibited
contracts for exploration for hard minerals; scientific research
TIDAL SUBMERGED AND SUBMERSIBLE LANDS
(General Provisions)
274.705Â Â Â Â Definitions
for ORS 274.705 to 274.860
274.710Â Â Â Â Jurisdiction
of department over tidal submerged lands; easements; leases for oil, gas and
sulfur
274.715Â Â Â Â Sulfur
leases
274.720Â Â Â Â Effect
of ORS 274.705 to 274.860 on power to make other leases and on jurisdiction of
agencies other than department
274.725Â Â Â Â Scope
of leases and permits; persons ineligible
(Geological and Geophysical Surveys)
274.735Â Â Â Â Application
for survey permit; effect of permit; rules
274.740Â Â Â Â Issuance
of survey permit; renewal; reports
274.745Â Â Â Â Drilling
logs and records
(Bid Procedure)
274.755Â Â Â Â Hearing
prior to granting lease or easement
274.760Â Â Â Â Considerations
involved in granting lease or easement
274.765Â Â Â Â Publishing
offer to lease tidal submerged lands; bids; cash bonus; award of lease; fee
274.770Â Â Â Â Prohibited
drilling requirements
(Leases)
274.780Â Â Â Â Conditions
in leases and permits; execution; delivery of bonds or contracts to department
274.785Â Â Â Â Exclusive
rights granted by lease; requirement of diligence; maximum area; assignment
274.790Â Â Â Â Royalties
274.795Â Â Â Â Rents
274.800Â Â Â Â Bonds
274.805Â Â Â Â Drill
sites
274.810Â Â Â Â Commencement
of drilling; operational requirements
274.815Â Â Â Â Extension
of time when wells to be drilled from filled land or structure
274.820Â Â Â Â Water
contamination or pollution
274.825Â Â Â Â Nonconflicting
use of leased lands
274.830Â Â Â Â Protecting
lands from drainage
274.835Â Â Â Â Conformance
to laws and regulations; periodic negotiations
274.840Â Â Â Â Continuation
of lease after cessation of production
274.845Â Â Â Â Surrender
of lease
274.850Â Â Â Â Cancellation
of lease; partial retention of leasehold; removal of equipment
274.855Â Â Â Â Restoration
of leasehold to original condition
274.860Â Â Â Â Protection
and location of filled lands
(Wave Energy Facilities or Devices)
274.867Â Â Â Â Wave
energy; financial assurance; rules
(Kelp Fields)
274.885Â Â Â Â Lease
of kelp fields
274.890Â Â Â Â Time
allowed lessee for survey and erection of plant; filing copy of survey with
department
274.895Â Â Â Â Removing
kelp without lease
SUBMERSIBLE, SUBMERGED AND NEW LANDS
274.905Â Â Â Â Definitions
for ORS 274.905 to 274.940
274.910Â Â Â Â Application
and effect
274.915Â Â Â Â Lease
or disposal of new lands; method
274.920Â Â Â Â Creation
of new lands upon submersible or submerged lands
274.925Â Â Â Â Right
of public riparian owner to purchase new lands; price determination
274.929Â Â Â Â Right
of nonpublic riparian owner to purchase certain new lands; price determination
274.932Â Â Â Â Right
of public body to purchase new lands created by it; price determination
274.935Â Â Â Â Ownership,
by nonpublic owner of submersible or submerged lands, of new lands created
thereon
274.937Â Â Â Â Right
of individual to purchase new lands created by individual; price determination
274.940Â Â Â Â Reservation
of new lands
FORMERLY SUBMERGED, SUBMERSIBLE LANDS
274.960Â Â Â Â Definitions
for ORS 274.960 to 274.985
274.963Â Â Â Â Legislative
findings
274.965Â Â Â Â Determination
of state interest; designation of areas; study deadlines
274.967Â Â Â Â Department
studies; report, submission to board; hearings
274.970Â Â Â Â Board
review; referral to department for further study; adoption
274.975Â Â Â Â Board
declaration of state interest; effect
274.977Â Â Â Â Notification
of declaration to public, landowners
274.980Â Â Â Â Delivery
of copy of declaration to affected counties; recording required
274.983Â Â Â Â Forwarding
original declarations and administrative records to director; disposition; use
of certified copy as evidence
274.985Â Â Â Â Judicial
review of declarations
PENALTIES
274.990Â Â Â Â Criminal
penalties
274.992Â Â Â Â Civil
penalty for violation of ORS 274.040
274.994Â Â Â Â Amount
of civil penalty for violation of ORS 274.040; rules; considerations in
imposing penalty
GENERAL PROVISIONS
     274.005
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Department” means the Department of
State Lands.
     (2) “Director” means the Director of the
Department of State Lands.
     (3) “Line of ordinary high water” means
the line on the bank or shore to which the high water ordinarily rises annually
in season.
     (4) “Line of ordinary low water” means the
line on the bank or shore to which the low water ordinarily recedes annually in
season.
     (5) “Land” includes water, water rights,
easements of every nature and all appurtenances to land.
     (6) “Material” includes gravel, rock, sand
and silt, but does not include hard minerals subject to ORS 274.610, or oil,
gas and sulfur subject to ORS 274.705 to 274.860.
     (7) “Submerged lands,” except as provided
in ORS 274.705, means lands lying below the line of ordinary low water of all
navigable waters within the boundaries of this state as heretofore or hereafter
established, whether such waters are tidal or nontidal.
     (8) “Submersible lands,” except as
provided in ORS 274.705 means lands lying between the line of ordinary high
water and the line of ordinary low water of all navigable waters and all
islands, shore lands or other such lands held by or granted to this state by
virtue of her sovereignty, wherever applicable, within the boundaries of this
state as heretofore or hereafter established, whether such waters or lands are
tidal or nontidal. [1967 c.421 §98 and 1967 c.616 §13; 1969 c.594 §31; 1991
c.217 §3; 2003 c.253 §20]
     274.010 [Amended by 1961 c.619 §41; renumbered
274.885]
     274.015
Determination of ordinary high and low water. For purposes of this chapter, when the lines of ordinary high or low
water cannot be determined by survey or inspection, then such lines shall be
determined by the use of the annual mean high or mean low water for the
preceding year. [1967 c.421 §99]
     274.020 [Renumbered 274.890]
     274.025
Jurisdiction over submersible and submerged lands generally. (1) The title to the submersible and
submerged lands of all navigable streams and lakes in this state now existing
or which may have been in existence in 1859 when the state was admitted to the
Union, or at any time since admission, and which has not become vested in any
person, is vested in the State of Oregon. The State of
     (2) No person shall acquire any right,
title or interest in or to the submersible and submerged lands of any such
navigable lakes, or any part thereof, by reliction or otherwise, or by reason
of the lowering or drainage of the waters of such lakes, except as provided by
statute. [Formerly 274.420]
     274.029 [1973 c.496 §1; 1977 c.471 §1; 1981 c.219 §1;
repealed by 1983 c.566 §1]
     274.030 [Amended by 1961 c.619 §42; renumbered
274.895]
     274.031 [Formerly 274.034; 1981 c.219 §2; repealed
by 1983 c.566 §1]
     274.032 [1977 c.471 §2; repealed by 1983 c.566 §1]
     274.034 [1973 c.496 §2; 1977 c.637 §1; renumbered
274.031]
     274.035 [Formerly 274.570; repealed by 1969 c.594 §63]
NAVIGABILITY
OF STREAMS
     274.036
Status of channel of
SUBMERSIBLE
LANDS
(
     274.040
     (2) Submersible lands owned by the State
of Oregon that are determined by the State Land Board to be available for sale
may be sold only to the highest bidder, after being advertised not less than
once each week for two successive weeks in one or more newspapers of general
circulation in the county in which the lands are situated. However:
     (a) No such lands shall be sold for less
than for a fair appraised value as determined by an appraiser appointed by the
department.
     (b) All sales of such submersible lands
shall be approved by the State Land Board.
     (c) Any owner of lands abutting or
fronting on such submersible lands shall have the preference right to purchase
such lands for the fair appraised value provided that the sale of such lands be
approved by the State Land Board.
     (3)(a) The department may grant, to any
person holding a permit from the Water Resources Director authorizing the
impoundment for beneficial use of the waters of any lake or stream, easements
over submersible lands for flowage and storage of waters, and for the
construction, maintenance and operation of any structures or facilities
necessary for the use of the water under the terms of the permit upon payment
of just compensation by the grantee.
     (b) In addition to the authority of the
department under paragraph (a) of this subsection to grant easements over
submersible lands, a person holding a water right permit, water right
certificate, proposed or final order approving a water right permit or court
decree evidencing a water right may occupy state-owned submersible lands for
the construction, maintenance and operation of any structure or facility
necessary for the use of water if the proposed use under the permit,
certificate, order or decree is for irrigation or domestic use. The department
may not charge for the occupation of state-owned submersible lands pursuant to
this paragraph, nor may the department require that a person obtain written
documentation to substantiate the permission granted under this paragraph. Upon
request by the Department of State Lands, the Water Resources Department shall
provide information to the Department of State Lands regarding any change of
use of the water right. A person may continue to occupy state-owned submersible
lands pursuant to this paragraph until:
     (A) The water right permit is canceled
pursuant to ORS 537.260;
     (B) The water right is canceled pursuant
to ORS 540.641; or
     (C) The water is no longer being applied
to irrigation or domestic use.
     (c) An easement or the permission granted
under this subsection may not be construed to be a sale or lease of the
submersible lands within the meaning of subsections (1) and (2) of this
section.
     (d) A person granted an easement or
permission to use or occupy state-owned submersible lands under this subsection
shall indemnify and hold harmless the state from all liability and claims
arising from or attributable to the use or occupation.
     (4) All easements or the permission
granted pursuant to subsection (3) of this section shall be subject to
conditions that will ensure the safety of the public and the preservation of
economic, scenic and recreational values and to lawful rules promulgated by
state agencies affected by the activities of the grantee.
     (5) Nothing in this section affects the
provisions of ORS 509.505, 509.510, 511.606 to 511.806, 622.270 or 622.320 to
622.350.
     (6) The Department of State Lands shall
designate the minimum acceptable amount for the lease of any submersible lands
otherwise authorized by law, other than any lease offered or issued by the
department under ORS 274.705 to 274.860.
     (7) For the purpose of sale, the value of
state-owned submersible lands shall be determined by an appraiser appointed by
the department.
     (8) The act of any person entering into an
agreement with the department under this section or ORS 274.530 for the lease
of submersible lands shall not be considered a waiver by such person of any
claim of ownership in the submersible lands described in the agreement. [Amended
by 1961 c.37 §1; subsection (3) enacted as 1961 c.37 §2; 1967 c.421 §104; 1969
c.594 §32; subsection (4) enacted as 1969 c.675 §17; 1975 c.547 §1; 1975 c.765 §2;
1979 c.793 §3; 1981 c.158 §1; 1981 c.432 §1; 1991 c.217 §5; 1995 c.113 §2; 2003
c.350 §1]
     274.042 [1979 c.793 §2; repealed by 1991 c.521 §1
(274.043 (1) to (3) enacted in lieu of 274.042)]
     274.043
Exemptions from leasing requirements; rules. (1) A privately owned float or dock occupying an area of 200 square
feet or less is exempt from the leasing requirements of ORS 274.040 if:
     (a) The structure belongs to the
immediately adjacent riparian landowner; and
     (b) The float or dock is uncovered,
unenclosed and open on all sides.
     (2) A privately owned float or dock
constructed prior to September 29, 1991, and exempted under ORS 274.042 (1989
Edition) is exempt from the provisions of ORS 274.040.
     (3) The Department of State Lands may, by
rule, provide for additional exemptions to the leasing requirements of ORS
274.040.
     (4) Any float or dock described in
subsections (1) to (3) of this section shall be registered with the department.
[Subsections (1) to (3) enacted as 1991 c.521 §2 in lieu of 274.042; subsection
(4) enacted as 1991 c.521 §6]
     274.045 [Subsection (1) of 1965 Replacement Part
enacted as 1961 c.703 §9; subsection (2) of 1965 Replacement Part enacted as
1961 c.619 §35; repealed by 1967 c.421 §206]
     274.050 [Renumbered 273.900]
(Harbor
Improvements)
     274.060
Regulation of harbor improvements; oyster beds; public easement in submersible
lands. (1) Nothing in ORS
274.040 prevents the Legislative Assembly from providing for regulation of the
building of wharves or other improvements in any bay, harbor or inlet of this
state, subject to ORS 780.060, or grants the exclusive right to any person to
use the natural oyster beds of this state.
     (2) The grantee of any submersible lands
under ORS 274.040 shall hold the same subject to the easement of the public,
under the provisions and restrictions of law, to enter thereon and remove
oysters and other shell fish therefrom. [Amended by 1967 c.421 §105; 1969 c.594
§§33,33a]
     274.065 [1965 c.368 §1; 1967 c.421 §114; renumbered
390.710]
     274.070 [Amended by 1965 c.368 §2; 1967 c.421 §115;
renumbered 390.720]
     274.075 [1961 c.36 §§1,2,3,4; 1967 c.421 §116; 1969
c.594 §34; repealed by 1969 c.601 §30]
     274.080 [Amended by 1955 c.257 §1; 1965 c.368 §3;
1967 c.421 §117; repealed by 1969 c.601 §30]
(Common
School Fund Investments)
     274.085
Acquisition for Common School Fund investment; lease of lands. Whenever it appears to the State Land Board
to be prudent and to the financial benefit of the Common School Fund, the State
Land Board may acquire as an investment for the Common School Fund any parcel
of land, whether or not submerged, and submersible lands or formerly submerged
and submersible lands. The consideration for such acquisition may be an
exchange of other lands under the jurisdiction of the State Land Board
including submerged and submersible lands or formerly submerged and submersible
lands or cash or a combination of such lands and cash. In leasing any lands
acquired as an investment for the Common School Fund, the board may use
negotiation, competitive bidding, solicitation of proposals or whatever
procedure or combination of procedures the board determines will maximize the
financial benefit to the Common School Fund. The board may determine on a
case-by-case basis what notice, publication or bidding procedures, if any, it
wishes to use in implementing its authority under this section. [1979 c.546 §1;
1981 c.158 §2]
     Note: 274.085 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 274 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     274.090 [Amended by 1959 c.237 §1; 1965 c.368 §4;
1967 c.421 §118; renumbered 390.730]
     274.100 [Amended by 1965 c.368 §5; 1967 c.421 §119;
renumbered 390.740]
     274.110 [Amended by 1967 c.421 §120; renumbered
390.750]
     274.120 [Renumbered 273.902]
     274.130 [Renumbered 273.903]
DRAINAGE AND
RECLAMATION
     274.205
Definition for ORS 274.210 to 274.290. As used in ORS 274.210 to 274.290, “reclamation” includes, but is not
limited to, irrigation. [1969 c.594 §36]
     274.210
Authority of department to contract for drainage and reclamation of certain
lands. The Department of
State Lands on behalf of the State of
     (1) The drainage of submersible and
submerged lands adjoining or underlying any lakes, marshes or swamps in this
state, or for the drainage of that part which is in this state of submersible
and submerged lands adjoining or underlying any lake, marsh or swamp lying
partly in this state and partly in another state, and for the reclamation of
any such lands; and
     (2) The sale or disposal of such drained
and reclaimed lands as provided for in ORS 274.210 to 274.260. [Amended by 1967
c.421 §121; 1969 c.594 §37; 2001 c.104 §82]
     274.220
Application for drainage and reclamation of lands. (1) Any person desiring to enter into a
contract to drain submersible and submerged lands under ORS 274.210 to 274.260
and reclaim such lands shall file with the Department of State Lands an
application.
     (2) The applicant, at the expense of the
applicant and without any cost or charge to the state, shall make the necessary
surveys and prepare a map of the lands proposed to be reclaimed. The map shall
exhibit a plan showing the area that is submersible or submerged and the mode
of the contemplated drainage and reclamation, and shall be accompanied by a
list of the lands proposed to be drained, with sufficient description to
identify the lands in accordance with rules promulgated by the department.
     (3) The application shall contain an
estimate of the cost of the construction of the proposed system of drainage and
reclamation. [Amended by 1967 c.421 §122; 1969 c.594 §38]
     274.230
Investigation and report by Water Resources Director; terms of contract; bond. (1) Upon receipt of the application, map and
plan of drainage and reclamation under ORS 274.220, the Department of State
Lands may require the Water Resources Director to make an investigation and
report at the expense of the applicant. If the project appears feasible and
desirable and such applicant responsible, the department may enter into a
contract with the applicant for construction of the drainage and reclamation
works.
     (2) The applicant shall agree:
     (a) To drain the submersible and submerged
lands substantially in accordance with the plans set forth in the contract;
     (b) To make such proofs of reclamation as
are required by the department;
     (c) To pay all costs incident to the
contract and making of the proof and any other expense connected therewith;
     (d) That work will be commenced upon the
ditches or other works necessary for such drainage and reclamation at a time
fixed by the department and agreed upon in the contract;
     (e) That by the end of the first year
after the time fixed in the contract for beginning such work, 10 percent of the
necessary expenditure will be made; and
     (f) That this work will be prosecuted with
due diligence until complete and the required proof of reclamation is made.
     (3) The department shall require a bond
subject to its approval in any sum it finds necessary to insure the faithful
performance of the contract. [Amended by 1967 c.421 §123; 1969 c.594 §39]
     274.240
Performance by contractor; disposal of lands; rules. (1) Immediately upon execution of the
contract, the contractor undertaking the drainage and reclamation may enter
upon the lands for the purpose of reclaiming the same.
     (2) The Department of State Lands shall
fix the amount to which the contractor is entitled for reclaiming the lands and
shall also fix the amount to be paid to the state for such lands. The
department may permit the contractor to sell or dispose of the lands at such
price and upon such terms as the department may fix in tracts not to exceed 640
acres to any one person under such rules as the department may promulgate
governing disposal.
     (3) Upon proof satisfactory to the
department that the amount fixed by the department as due for reclamation and
the amount due the State of Oregon has been fully paid, the department shall
issue a quitclaim deed for not more than 640 acres to the purchaser of such
land. [Amended by 1967 c.421 §124; 1969 c.594 §40]
     274.250
Nonperformance; action by department; appeal from decision of department. (1) Upon failure of any parties having
contracts with the state for construction of drainage and reclamation works to
begin the same within the time specified by the contract, or to complete the
same within the time or in accordance with the specifications of the contract,
the Department of State Lands shall give such parties written notice of such
failure. If the parties have failed to proceed with the work or to conform to
the specifications of the contract on or before the 60th day after the sending
of such notice, the contract and all work constructed thereunder is forfeited
to the state.
     (2) Upon forfeiture, the department shall
immediately give notice once every week for a period of four weeks in some
newspaper of general circulation in the county in which the work is situated,
and in one newspaper of general circulation in this state, declaring the forfeiture
of the contract, and that upon a day stated in the notice proposals will be
received at the office of the department for the purchase of incomplete works
and for the completion of the contract, the time for receiving such bids to be
not earlier than the 60th day after issuance of the last notice of the
forfeiture. The sales shall be for cash to the highest responsible bidder. The
money received from the sale of the partially completed works under this
section shall first be applied to the expenses incurred by the state in their
forfeiture and disposal, and any surplus shall be paid into the State Treasury
and become a part of the Common School Fund.
     (3) The contractors may appeal from the
decision of the department. The appeal shall be heard in chambers by the
circuit court of the district wherein the head works of the drainage system are
situated. [Amended by 1967 c.421 §125]
     274.260
Title of riparian owners.
(1) The title of owners of land riparian to lakes and ponds drained under ORS
274.210 to 274.260 extends to only so much of the submersible or submerged
lands adjoining or underlying such lake or pond which may be reclaimed by such
drainage as is required to fill up the fractional subdivision or subdivisions
of a section which the owner owns and which are rendered fractional by such
lake or pond, and the title of such owner is so limited when the waters of such
lake or pond receding, because of such drainage, uncover the submersible or
submerged lands adjoining or underlying such lake or pond.
     (2) This section shall not affect the
right of riparian owners to land acquired by natural accretion or reliction
because of the gradual and natural recession of the waters of the lake or pond
to which the lands of such owners are riparian. [Amended by 1967 c.421 §126;
1969 c.594 §41]
     274.270 [Repealed by 1967 c.421 §206]
SWAMP AND
SUBMERSIBLE LANDS
     274.280
Surveys and plans for reclamation of lands. In addition to its powers under ORS 274.210 to 274.260, the Department
of State Lands may cause reclamation surveys, plans and specifications to be
made for the reclaiming of any unsold swamp lands and submersible lands under
the control of the department. [Amended by 1967 c.421 §127; 1969 c.594 §42]
     274.290
Execution of plan. The
Department of State Lands may direct the Water Resources Director to submit an
estimate of the probable cost of any survey, plan or specification of any
contemplated reclamation project under ORS 274.280. On consideration thereof,
if the department finds it to be in the interest of the state, the department
shall direct the Water Resources Director to cause such survey and plans and
specifications to be made and prepared. Upon receipt thereof the department may
proceed under the plan to the extent and in such manner as it considers
advisable. [Amended by 1967 c.421 §128]
     274.300 [Amended by 1967 c.421 §22; renumbered
273.111]
     274.310 [Amended by 1967 c.421 §129; 1969 c.594 §14;
repealed by 2005 c.755 §59]
     274.355 [1961 c.479 §1; 1967 c.421 §109; repealed by
1967 c.567 §14]
     274.360 [1961 c.479 §§2,3; 1967 c.421 §110; repealed
by 1967 c.567 §14]
     274.365 [1961 c.479 §§4,6; 1967 c.421 §111; repealed
by 1967 c.567 §14]
     274.370 [1961 c.479 §5; 1967 c.421 §112; repealed by
1967 c.567 §14]
     274.375 [1961 c.479 §7; 1967 c.421 §113; repealed by
1967 c.567 §14]
BEDS OF
STREAMS, LAKES AND BAYS
(Ownership)
     274.400
Definition for ORS 274.400 to 274.412. As used in ORS 274.400 to 274.412, “board” means the State Land Board.
[1995 c.471 §2]
     274.402
Exclusive jurisdiction to assert title to submerged or submersible lands in
navigable waterway. (1) The
     (2) The board shall not in any manner
assert title to submerged or submersible lands in any waterway in this state
unless either:
     (a) A court having jurisdiction to
determine title to real property in
     (b) The board has made a declaration under
ORS 274.406 that contemplates the assertion of such title. [1995 c.471 §3]
     274.404
Administrative determination of navigable waterway; rules; procedure. (1) On or before July 1, 1996, the State
Land Board shall adopt by rule a procedure that is consistent with ORS 274.400
to 274.412 by which the board and the Department of State Lands shall make a
final administrative determination as to whether a waterway or part of a
waterway is navigable, and if so, the extent of the interest claimed by the
State of Oregon in the navigable portion of the waterway.
     (2) The rules adopted under subsection (1)
of this section shall incorporate the following procedures that the board and
the department shall follow:
     (a) The board may direct the department to
make a determination of navigability if there is sufficient economic
justification or if there is a broad and substantial public interest. If the
board so directs, the department shall conduct a study to make the
determination.
     (b) The department shall provide prompt
public notice to affected property owners that the department is beginning the
study.
     (c) Upon completion of a study directed
under paragraph (a) of this subsection, the department shall prepare and submit
to the board a draft report setting forth the departmentÂ’s findings and
conclusions as to whether the waterway or part of the waterway under study is
navigable and, if so, the extent of the State of OregonÂ’s interest in the
waterway or part of the waterway.
     (d) The department shall provide
appropriate prior public notice to affected property owners and other
interested parties concerning the draft report. The notice shall provide an
opportunity for a public hearing in the area of the affected waterway and an
opportunity for the public to submit written comments on the draft report and
to submit testimony or other evidence concerning the navigability of the
affected waterway or part of the waterway or the State of OregonÂ’s interest in
the waterway or part of the waterway.
     (e) Following the public hearing, the
board may adopt the draft report submitted by the department if substantial
evidence in the record supports the reportÂ’s findings and conclusions, or the
board may refer the report to the department for further action as determined
by the board. [1995 c.471 §4]
     274.406
Declaration of stateÂ’s claim; effect. (1) Upon the adoption of a report by the State Land Board under ORS
274.404 (2)(e), the board shall declare the nature and extent of the stateÂ’s
claim to any interest that remains or is vested in the State of Oregon with
respect to any land or waterway described in the report.
     (2) Except as it may be modified upon
review pursuant to ORS 274.412, a declaration made by the board pursuant to
subsection (1) of this section shall be binding upon the State of Oregon with
respect to the interest, if any, of the State of Oregon in any land or waterway
described in the declaration.
     (3) Nothing contained in this section is
intended to affect the ability of a court of competent jurisdiction to make a
determination with respect to a private claim to or interest in real property. [1995
c.471 §5]
     274.408
Public notice of claim; content. Immediately following a declaration made by the State Land Board
pursuant to ORS 274.406, the board shall:
     (1) Cause reasonable public notice of the
declaration to be given to interested parties. The notice shall:
     (a) Describe the land or waterway affected
and the nature and extent of the stateÂ’s claim. Such notice need not describe
the land or waterway in legal terms, but by the use of common descriptions or
maps shall be designed to identify the land or waterway in a manner
intelligible to the layperson and useful in establishing the exact location of the
state claim in relation to existing legal descriptions.
     (b) Advise that any person aggrieved by
the declaration may seek judicial review of the declaration pursuant to ORS
274.412.
     (2) Send to each owner of record of land
described in the declaration a copy of the declaration made with respect to the
land and a statement advising such owner that any aggrieved party may seek
judicial review of the declaration pursuant to ORS 274.412. [1995 c.471 §6]
     274.410 [Renumbered 274.525]
     274.412
Judicial review of declaration of stateÂ’s claim. Any person who is aggrieved by a declaration
of the State Land Board made pursuant to ORS 274.406 may seek judicial review
of the declaration in the manner provided in ORS chapter 183 for judicial
review of final orders in other than contested cases. For purposes of ORS
183.484 (2), the date three days after the date of mailing of notice under ORS
274.408 (2) shall be considered the date the order is served on the owner. [1995
c.471 §7]
     274.420 [Amended by 1967 c.421 §100; renumbered
274.025]
     274.425
Definition for ORS 274.430 to 274.520. As used in ORS 274.430 to 274.520, “meandered lake” means a lake
wholly or partly within this state that has been meandered by the
     274.430
State ownership of meandered lakes; status as navigable and public waters. (1) All meandered lakes are declared to be
navigable and public waters. The waters thereof are declared to be of public
character. The title to the submersible and submerged lands of such meandered
lakes, which are not included in the valid terms of a grant or conveyance from
the State of
     (2) ORS 274.430 to 274.450 shall not apply
to any nonnavigable lakes lying within the boundaries of any duly organized and
incorporated drainage district which was in existence on January 1, 1921.
     (3) Nothing in this section impairs the
title of any upland or riparian owner to or any vested rights in land which was
added prior to May 25, 1921, by natural accretion or reliction to the lands of
such upland owner. [Amended by 1967 c.421 §132]
     274.440
Acquisition of future rights to meandered lakes denied; extension of riparian
ownership; lands overflowed by high water. (1) There are no vested rights in or to any future accretion or
reliction to the lands of any upland or riparian owner on any meandered lake.
No person shall acquire any right, title or interest in or to the submerged or
submersible lands of any such lakes, or any part thereof, by reliction, accretion
or otherwise, or by reason of the lowering or drainage of the waters of such
lakes, except as provided by statute.
     (2) Upon drainage of meandered lakes, the
title of owners of land riparian to such lakes drained under any law shall
extend to so much of the submersible and submerged lands reclaimed by such
drainage as is required to fill out the least fractional subdivision or
subdivisions of any section owned by such riparian owners and which is rendered
fractional by the meander line of such lake; and the title of such owners shall
be so limited when the receding lake waters, because of such drainage, uncover
the submersible and submerged lands. Where by reason of natural accretion or
reliction such fractional subdivision or subdivisions of such upland owners
were filled out thereby prior to May 25, 1921, such upland owners shall hold to
the line of such lands as extended by the natural accretion or reliction.
     (3) Submersible and submerged lands
covered at ordinary high water at ordinarily recurring seasons by the waters of
meandered lakes, or from which the waters of any such lakes have not at
ordinarily high water permanently receded, are not considered to be accreted or
relicted lands, but the same and all accretions and relictions occurring or formed
over any of the lands of the State of Oregon, as provided by ORS 274.430, are
the property of the State of Oregon, and may be by it leased, sold or managed
in the manner provided by law. [Amended by 1967 c.421 §133]
     274.450
Acquisition of riparian rights by department. The Department of State Lands may acquire by purchase, gift,
condemnation or otherwise, any riparian rights which may, by any court of
competent jurisdiction, be held to be owned by or vested in any upland or
riparian owner on any meandered lakes, and may institute such suits or actions
as may be necessary in such condemnation proceedings. [Amended by 1967 c.421 §134]
     274.460
SettlerÂ’s and riparian ownerÂ’s preferential right to purchase land within
meander lines. All persons
qualified to become entrymen and to secure land patents under the homestead
laws of the United States and who prior to January 1, 1921, in good faith
settled upon lands within the meander lines of lakes returned as navigable by
the United States surveys and who, on January 1, 1921, by reason of settlement,
cultivation and improvements on any such lands would be entitled to patent from
the United States if such lands were open or subject to homestead entry are
given a preference right to purchase from the State of Oregon such lands so
settled upon by them, not exceeding 160 acres for any one person, upon such
terms and at such prices and within such times as shall be fixed by the
Department of State Lands. However, owners of the upland bordering upon such
ordinary high water mark have a preference right to purchase, at the best price
bid, state lands described in ORS 274.430 and riparian to their lands, and not
exceeding 160 acres, in addition to the lands granted them by ORS 274.430 and
274.440. [Amended by 1967 c.421 §135]
     274.470
SettlerÂ’s right to deed to land within meander lines; preferential right to
additional land; tacking by successive settlers. (1) Any person who in good faith settled
upon lands within the meander lines of any meandered lake and who, on January
1, 1921, actually resided thereon, who maintained residence thereon for at
least five years immediately prior to such date, and who complied with the
requirements of settlement, residence, cultivation and improvement, specified
for homestead entrymen under the homestead laws of the United States, and which
would be sufficient to acquire title by patent if such lands were subject to
homestead entry by qualified entrymen, upon proof of such facts to the
satisfaction of the Department of State Lands:
     (a) Is entitled to a deed from the state,
conveying and granting such lands not exceeding 160 acres without cost; and
     (b) Has a preferential right to purchase
from the State of
     (2) Any person who did not reside on any
lands described in subsection (1) of this section for five years immediately
prior to January 1, 1921, but who purchased the improvement or possessory
rights or claims of a prior occupant, and whose residence and possession when
tacked to that of such prior occupant extended for a period of not less than
five years immediately prior to such date, shall have a preferential right to
purchase such lands, not exceeding 160 acres, the price of which shall be fixed
without reference to the value of the improvements thereon. [Amended by 1967
c.421 §136]
     274.480
Rights of riparian owners on Malheur and
     274.490
Settlement of conflicting preferential rights. Settlers within the meander line of any
meandered lake have the first preferential right, and the Department of State
Lands shall, so far as practicable, work out the various preferential rights by
securing to each, all the lands which would be most advantageously used by such
several persons. In case of conflict, the department shall give the parties a
reasonable time in which to agree, and if they cannot agree, the department
shall decide the matter and make conveyances as it considers equitable, and its
decision in the matter shall be final. The department shall fix the time within
which such preferential rights shall be exercised. [Amended by 1967 c.421 §138]
     274.500
Conveyance of compact area; prices; maximum acreage. (1) All of the lands referred to in ORS
274.470 and 274.480 granted or conveyed by the state, shall be granted and conveyed
in a reasonably compact area, to be determined by the Department of State
Lands.
     (2) All sales of such state lands shall be
at prices fixed by the department, and no more than 320 acres shall be sold or
conveyed to any one person. [Amended by 1967 c.421 §139]
     274.510
Lake bed lands claimed by the
     (2) Nothing in this section is a
recognition of any title or interest in the
     (3) In carrying out such agreements the
department may utilize the proceeds from the sale of such lands in which title
or interest is claimed by the federal government. This section does not
authorize the department or any other state agency to enter into any agreement
which will divest any person of any water rights acquired under the laws of
this state or otherwise. [Amended by 1967 c.421 §140]
     274.520
Acceptance of deed to lake bed lands as precluding any other claim. Any person who elects to take any deed from
the State of Oregon under ORS 274.430 to 274.520 to any lands within the
meander lines of a lake takes the same in lieu of any claim to any other lands
within the meander line of such lake in which such deeded lands lie, and shall
not thereafter maintain in any court any claim to any lands inside the meander
line of such lake other than to the lands conveyed to such person by deed from
the state under ORS 274.430 to 274.520 or which such person acquires in good
faith from a grantee or purchaser from the State of Oregon under such statutes.
[Amended by 1967 c.421 §141]
     274.523 [1967 c.421 §143; repealed by 1969 c.594 §63]
(Removing
Materials)
     274.525
City use of stream bed material. (1) Any city of the State of Oregon bordering on a navigable stream
may dredge out and use material from submersible and submerged lands of the
stream, owned by the State of Oregon and in front of such city, for the purpose
of filling in or reclaiming the submersible lands within such city, under the
rules of the Department of State Lands. The consent of the appropriate agency
of the United States Government shall be first obtained by such city.
     (2) Any contractor who has entered into a
contract with any such city to fill in or reclaim any of its submersible lands
may dredge and use such material in the same manner as may be done by such
city. [Formerly 274.410; 1967 c.421 §145; 1969 c.594 §43]
     274.530
Lease or license of stream beds for removal of material; rules for measurement
of volume removed. (1) The
Department of State Lands may, after notice of competitive bidding, and
following such competitive bidding, lease or license submersible and submerged
lands of navigable streams owned by the State of
     (2) The department may prescribe by rule
the manner in which the volume in cubic yards or the weight in tons for the
material removed shall be determined.
     (3) Notwithstanding subsections (1) and
(2) of this section, the department may enter into a license for the removal of
material from submersible and submerged lands of navigable streams owned by the
State of
     (4) The department shall, prior to any
competitive bidding notice, establish prebid qualifications that include but
are not limited to the following:
     (a) The minimum yardage amount of material
that must be removed for each year for which the lease is valid.
     (b) Evidence that all bidders have an
established market, as provided by each bidder. [Amended by 1961 c.509 §2; 1961
c.676 §3; 1967 c.421 §144; 1967 c.567 §§15, 15a; 1971 c.509 §1; 1995 c.113 §1]
     274.540 [Amended by 1953 c.181 §2; 1961 c.509 §3;
1961 c.676 §4; 1967 c.421 §45; renumbered 273.225]
     274.550
Removal of material without payment of royalties; eligible material and uses. (1) A person may remove material from
submersible and submerged lands owned by the State of
     (a) Removed for channel or harbor
improvement or flood control;
     (b) Used for filling, diking or reclaiming
land owned by the state or any political subdivision as defined in ORS 271.005
and located not more than two miles from the bank of the stream;
     (c) Used for the creation, maintenance or
enhancement of fish or wildlife habitat;
     (d) Used for the maintenance of public
beaches; or
     (e) Contaminated with hazardous material,
as defined in ORS 466.605, provided that the person gives the department
written notice of the removal at least 30 days prior to disposal.
     (2) A person does not have to pay
royalties to the state for the following uses of material, if the person
provides at least 30 daysÂ’ written notice to the department of the intended
use:
     (a) The filling of any property up to an
elevation of one foot above the line of ordinary high water of a waterway by a
state agency or political subdivision, as defined in ORS 271.005.
     (b) The material is used solely for a
public purpose by a political subdivision, as defined in ORS 271.005.
     (3) A person may not remove any material
from the place it was first deposited or use the material as an article of
commerce without providing, prior to the removal of the material, written
notification to the department and payment of any royalties for the material as
determined by the department.
     (4) In addition to the purposes enumerated
in subsection (1) of this section, any person may take material for the
exclusive use of the person to the extent of not more than 50 cubic yards or
the equivalent weight in tons in any one year. However, before taking the
material, the person shall first notify the department.
     (5) Upon the removal of material from
submersible or submerged lands not exempt from the payment of royalties,
royalties in an amount established by the department must be paid to the
department.
     (6) For purposes of this section:
     (a) “Article of commerce” means any
material, other than material used for upland disposal or contaminated material
put to beneficial use, that is bought, sold or exchanged in any manner for
goods or services and that otherwise would have to be acquired from alternative
sources.
     (b) “Reclaiming land” means raising the
elevation of a portion of land within a 100-year floodplain to not more than
one foot of elevation higher than the highest elevation of the 100-year floodplain,
or protecting land otherwise in the 100-year floodplain by the construction of
dikes or other flood control improvements. [Amended by 1961 c.149 §1; 1961
c.676 §5; 1967 c.421 §146; 1969 c.594 §44; 1971 c.509 §3; 1981 c.787 §53; 2003
c.465 §1]
     274.560
Lease terms; bond or security; prohibited lease or purchase option; monthly
reports and payments; rules.
(1) The Department of State Lands may enter into contract of lease for purposes
of ORS 274.525 to 274.590 with such stipulations protecting the interest of the
state as the department may require, and may require a bond with a surety
company authorized to transact a surety business in this state, as surety, or
other form of security, to be given by the lessee for performance of such
stipulations, and providing for forfeiture for nonpayment or failure to operate
under the contract. No contract shall be entered into giving any person an
option of leasing or purchasing the property of the State of
     (2) The department shall adopt rules to
establish criteria to determine when security is required. [Amended by 1965
c.375 §1; 1967 c.421 §147; 1969 c.594 §45; 1991 c.264 §1]
     274.570 [Amended by 1967 c.421 §106; renumbered
274.035]
     274.580 [Amended by 1961 c.509 §4; 1967 c.421 §46;
renumbered 273.231]
     274.590
Cooperation with
     274.600 [Amended by 1967 c.33 §1; 1967 c.421 §47;
1967 c.567 §16; renumbered 273.235]
     274.605 [Amended by 1967 c.421 §48; renumbered
273.241]
EXPLORATION
FOR MINERALS
     274.610
Prohibited contracts for exploration for hard minerals; scientific research. (1) The Department of State Lands shall not
enter into contracts for governmental or private development or exploration for
hard minerals on state-owned submersible and submerged lands within the
territorial sea and navigable bays that are subject to the jurisdiction of the
department.
     (2) Nothing in this section shall be
considered to prohibit scientific research conducted by or on behalf of an
academic institution or a government agency.
     (3) As used in subsection (1) of this
section, “hard minerals” includes but is not limited to natural deposits or
mineral sources of gold, silver, copper, lead, iron, manganese, silica, chrome,
platinum, tungsten and zirconium. “Hard minerals” does not include oil, gas or
sulfur deposits subject to ORS 274.705 to 274.860.
     (4) As used in this section:
     (a) “Exploration” means any activity the
principal purpose of which is to define, characterize or evaluate hard mineral
deposits for possible commercial development or production.
     (b) “Scientific research” means any
activity the principal purpose of which is to improve scientific or technical
understanding of earth, ocean or atmospheric processes, hazards and resources
and for which the data generated are nonproprietary or public. [1991 c.217 §1]
     Note: 274.610 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 274 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     274.611 [1967 c.421 §150; 1987 c.300 §1; repealed by
1991 c.217 §6]
     274.615 [1961 c.703 §§1,13; 1967 c.421 §151; 1987
c.300 §2; repealed by 1991 c.217 §6]
     274.620 [1961 c.703 §2; 1965 c.375 §2; 1967 c.421 §152;
1969 c.594 §46; 1987 c.300 §3; repealed by 1991 c.217 §6]
     274.625 [1961 c.703 §3; 1967 c.421 §153; 1987 c.300 §4;
repealed by 1991 c.217 §6]
     274.630 [1961 c.703 §4; 1967 c.421 §154; 1987 c.300 §5;
repealed by 1991 c.217 §6]
     274.635 [1961 c.703 §§5,8 and 12; 1967 c.421 §155;
1987 c.300 §6; repealed by 1991 c.217 §6]
     274.640 [1961 c.703 §§7,10; 1967 c.421 §156; 1987
c.300 §8; repealed by 1991 c.217 §6]
     274.645 [1961 c.703 §11; 1967 c.421 §157; repealed
by 1987 c.300 §10]
     274.650 [1961 c.703 §6; repealed by 1967 c.421 §206]
TIDAL
SUBMERGED AND SUBMERSIBLE LANDS
(General
Provisions)
     274.705
Definitions for ORS 274.705 to 274.860. As used in ORS 274.705 to 274.860, unless the context requires
otherwise:
     (1) “Filled lands” includes submerged and
submersible lands reclaimed artificially through raising such lands above the
highest probable elevation of the tides to form dry land, by placement of a
fill or deposit of earth, rock, sand or other solid imperishable material.
     (2) “Gas” means all natural gas and all
other fluid hydrocarbons not defined as oil in subsection (4) of this section,
including condensate originally in the gaseous phase in the reservoir.
     (3) “Lease” means an oil, gas and sulfur
lease issued pursuant to ORS 274.705 to 274.860.
     (4) “Oil” means crude petroleum oil and
all other hydrocarbons, regardless of gravity, which are produced in liquid
form by ordinary production methods, but does not include liquid hydrocarbons
that were originally in a gaseous phase in the reservoir.
     (5) “Person,” in addition to the meanings
defined by ORS 174.100, includes quasi-public corporations, political
subdivisions and governmental agencies and instrumentalities.
     (6) “Structure” means any construction
works, including but not limited to derricks, pipelines, lines for the
transmission and distribution of electricity, telephone lines, wharves, piers,
slips, warehouses and units designed to act as groins, jetties, seawalls,
breakwaters or bulkheads.
     (7) “Tidal submerged lands” means lands
lying below the line of mean low tide in the beds of all tidal waters within
the boundaries of this state as heretofore or hereafter established. [1961
c.619 §1; 1967 c.421 §158]
     274.710
Jurisdiction of department over tidal submerged lands; easements; leases for
oil, gas and sulfur. (1) The
Department of State Lands has exclusive jurisdiction over all ungranted tidal
submerged lands owned by this state, whether within or beyond the boundaries of
this state, heretofore or hereafter acquired by this state:
     (a) By quitclaim, cession, grant, contract
or otherwise from the
     (b) By any other means.
     (2) All jurisdiction and authority
remaining in the state over tidal submerged lands as to which grants have been
or may be made is vested in the department.
     (3) Notwithstanding ORS 273.551, the
department shall administer and control all tidal submerged lands described in
subsections (1) and (2) of this section under its jurisdiction, and may lease
such lands and submersible lands and dispose of oil, gas and sulfur under such
lands and submersible lands in the manner prescribed by ORS 274.705 to 274.860.
However, submerged and submersible lands lying more than 10 miles easterly of
the 124th
     (4) Notwithstanding any other provision of
ORS 274.705 to 274.860, the department may not permit any interference other
than temporary interference with the surface of the ocean shore, as defined in
ORS 390.615. The department may, however:
     (a) Grant easements underlying that part
of the surface of the ocean shore owned by the state at such times and at such
places as the department finds necessary to permit the extraction and
transportation of oil, gas or sulfur from state, federal or private lands; and
     (b) Issue oil and gas leases underlying
the ocean shore under the same terms and conditions as provided in ORS 274.705
to 274.860. [1961 c.619 §2; 1967 c.421 §159; 2005 c.22 §197]
     Note: Sections 1 and 2, chapter 521, Oregon Laws
2007, provide:
     Sec.
1. (1) Notwithstanding the
provisions of ORS 274.705 to 274.860 or 520.240, any form of leasing for
purposes of exploration, development or production of oil, gas or sulfur is
prohibited in the territorial sea.
     (2)(a) The provisions of subsection (1) of
this section do not apply to exploration for scientific or academic research
purposes, or geologic survey activities of the State Department of Geology and
Mineral Industries.
     (b) The provisions of subsection (1) of
this section also do not apply in the event the Governor determines that an oil
embargo substantially affects the supply of oil to the
     (3) Any exploration for oil, gas or sulfur
in the territorial sea allowed under ORS 274.705 to 274.860 and 274.885 to
274.895 by the State Land Board or the Department of State Lands must conform
to standards of the Oregon Ocean Resources Management Program established under
ORS 196.405 to 196.515.
     (4) For the purposes of this section:
     (a) “Gas” means all natural gas, gas
hydrates and all fluid hydrocarbons not defined as oil in this subsection. “Gas”
includes condensate originally in the gaseous phase in the reservoir.
     (b) “Oil” means crude petroleum oil and
all other hydrocarbons, regardless of gravity, that are produced in liquid form
by ordinary production methods. “Oil” does not include liquid hydrocarbons that
were originally in a gaseous phase in the reservoir.
     (c) “Territorial sea” has the meaning
given that term in ORS 196.405. [2007 c.521 §1]
     Sec.
2. Section 1 of this 2007
Act is repealed on January 2, 2010. [2007 c.521 §2]
     274.715
Sulfur leases. ORS 274.705
to 274.860 shall apply equally to the exploration and leasing of lands subject
thereto for the production of sulfur. [1961 c.619 §34; 1967 c.421 §160]
     274.720
Effect of ORS 274.705 to 274.860 on power to make other leases and on
jurisdiction of agencies other than department. ORS 274.705 to 274.860 shall not:
     (1) Affect the power of the Department of
State Lands to lease mineral rights, including oil, gas and sulfur underlying
state lands other than lands subject to ORS 274.705 to 274.860.
     (2) Affect the power of the department to
lease mineral rights, other than oil, gas and sulfur underlying lands subject
to ORS 274.705 to 274.860.
     (3) Affect any oil, gas and mineral lease
issued before August 9, 1961, by any agency, board or commission of the State
of
     (4) Deprive this state or any agency or
instrumentality thereof of its jurisdiction over matters affecting the public
health and safety, including but not limited to the control of air and water
pollution. [1961 c.619 §§36, 37; 1967 c.421 §161]
     274.725
Scope of leases and permits; persons ineligible. (1) Any interests in lands, or lands in fee
simple, acquired by the Department of State Lands by purchase, donation, lease
condemnation or otherwise, may be made available to any lessee of the state for
the purposes contained in ORS 274.705 to 274.860 and upon such terms as may be
determined by the department.
     (2) No permit or lease shall be granted to
any person then in violation of any laws or rules applicable to ORS 274.705 to
274.860. [1961 c.619 §§32, 38,43; 1967 c.421 §162]
(Geological
and Geophysical Surveys)
     274.735
Application for survey permit; effect of permit; rules. (1) The Department of State Lands upon
application by any person may permit geological, geophysical and seismic
surveys, including the taking of cores and other samples for purposes related
to exploration for oil, gas and sulfur on lands subject to ORS 274.705 to
274.860. However:
     (a) Such permits shall be nonexclusive and
shall not give any preferential rights to any oil, gas and sulfur lease.
     (b) The Department of State Lands in
consultation with the State Department of Geology and Mineral Industries may
grant permission for the taking of cores and other samples.
     (c) After consultation with the State Fish
and Wildlife Commission, the Department of State Lands shall include such rules
and regulations in the permit as are necessary to protect the fish and wildlife
resources.
     (2) Each application under this section
must contain at least the following information:
     (a) A description of the areas where the
applicant proposes to conduct a survey.
     (b) The name and address of the applicant.
     (c) Such other relevant information as the
Department of State Lands requires. [1961 c.619 §3; 1967 c.421 §163; 1987 c.300
§9; 2003 c.253 §21]
     274.740
Issuance of survey permit; renewal; reports. (1) Upon compliance of an applicant with ORS 274.735, the Department
of State Lands may issue to the applicant a permit to conduct a geological,
geophysical and seismic survey, including the taking of cores and other
samples, in areas of the lands subject to ORS 274.705 to 274.860 that are
described on the permit. The department may prohibit such surveys on any area
if, in consultation with the State Department of Geology and Mineral
Industries, it determines that a lease, if applied for, should not be granted
as to such areas. The Department of State Lands shall include in a permit
conditions and payments proper to safeguard the interests of the state.
     (2) Permits issued under this section may
not exceed two years, and may be renewed for like periods upon application to
the department and upon showing due compliance with applicable laws and
regulations.
     (3) The department shall require the
permittee to provide the State Fish and Wildlife Commission with complete
information with respect to the area or areas of proposed operations, type of
exploration and a schedule showing the period or periods during which such
explorations will be conducted. Such information shall be treated as
confidential unless released by the permittee. [1961 c.619 §4; 1967 c.421 §164;
2003 c.253 §22]
     274.745
Drilling logs and records.
(1) Records of drilling conducted by a permittee under ORS 274.740 shall be
filed by the permittee with the State Department of Geology and Mineral
Industries as prescribed by ORS 520.095.
     (2) The Department of State Lands may
require, as a condition to the issuance of any lease under ORS 274.705 to
274.860, that the lessee make available to the Department of State Lands, or
the State Department of Geology and Mineral Industries, upon request, all
factual and physical exploration results, logs and records resulting from the
operations under the lease. [1961 c.619 §5; 1967 c.421 §165; 1973 c.794 §18]
(Bid
Procedure)
     274.755
Hearing prior to granting lease or easement. (1) Before granting any easement under ORS 274.705 to 274.860, and
before offering lands for leasing under ORS 274.705 to 274.860, or whenever any
person files a written application with the Department of State Lands
requesting that an easement be granted for such lands or that such lands be
offered for leasing under ORS 274.705 to 274.860, accompanying the same with
the required fee, the department shall hold a public hearing as provided in
this section.
     (2) Before granting an easement or
inviting bids on any lands subject to ORS 274.705 to 274.860, the department
shall cause written notice describing the area under consideration and other
pertinent information to be transmitted to:
     (a) State Geologist;
     (b) Director of Transportation;
     (c) Director of the Department of
Environmental Quality;
     (d) State Fish and Wildlife Director;
     (e) The applicant, if any, requesting the
lease;
     (f) Prospective applicants or bidders, by
publication thereof in two or more publications of general circulation in the
oil and gas industry; and
     (g) The public, by publication thereof
once each week for not less than four weeks in a newspaper of general
circulation throughout the State of Oregon, and in addition in a newspaper of
general circulation in the county in which the lands lie or the county or
counties contiguous to the area under consideration for bidding.
     (3) The notice shall set forth the place
of hearing and shall set its time at not earlier than the 20th day after date
of the last newspaper publication.
     (4) Notwithstanding ORS 183.635, hearings
under this section may be conducted by an administrative law judge assigned
from the Office of Administrative Hearings established under ORS 183.605 or may
be conducted by a hearing officer designated by the State Land Board. An
officer or employee of each interested state agency, board or commission named
in subsection (2) of this section may question any witnesses appearing in the
hearing, and any interested person may offer evidence and otherwise be heard. [1961
c.619 §6; 1965 c.375 §3; 1967 c.421 §166; 1969 c.593 §34; 1993 c.741 §25; 1999
c.849 §§57,58; 2001 c.104 §§83,84; 2003 c.75 §31]
     274.760
Considerations involved in granting lease or easement. After the public hearing the Department of
State Lands shall determine whether the granting of an easement or an
invitation for bidding to lease the area under consideration would be in the
public interest. In such determination the department shall consider whether an
easement or a lease or leases of the area under consideration would:
     (1) Be detrimental to the health, safety,
or welfare of persons residing in, owning real property, or working in the
neighborhood of such areas;
     (2) Interfere with the residential or
recreation areas to an extent that would render such areas unfit for
recreational or residential uses or unfit for park purposes;
     (3) Destroy, impair or interfere with the
aesthetic and scenic values of the
     (4) Create any air, water or other
pollution;
     (5) Substantially endanger marine life or
wildlife;
     (6) Substantially interfere with commerce
or navigation; and
     (7) Protect state lands from drainage of
oil and gas. [1961 c.619 §7]
     274.765
Publishing offer to lease tidal submerged lands; bids; cash bonus; award of
lease; fee. (1) The
Department of State Lands may offer to lease lands subject to ORS 274.705 to
274.860 by publication of a notice of its intention to do so, once each week
for not less than two weeks in two or more newspapers of general circulation in
this state, one of which is published or has general circulation in the county
in which the lands lie or county or counties contiguous thereto. The notice
shall describe the lands so offered, and shall specify the rate of royalty,
including the royalty for sulfur, and the rental, the manner in which bids may
be filed with the department, the amount of the deposit that must accompany
each bid, and the time and place for filing bids, which time shall not be earlier
than the 30th day after the date of last publication of such notice. Further,
the notice shall state that the lease will be awarded to the bidder offering
the highest cash bonus, and that the form of lease, conditions for bidding and
bid form may be obtained from the department upon request.
     (2) Each bid shall be enclosed in a sealed
envelope, shall be on the form provided by the department and shall be
accompanied by duplicate lease forms executed by the bidder, and by a certified
or cashierÂ’s check or checks payable to the State of Oregon in the amount fixed
by the department, which sum shall be deposited as evidence of good faith and
except in the case of the successful bidder shall be returned to the bidder. If
the successful bidder fails to pay the balance of the cash bonus bid and the
annual rental for the first year not later than the 15th day after the award of
the lease, or fails to post any bond required by the lease or the rules in
effect at the date of the invitation for bids within the time prescribed, the
amount of the deposit shall be forfeited to the state.
     (3) At the time and place specified in the
notice the department shall publicly open the sealed bids and shall award the
lease for each parcel to the bidder who, in addition to complying with all of
the conditions for bidding, offers the highest cash bonus. The department may,
however, reject any or all bids for cause.
     (4) Following the award of the lease, the
payment by the successful bidder of the balance of the cash bonus, the annual rental
for the first year, and the fee specified in this section, and the posting of
any required bonds, the department shall execute the lease in duplicate on
behalf of the state and transmit one counterpart thereof to the lessee. The
lease shall become effective as of the date of such execution.
     (5) The department shall prescribe a
reasonable fee to cover the procedures under this section, which shall be paid
by the successful bidder. [1961 c.619 §27; 1967 c.421 §167]
     274.770
Prohibited drilling requirements. In leasing lands subject to ORS 274.705 to 274.860, the Department of
State Lands may not discriminate between bidders by requiring drilling from:
     (1) Upland or littoral drill sites;
     (2) Sites on filled land, whether
contiguous or noncontiguous to the littoral lands or uplands; or
     (3) Any pier, platform or other fixed or
floating structure in, on or over lands subject to ORS 274.705 to 274.860, with
respect to which this state or any other owner thereof has consented to use. [1961
c.619 §30; 1967 c.421 §168]
(Leases)
     274.780
Conditions in leases and permits; execution; delivery of bonds or contracts to
department. (1) The form of
lease shall contain, in addition to other provisions deemed necessary and
desirable by the Department of State Lands, after consultation with the State
Department of Geology and Mineral Industries, the State Fish and Wildlife
Commission and other interested agencies, boards and commissions, the
provisions of ORS 274.780 to 274.860.
     (2) The form of a permit shall contain, in
addition to other provisions deemed necessary and desirable by the Department
of State Lands, after consultation with the State Department of Geology and
Mineral Industries, the State Fish and Wildlife Commission and other interested
agencies, boards and commissions, the provisions of ORS 274.785 (3).
     (3) All leases and other instruments
required in carrying out ORS 274.705 to 274.860 shall be executed by the
Department of State Lands. All bonds, contracts and other instruments required
by ORS 274.705 to 274.860 for the protection of the interests of this state and
political subdivisions, persons and property therein shall be executed and
delivered to the department. [1961 c.619 §§9,28; 2003 c.253 §23]
     274.785
Exclusive rights granted by lease; requirement of diligence; maximum area;
assignment. (1) The lease
shall grant the exclusive right to drill for and produce all oil, gas and
sulfur deposits in the leased land and be for a primary term of 10 years and
for so long thereafter as oil, gas or sulfur is produced in paying quantities
from the leased land, or lessee is diligently conducting producing, drilling,
deepening, repairing, redrilling or other necessary lease or well maintenance
operations on the leased land or is excused from conducting such operations
under the terms of the lease.
     (2) The maximum area which shall be
included in any single lease to any person shall be 13,200 acres.
     (3) No permit, easement or lease, or any
portions thereof shall be assignable without the prior written consent of the
Department of State Lands. [1961 c.619 §§8,10,22; 1963 c.359 §1]
     274.790
Royalties. (1) The
Department of State Lands shall specify in the notice described by ORS 274.765
and in the lease the rate of royalty paid under such lease which royalty shall
not be less than 12-1/2 percent of gross production, or the value thereof,
produced and saved from the leased lands and not used by lessee for operations
thereon or for injection therein. Such royalty shall, at the departmentÂ’s
option, be paid in kind or in value, and be computed after an allowance for the
actual cost of oil treatment or dehydration of not to exceed five cents per
barrel of royalty oil so treated or dehydrated.
     (2) The royalty for sulfur produced under
ORS 274.705 to 274.860 shall not be less than $1 per long ton.
     (3) The State of
     274.795
Rents. The Department of
State Lands shall specify a rental payable annually in advance of not less than
50 cents for each acre of land subject to the lease at the rental date. After
production has been established, rent paid shall be deducted from any royalty
due under the terms of a lease during the year for which such rent has been
paid. [1961 c.619 §13]
     274.800
Bonds. Sufficient bonding
requirements, as determined by the Department of Geology and Mineral
Industries, shall be specified to secure to the State of
     274.805
Drill sites. Unless
otherwise determined by the Department of State Lands, each well drilled
pursuant to the terms of the lease may be drilled or slant drilled to and into
the subsurface of the lands covered by the lease from upland or littoral drill
sites owned or controlled by the state or owned by or available to the lessee,
or from drill sites located upon any filled lands heretofore or hereafter
filled, whether contiguous or noncontiguous to the littoral lands or uplands,
or from any pier heretofore or hereafter constructed owned by or available to
the lessee and available for such purpose, or from platforms or other fixed or
floating structures in, on or over the lands covered by the lease or otherwise
available to the lessee. [1961 c.619 §16; 1967 c.421 §170]
     274.810
Commencement of drilling; operational requirements. Subject to the lesseeÂ’s right to surrender,
the lessee shall commence operations for the drilling of a well within five
years from date of the lease and commence production within three years of
discovery of oil, gas or sulfur in paying quantities, unless the Department of
State Lands shall have, for cause, granted an extension of time for such act.
In addition, the lease shall have such exploratory, drilling and producing
requirements as the Department of State Lands in consultation with the
Department of Geology and Mineral Industries deems necessary to encourage the
exercise of due diligence on the part of lessee. [1961 c.619 §20]
     274.815
Extension of time when wells to be drilled from filled land or structure. If the lessee, as disclosed by information
submitted with the bid of the lessee, proposes to drill one or more wells from
filled land, whether contiguous or noncontiguous to the littoral lands or
uplands, or from any pier or from platforms or other fixed or floating
structures to be constructed for such purpose, and if permission from any
federal or state agency is legally required in order to construct any such
filled lands or structures, the lessee shall be allowed a reasonable time
following the execution of the lease within which to secure the necessary permission
from such federal and state agencies as shall be legally required, and, upon
the securing of such permission, a further reasonable time, determined with
regard to the nature of the filled lands or structure or structures to be
constructed within which to commence operations for the drilling of such well
or wells, and if necessary, the drilling term provided for in ORS 274.810 shall
be extended by the Department of State Lands to the date to which the time to
commence operations for the drilling of such well or wells has been extended. [1961
c.619 §19]
     274.820
Water contamination or pollution. (1) Avoidable pollution or avoidable contamination of the ocean and of
the waters covering lands subject to ORS 274.705 to 274.860, avoidable
pollution or avoidable contamination of the beaches or land underlying the
ocean or waters covering lands subject to ORS 274.705 to 274.860, or any
substantial impairment of and interference with the enjoyment and use thereof,
including but not limited to bathing, boating, fishing, fish and wildlife
production, and navigation, shall be prohibited, and the lessee shall exercise
a high degree of care to provide that no oil, tar, residuary product of oil or
any refuse of any kind from any well or works shall be permitted to be
deposited on or pass into the waters of the ocean, any bay or inlet thereof, or
any other waters covering lands subject to ORS 274.705 to 274.860. However,
this section does not apply to the deposit on or passage into such waters of
water not containing any hydrocarbons or vegetable or animal matter.
     (2) For the purposes of this section, “avoidable
pollution” or “avoidable contamination” means pollution or contamination
arising from:
     (a) The acts or omissions of the lessee or
its officers, employees or agents, or
     (b) Events that could have been prevented
by the lessee or its officers, employees or agents through the exercise of a
high degree of care. [1961 c.619 §18; 1967 c.421 §171]
     274.825
Nonconflicting use of leased lands. The State of Oregon reserves the right to permit reasonable
nonconflicting uses, including seismic surveys but excluding core hole
drilling, on lands under lease as long as:
     (1) Such uses do not unreasonably impair
or interfere with operations of the lessee; and
     (2) Requirement is made that the permittee
indemnify the lessee against any damage caused by such use. [1961 c.619 §21;
1999 c.59 §71]
     274.830
Protecting lands from drainage.
The lessee shall at all times proceed with due diligence to protect the
leasehold from drainage by wells on lands not owned by the state. [1961 c.619 §23]
     274.835
Conformance to laws and regulations; periodic negotiations. It shall be a continuing condition of such
lease that the lessee shall conform to all applicable laws of the State of
Oregon and all duly promulgated rules and regulations pursuant thereto in
effect at the date of the invitation for bids in pursuance of which the lease
was awarded. Periodic mutual negotiations between lessee and lessor may be
carried out to make conditions, rules and regulations current as warranted by
changes in environment or operational methods. [1961 c.619 §26]
     274.840
Continuation of lease after cessation of production. In the event production on the leasehold
shall cease at any time or from time to time, before or after the expiration of
the primary term of the lease, the lease shall nevertheless continue in full
force and effect if the lessee shall, within six months after the cessation of
production or within such longer period of time as the Department of State
Lands may authorize, commence and thereafter prosecute with reasonable
diligence drilling, deepening, repairing, redrilling or other operations for
the restoration of production of oil, gas or sulfur from the leased lands. [1961
c.619 §15]
     274.845
Surrender of lease. The
lessee may at any time file with the Department of State Lands a written
surrender of all rights under the lease or any portion thereof or any separate
or distinct zone or geological horizon or any portion thereof. Such surrender
shall be effective as of the date of its filing subject to the continuing
obligation of the lessee to pay all rentals and royalties theretofore accrued
and to place all wells on the lands or in the zones or horizons surrendered in
condition for suspension or abandonment in accordance with the applicable lease
terms, regulations and law. Thereupon the lessee shall be released from all
obligations under such lease with respect to the lands, zones or horizons
surrendered, but no such surrender shall release such lessee from any liability
for breach of any monetary obligation of the lease with respect to which such
lessee is in default at the time of the filing of such surrender. [1961 c.619 §24]
     274.850
Cancellation of lease; partial retention of leasehold; removal of equipment. The Department of State Lands shall reserve
and may exercise the authority to cancel any lease upon which oil, gas or
sulfur has not been discovered in paying quantities, upon failure of the lessee
after 30 daysÂ’ written notice and demand for performance to exercise due
diligence and care in the prosecution of the prospecting or development work in
accordance with the terms of the lease. After discovery of oil, gas or sulfur
in paying quantities on lands subject to any lease, such lease may be forfeited
and canceled only by appropriate judicial proceedings upon failure of the
lessee after 90 daysÂ’ written notice and demand for performance to comply with
any of the provisions of the lease or of laws or regulations applicable thereto
and in force at the date of the invitation for bids in pursuance of which the
lease was awarded; provided, however, that in the event of any such
cancellation, the lessee shall have the right to retain under such lease any
and all drilling or producing wells as to which no default exists, together
with a parcel of land surrounding each such well and such rights of way through
the leased lands as may be reasonably necessary to enable such lessee to drill
and operate such retained well or wells. In the event of the cancellation of
any lease, the lessee shall have a reasonable time within which to remove all
property, equipment and facilities owned or used by the lessee in connection
with operations under the lease. [1961 c.619 §25]
     274.855
Restoration of leasehold to original condition. Upon any partial or total termination,
surrender or forfeiture of its permit or lease, the Department of State Lands
may require that the permittee or lessee, within a reasonable time, restore
that portion of the premises that is visible at extreme low tide to
substantially its original condition. [1961 c.619 §17]
     274.860
Protection and location of filled lands. Under a lease entered into by the Department of State Lands pursuant
to ORS 274.705 to 274.860, the fill constituting filled lands may be retained
in place or protected by bulkheads, seawalls, revetments or similar enclosures
and may be placed at any location approved by the Department of State Lands, in
consultation with the Department of Geology and Mineral Industries, the State
Fish and Wildlife Commission and other interested agencies, boards and
commissions. [1961 c.619 §31]
     274.865 [1961 c.619 §29; repealed by 1967 c.421 §206]
(Wave Energy
Facilities or Devices)
     274.867
Wave energy; financial assurance; rules. (1) In accordance with applicable provisions of ORS chapter 183, the
Director of the Department of State Lands may adopt rules for the authorization
of wave energy facilities or devices.
     (2) Unless exempted under rules adopted by
the director under this section, an owner or operator of a facility or device
sited within OregonÂ’s territorial sea, as defined in ORS 196.405, that converts
the kinetic energy of waves into electricity shall maintain cost estimates of
the amount of financial assurance that is necessary, and demonstrate evidence
of financial assurance, for:
     (a) The costs of closure and post-closure
maintenance, excluding the removal of anchors that lie beneath submerged lands
in OregonÂ’s territorial sea, of the facility or device; and
     (b) Any corrective action required to be
taken at the site of the facility or device.
     (3) The financial assurance requirements
established by subsection (2) of this section may be satisfied by any one or a
combination of the following:
     (a) Insurance;
     (b) Establishment of a trust fund;
     (c) A surety bond;
     (d) A letter of credit;
     (e) Qualification as a self-insurer; or
     (f) Any other method set forth in rules
adopted by the director.
     (4) In adopting rules to implement the
provisions of this section, the director may specify policy or other
contractual terms, conditions or defenses necessary to establish evidence of
financial assurance.
     (5)(a) The owner or operator of a facility
or device described in subsection (2) of this section must provide the evidence
of financial assurance required under this section for closure, post-closure
maintenance and corrective action at the time operation of the facility or
device is authorized.
     (b) By January 31 of each subsequent
calendar year, the owner or operator of the facility or device must update the
information required under this subsection with the Department of State Lands.
     (6) When financial assurance is required
for corrective action at the site of a facility or device described in
subsection (2) of this section, the owner or operator shall provide evidence of
financial assurance before beginning corrective action.
     (7) An owner or operator required to
provide financial assurance under this section shall establish provisions
satisfactory to the director for disposing of any excess moneys received or
interest earned on moneys received for financial assurance. [2007 c.591 §3]
     Note: Section 4, chapter 591, Oregon Laws 2007,
provides:
     Sec.
4. Section 3 of this 2007
Act [274.867] applies to all applications for authorization to operate a wave
energy facility or device issued on or after July 1, 2007. [2007 c.591 §4]
(Kelp Fields)
     274.885
Lease of kelp fields. (1)
The Department of State Lands may lease submerged lands owned by the State of
     (2) The lease may be for a term of not to
exceed 50 years and shall provide for the payment to the State of Oregon of a
sum to be fixed by the department for all kelp or other seaweed harvested under
the lease, to be paid at the end of each year. Not more than 40 miles of coast
line shall be leased to one person. [Formerly 274.010; 1967 c.421 §172; 1993
c.298 §1]
     274.890
Time allowed lessee for survey and erection of plant; filing copy of survey
with department. The first
lease issued to an applicant under ORS 274.885 to 274.895 with respect to any
submerged lands may allow the applicant six months in which to make a practical
survey of the field which the applicant has leased, and another 12 months in
which to erect a plant and commence operation. The lessee shall, within six
months of the time of obtaining the lease, make or cause to be made a practical
survey showing the amount and condition of kelp within the territory described
in the lease, and shall file a copy of the survey with the Director of the
Department of State Lands within six months. Upon the failure of the lessee so
to do, the lease shall be canceled by the Department of State Lands. [Formerly
274.020; 1967 c.421 §173]
     274.895
Removing kelp without lease.
Except in the case of a person harvesting or removing less than 2,000 pounds of
kelp each year for the purposes of human consumption, no person shall harvest
or remove any kelp or other seaweed from any submerged lands owned by the State
of
SUBMERSIBLE,
SUBMERGED AND NEW LANDS
     274.905
Definitions for ORS 274.905 to 274.940. As used in ORS 274.905 to 274.940, unless the context requires
otherwise:
     (1) “New lands” means those lands
protruding above the line of ordinary high water, whether or not connected with
the adjoining or opposite upland or riparian lands on the same side of the body
of water, which have been created upon submersible or submerged lands by
artificial fill or deposit. “New lands” does not include bridges, wharves and
similar structures constructed upon submersible or submerged lands by other
than artificial fill or deposit.
     (2) “Public body” means the State of
     274.910
Application and effect. (1)
ORS 274.905 to 274.940 shall not apply to submersible, submerged or new lands
fronting upon the
     (2) The provisions of ORS 274.905 to
274.940 apply to new lands created before, on or after May 28, 1963.
     (3) Nothing contained in ORS 274.905 to 274.940
shall divest the State of
     274.915
Lease or disposal of new lands; method. (1) Except as otherwise provided in ORS 274.905 to 274.940, the
Department of State Lands may sell, lease or trade submersible or submerged
lands owned by the state in the same manner as provided for submersible lands
in this chapter or ORS chapter 273.
     (2) Except as otherwise provided in ORS
274.905 to 274.940, the department may sell, lease or trade new lands created
upon submersible or submerged lands owned by the state in the same manner as
provided for lands acquired as an investment for the Common School Fund in ORS
274.085 or ORS chapter 273. [1963 c.376 §3; 1967 c.421 §177; 1969 c.594 §47;
1973 c.203 §3; 1989 c.64 §1]
     274.920
Creation of new lands upon submersible or submerged lands. No one other than the United States, while
engaged in the promotion of navigation, shall artificially create new lands by
fill or deposit upon submersible or submerged lands without the approval of the
owner of such lands and the owner of the adjoining or opposite upland on the
same side of the body of water. [1963 c.376 §4; 1973 c.203 §7]
     274.925
Right of public riparian owner to purchase new lands; price determination. (1) Whenever the United States, while
engaged in the promotion of navigation, creates new lands upon submersible or
submerged lands owned by the state and the adjoining or opposite upland or
riparian land on the same side of the body of water is owned by a public body,
the public body has the right to purchase the new lands as provided in this
section. The public body shall pay to the Department of State Lands for the new
lands a sum equal to the difference between the value of the tract, consisting
of the new lands and the adjoining or opposite upland on the same side of the
body of water, and the value of the adjoining or opposite upland before the
creation of the new lands and an amount prescribed by the department to pay its
administrative costs incurred with respect to the new lands. Such payment shall
be made by the public body within one year after the date of the receipt by it
of actual notice by the department of the creation of the new lands, the sum
equal to the difference between the value of the tract, consisting of the new
lands and the adjoining or opposite upland on the same side of the body of
water, and the value of the adjoining or opposite upland before the creation of
the new lands and the administrative costs incurred by the department with
respect to new lands. If the public body fails to make payment for the new
lands as provided in this subsection within one year after the date of such
notice, the department may dispose of the new lands as provided in ORS 274.915.
     (2) If a public body and the department
cannot agree on the sum to be paid under subsection (1) of this section, the
sum to be paid shall be determined by three appraisers, one appointed by the
public body, one by the department, and the third by the first two, and their
determination shall be final. The cost of the third appraiser shall be borne
equally by the public body and the department. [1963 c.376 §5; 1965 c.375 §4;
1967 c.82 §1; 1973 c.203 §4]
     274.929
Right of nonpublic riparian owner to purchase certain new lands; price
determination. (1) Whenever
the United States, while engaged in the promotion of navigation, creates new
lands upon submersible or submerged lands owned by the state and the adjoining
or opposite upland or riparian land on the same side of the body of water is
owned by other than a public body, the nonpublic riparian owner has the right
to purchase the new lands as provided in this section.
     (2) A nonpublic riparian owner entitled to
purchase the new lands under subsection (1) of this section shall pay to the
Department of State Lands for the new lands a sum equal to the difference
between the value of the tract, consisting of the new lands and the adjoining
or opposite upland on the same side of the body of water, and the value of the
adjoining or opposite upland before the creation of the new lands and an amount
prescribed by the department to pay its administrative costs incurred with
respect to the new lands. Such payment shall be made by the nonpublic riparian
owner within six months after the date of the receipt by the nonpublic riparian
owner of actual official notice by the department of the creation of the new
lands, the sum equal to the difference between the value of the tract,
consisting of the new lands and the adjoining or opposite upland on the same
side of the body of water, and the value of the adjoining or opposite upland
before the creation of the new lands and administrative costs incurred by the
department with respect to the new lands. If the nonpublic riparian owner fails
to make payment for the new lands as provided in this subsection, the
department, after the expiration of the six-month period, may dispose of the
new lands as provided in ORS 274.915.
     (3) If a nonpublic riparian owner and the
department cannot agree on the sum to be paid under subsection (2) of this
section, the sum to be paid shall be determined by three appraisers, one
appointed by the nonpublic riparian owner, one by the department, and the third
by the first two, and their determination shall be final. The cost of the third
appraiser shall be borne equally by the nonpublic riparian owner and the
department.
     (4) Notwithstanding ORS 274.910 (2), this
section applies only to new lands created on or after October 5, 1973. [1973
c.203 §2]
     274.930 [1963 c.376 §6; 1965 c.375 §5; repealed by
1973 c.203 §11]
     274.932
Right of public body to purchase new lands created by it; price determination. (1) Whenever a public body, in accordance
with ORS 274.920, creates new lands upon submersible or submerged lands owned
by the state, the public body has the right to purchase the new lands as
provided in this section. The public body shall pay to the Department of State
Lands for the new lands the value of the state-owned submersible or submerged
lands upon which the new lands were created immediately prior to the creation
of the new lands thereon and an amount prescribed by the department to pay its
administrative costs incurred with respect to the new lands. Such payment shall
be made by the public body within one year after the date of the receipt by it
of actual notice by the department of the creation of the new lands, the value
of the state-owned submersible or submerged lands upon which the new lands were
created and the administrative costs incurred by the department with respect to
the new lands. If the public body fails to make payment for the new lands as
provided in this subsection within one year after the date of the notice by the
department, the department may dispose of the new lands as provided in ORS
274.915.
     (2) If a public body and the department
cannot agree on the value of the state-owned submersible or submerged lands
upon which the new lands were created under subsection (1) of this section, the
value shall be determined by three appraisers, one appointed by the public
body, one appointed by the department and the third appointed by the first two.
The determination of the appraisers shall be final. The cost of the third
appraiser shall be borne equally by the public body and the department. [1973
c.203 §5]
     274.935
Ownership, by nonpublic owner of submersible or submerged lands, of new lands
created thereon. Whenever
new lands are created upon submersible or submerged lands owned by other than a
public body, such new lands shall be owned by the owner of the submersible or
submerged lands upon which the new lands are created. [1963 c.376 §8]
     274.937
Right of individual to purchase new lands created by individual; price
determination. (1) Whenever
an individual, in accordance with ORS 274.920, creates new lands upon
submersible or submerged lands owned by the state, such individual has the
right to purchase the new lands as provided in this section. The individual
shall pay to the Department of State Lands for the new lands the value of the
state-owned submersible or submerged lands upon which the new lands were
created immediately prior to the creation of the new lands thereon and a
reasonable portion of the private benefit realized from the creation of the new
lands as an addition to the adjoining or opposite upland in front of which the
new lands were created. The individual shall also pay to the department for the
new lands the administrative costs incurred by the department with respect to
the new lands. If the individual fails to make payment for the new lands as
provided in this subsection within six months after the date of the notice by
the department, the department may dispose of the new lands as provided in ORS
274.915.
     (2) If an individual and the department
cannot agree on the sum to be paid for new lands under subsection (1) of this
section, the sum to be paid shall be determined by three appraisers, one
appointed by the individual, one appointed by the department and the third
appointed by the first two. The determination of the appraisers shall be final.
The cost of the third appraiser shall be borne equally by the individual and
the department. [1973 c.203 §6]
     274.940
Reservation of new lands.
Notwithstanding ORS 274.905, 274.915 to 274.925, 274.929, 274.932 and 274.937,
the Department of State Lands may reserve new lands from sale, transfer or
lease where upon notice and hearing it determines that the public interest
requires such lands to be preserved for recreation, conservation of fish and
wildlife or the development of navigation facilities, but in case of such
reservation the adjoining or opposite upland or riparian owner shall be allowed
reasonable access across such reserved new lands to navigable water. [1963
c.376 §7; 1967 c.421 §178; 1973 c.203 §8]
FORMERLY
SUBMERGED, SUBMERSIBLE LANDS
     274.960
Definitions for ORS 274.960 to 274.985. As used in ORS 274.960 to 274.985, unless the context requires
otherwise:
     (1) “Board” means the State Land Board.
     (2) “Submerged land” means land lying
below the line of ordinary low water of a body of water in this state.
     (3) “Submersible land” means land lying
between the line of ordinary high water and the line of ordinary low water of a
body of water in this state. [1973 c.329 §2; 2003 c.253 §24]
     274.963
Legislative findings. (1)
The Legislative Assembly finds and declares that:
     (a) Uncertainty exists as to the nature
and extent of the stateÂ’s interest in land formerly submerged or submersible
lands within the bed and banks of navigable bodies of water in this state.
     (b) Such uncertainty causes conflicts in
the use and ownership of such land, endangers the rights and titles of
landowners and restricts the development of the economic, scenic and
recreational potential of such lands.
     (c) Although the State Land Board and the
Department of State Lands are authorized by law to negotiate settlements with
respect to the ownership of such lands, action by the State of Oregon to
determine and assert its interests, if any, in such lands is necessary for a
prompt and orderly resolution of such uncertainty.
     (2) The Legislative Assembly finds
therefore, that it is in the public interest to direct the State Land Board and
the Department of State Lands to continue the study of the Willamette River and
to conduct studies of the lands formerly submerged or submersible within other
navigable bodies of water in this state and, at the conclusion of each such
study, to resolve conflicting ownership claims between the state and private
owners by asserting interests remaining or vested in the state in such lands. [1973
c.329 §1]
     274.965
Determination of state interest; designation of areas; study deadlines. (1) The
     (2) In directing a determination by the
department under subsection (1) of this section, the board may designate a
specifically described area of land within which the department shall make its
determination.
     (3) The board and the department shall
conclude their study of lands formerly submerged or submersible within the
     (4) The board and the department shall
carry out their duties under ORS 274.960 to 274.985 with respect to lands
formerly submerged or submersible within navigable bodies of water in this
state, other than the
     274.967
Department studies; report, submission to board; hearings. (1) At the direction of the State Land Board
pursuant to ORS 274.965, the Department of State Lands shall conduct a study to
determine:
     (a) The location of any land that was
formerly submerged or submersible within the bed and banks of a navigable body
of water.
     (b) Nature and extent of the interest, if
any, that remains or is vested in the State of
     (2) Upon completion of its study of land
required by the board pursuant to ORS 274.965, the department shall prepare a
report of its findings under subsection (1) of this section with respect to
such land. The department shall submit the report to the board.
     (3) The department shall hold such public
informational hearing or hearings as the board may direct, with appropriate
notice to affected property owners. [1973 c.329 §§4,5; 1977 c.757 §2]
     274.970
Board review; referral to department for further study; adoption. (1) Upon receipt by the State Land Board of
a report submitted by the Department of State Lands, the board shall review the
report of the department.
     (2) If the board finds that the report is incomplete
in any respect, it may refer the report back to the department for further
study. In case of such referral the board may request additional information
and may request modification of the departmentÂ’s report.
     (3) If a report is referred back to the
department pursuant to subsection (2) of this section, the department shall
compile the additional information, if any, that was requested and shall revise
the report in compliance with the directions, if any, of the board.
     (4) The board shall adopt a report of the
department submitted pursuant to ORS 274.967 (2), if it finds the report to be
complete and accurate. [1973 c.329 §6]
     274.973 [1973 c.329 §7; repealed by 1977 c.757 §3]
     274.975
Board declaration of state interest; effect. (1) Upon the conclusion of each public hearing held under ORS 274.967
(3) and the modification, if any, of the report upon which such hearing was
held, the State Land Board shall declare the nature and extent of any interest
that remains or is vested in the State of
     (2) Except as it may be modified upon
review pursuant to ORS 274.985, a declaration made by the board pursuant to
subsection (1) of this section shall be binding upon the State of Oregon with
respect to interest of the State of Oregon in the land described in the
declaration. [1973 c.329 §8; 1983 c.740 §71]
     274.977
Notification of declaration to public, landowners. Immediately following a declaration made by
the State Land Board pursuant to ORS 274.975, the board shall:
     (1) Cause notice of the declaration to be
published once each week for four successive weeks in each county that has
within its boundaries land described in such declaration:
     (a) Describing such land. Such notice need
not describe the land in legal terms, but by the use of common descriptions or
maps shall be designed to identify the lands in a manner intelligible to the
layperson;
     (b) Stating that a copy of the declaration
has been recorded in the deed records of the county; and
     (c) Advising that any person aggrieved by
the declaration may seek judicial review of the declaration pursuant to ORS
274.985.
     (2) Send to each owner of record of land
described in the declaration a copy of the declaration made with respect to the
land and a statement advising such owner that the owner may seek judicial
review of such declaration pursuant to ORS 274.985. [1973 c.329 §9]
     274.980
Delivery of copy of declaration to affected counties; recording required. (1) The
     (2) Upon receipt of the copy of a
declaration submitted to the recording officer under subsection (1) of this
section, the recording officer of the county shall record the declaration in
the permanent deed records of the county. [1973 c.329 §11; 1999 c.803 §6]
     274.983
Forwarding original declarations and administrative records to director;
disposition; use of certified copy as evidence. (1) The
     (2) The director shall maintain each
declaration in the permanent deed records of the State of
     (3) A copy of a declaration or any part of
the administrative record upon which the declaration is based, that is in the
custody of the department pursuant to subsections (1) and (2) of this section,
and that is certified by the director as a true and correct copy of the
original thereof, shall be received into evidence by any court of this state
with like force and effect as the original. [1973 c.329 §§10,13]
     274.985
Judicial review of declarations. Any person who is aggrieved by a declaration of the State Land Board
made pursuant to ORS 274.975 may seek judicial review of such declaration in
the manner provided in ORS chapter 183 for judicial review of final orders in
contested cases. [1973 c.329 §12]
PENALTIES
     274.990
Criminal penalties.
Violation of ORS 274.745 or 274.895, or any rule promulgated under such
sections, is a misdemeanor. [Amended by 1967 c.421 §179; part renumbered
390.990; 1969 c.594 §48]
     274.992
Civil penalty for violation of ORS 274.040. (1) Any person who violates any provision of ORS 274.040 or any rule,
order or lease adopted or issued under ORS 274.040 shall be subject to a civil
penalty in an amount to be determined by the Director of the Department of
State Lands of not more than $1,000 per day of violation.
     (2) Civil penalties under this section
shall be imposed in the manner provided in ORS 183.745.
     (3) The provisions of this section are in
addition to and not in lieu of any other penalty or sanction provided by law.
     (4) Any civil penalty recovered under this
section shall be deposited in the Common School Fund for use by the Department
of State Lands in administration of ORS 274.040 and as otherwise required by
law. [1991 c.521 §4; 1991 c.734 §113]
     274.994
Amount of civil penalty for violation of ORS 274.040; rules; considerations in
imposing penalty. (1) The
Director of the Department of State Lands shall adopt by rule the amount of
civil penalty that may be imposed for a particular violation of ORS 274.040.
     (2) In imposing a penalty under the
schedule adopted under subsection (1) of this section, the director shall
consider the following factors:
     (a) The past history of the person
incurring a penalty in taking all feasible steps or procedures necessary or
appropriate to correct any violation.
     (b) Any prior violations of statutes, rules,
orders and leases pertaining to submerged and submersible lands.
     (c) The impact of the violation on public
interests in fishery, navigation and recreation.
     (d) Any other factors determined by the
director to be relevant and consistent with the policy of ORS 274.040.
     (3) The penalty imposed under this section
may be remitted or mitigated upon such terms and conditions as the director
determines to be proper and consistent with the policy of ORS 274.040. Upon the
request of the person incurring the penalty, the director shall consider
evidence of the economic and financial condition of the person in determining
whether a penalty shall be remitted or mitigated. [1991 c.521 §5]
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