There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 10, Chapters 366 - 430
ORS Chapter 390
- 390.005 Definitions.
- 390.010 Policy of state toward outdoor recreation resources.
- 390.050 Park and recreation violations; enforcement.
- 390.060 Definitions for ORS 390.060 to 390.067.
- Note: 390.060 to 390.067 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 390.063 Lottery bonds for state park projects.
- Note: See note under 390.060.
- 390.065 Findings; use of Oregon State Lottery proceeds.
- Note: See note under 390.060.
- 390.067 Request for issuance of state park lottery bonds; Oregon Parks for the Future Fund; uses of fund.
- Note: See note under 390.060.
- 390.070 [1997 c.800 5; repealed by 1999 c.44 29]
- 390.073 [1997 c.800 6; repealed by 1999 c.44 29]
- 390.075 [1997 c.800 7; repealed by 1999 c.44 29]
- 390.077 [1997 c.800 8; repealed by 1999 c.44 29]
- 390.080 [1997 c.800 8a; repealed by 1999 c.44 29]
- 390.110 [Formerly 366.345; repealed by 1989 c.904 48] STATE PARKS AND RECREATION DEPARTMENT (Generally)
- 390.111 Creation of department; jurisdiction and authority.
- 390.112 Additional criteria for acquiring and developing new historic sites, parks and recreation areas.
- 390.114 State Parks and Recreation Commission.
- 390.117 Commission officers; meetings; function; delegation of authority.
- 390.120 [Formerly 366.175; 1979 c.186 17; repealed by 1989 c.904 48]
- 390.121 Powers of commission.
- Note: Legislative Counsel has substituted chapter 904, Oregon Laws 1989, for the words this 1989 Act in section 9, chapter 904, Oregon Laws 1989, compiled as 390.121. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1989 Comparative Section Table located in Volume 20 of ORS.
- 390.122 Requirements for establishing priorities for acquisition.
- 390.124 Commission rulemaking authority; charges for use of parks and other areas; exceptions.
- 390.127 State Parks and Recreation Director; appointment; compensation.
- 390.130 [Formerly 366.180; 1979 c.186 18; repealed by 1989 c.904 48]
- 390.131 Duties of director.
- 390.134 State Parks and Recreation Department Fund; sources; uses; advisory committee; rules; subaccounts.
- Note: The amendments to 390.134 by section 2, chapter 792, Oregon Laws 2007, become operative July 1, 2015. See section 3, chapter 792, Oregon Laws 2007. The text that is operative on and after July 1, 2015, including amendments by section 47, chapter 11, Oregon Laws 2009, and section 5, chapter 643, Oregon Laws 2011, is set forth for the user s convenience.
- 390.134. (1) As used in this section: (a) Camper has the meaning given that term in ORS 801.180. (b) County includes a metropolitan service district organized under ORS chapter 268, but only to the extent that the district has acquired, through title transfer, and is operating a park or recreation site of a county pursuant to an intergovernmental agreement. (c) Motor home has the meaning given that term in ORS 801.350. (d) Travel trailer has the meaning given that term in ORS 801.565. (2) The State Parks and Recreation Department Fund is established separate and distinct from the General Fund. Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for the purposes provided by law. The fund shall consist of the following: (a) All moneys placed in the fund as provided by law. Any interest or other income derived from the depositing or other investing of the fund must be credited to the fund. (b) All registration fees received by the Department of Transportation for campers, motor homes and travel trailers that are transferred to the fund under ORS 366.512. The funds must be deposited in a separate subaccount established under subsection (3) of this section. (c) Revenue from fees and charges pursuant to ORS 390.124. (3) Any moneys placed in the fund for a particular purpose may be placed in a separate subaccount within the fund. Each separate subaccount established under this subsection must be separately accounted for. Moneys placed in a subaccount must be used for the purposes for which they are deposited. (4) All of the moneys in the fund except those moneys described in subsection (3), (5), (6), (7), (8) or (9) of this section must be deposited in a separate subaccount within the fund and used by the State Parks and Recreation Department for the acquisition, development, maintenance, care and use of park and recreation sites and for the maintenance and operation of the Oregon State Fair. The moneys in the subaccount under this subsection must be accounted for separately and stated separately in the State Parks and Recreation Department s biennial budget. (5)(a) Thirty percent of the amount transferred to the State Parks and Recreation Department under ORS 366.512 from the registration of travel trailers, campers and motor homes and under ORS 803.601 from recreational vehicle trip permits must be deposited in a separate subaccount within the fund to be distributed for the acquisition, development, maintenance, care and use of county park and recreation sites. The moneys in the subaccount under this paragraph must be accounted for separately. The following apply to the distribution of moneys under this paragraph: (A) The moneys must be distributed among the several counties for the purposes described in this paragraph. The distribution shall be made at times determined by the State Parks and Recreation Department but must be made not less than once a year. (B) The sums designated under this paragraph must be remitted to the county treasurers of the several counties by warrant. (b) The department shall establish an advisory committee to advise the department in the performance of its duties under this subsection. The composition of the advisory committee under this subsection is as determined by the department by rule. In determining the composition of the advisory committee, the department shall attempt to provide reasonable representation for county officials or employees with responsibilities relating to county parks and recreation sites. (c) The department, by rule, shall establish a program to provide moneys to counties for the acquisition, development, maintenance, care and use of county park and recreation sites. The rules under this paragraph shall provide for distribution of moneys based on use and need and, as the department determines necessary, on the need for the development and maintenance of facilities to provide camping sites for campers, motor homes and travel trailers. (6) The department shall create a separate City and County Subaccount within the fund to be used to reimburse cities and counties as provided in ORS 390.290. (7) The department shall create a separate rural Fire Protection District Subaccount to be used to provide funds for the fire protection districts as provided in ORS 390.290. (8) Twelve percent of the amount transferred to the State Parks and Recreation Department Fund from the Parks Subaccount shall be used only to carry out the purposes and achievements described in ORS 390.135 (2) and (3) through the awarding of grants to regional or local government entities to acquire property for public parks, natural areas or outdoor recreation areas or to develop or improve public parks, natural areas or outdoor recreation areas. Moneys described in this subsection may not be used to pay the cost of administering grants or the cost of any Secretary of State audit required under section 4c, Article XV of the Oregon Constitution. (9) If the amount transferred to the State Parks and Recreation Department Fund from the Parks Subaccount during a biennium is more than 150 percent of the amount that was transferred during the 2009-2011 biennium, the State Treasurer shall, during the next following biennium, deposit for use as described in subsection (8) of this section the amount required under subsection (8) of this section plus an amount equal to the difference between the amount deposited for use as described in subsection (8) of this section during the preceding biennium and 25 percent of the moneys transferred to the State Parks and Recreation Department Fund from the Parks Subaccount during the preceding biennium. (10) Subsections (8) and (9) of this section apply only for biennia in which the Legislative Assembly does not require a greater percentage of the amount transferred to the State Parks and Recreation Department Fund from the Parks Subaccount to be used for the purposes described in subsection (8) of this section. The Legislative Assembly may not authorize the percentage of the amount transferred to the State Parks and Recreation Department Fund from the Parks Subaccount that is deposited for use as described in subsection (8) of this section in a biennium to be less than the percentage required to be deposited under subsections (8) and (9) of this section. (11) On or before January 15 of each odd-numbered year, the State Parks and Recreation Director shall report to the Joint Committee on Ways and Means created by ORS 171.555 on the use of moneys deposited pursuant to ORS 805.256 in the fund. Notwithstanding ORS 192.230 to 192.250, the director shall make the report in a form and manner as the committee may prescribe. (12) On or before January 15 of each odd-numbered year, the director shall submit a report to the Joint Committee on Ways and Means created by ORS 171.555 that describes the measurable biennial and cumulative results of activities and programs financed by moneys transferred to the State Parks and Recreation Department Fund from the Parks Subaccount. Notwithstanding ORS 192.230 to 192.250, the director shall make the report in a form and manner as the committee may prescribe.
- 390.135 Parks Subaccount; sources; uses.
- 390.137 State Parks and Recreation Department Operating Fund.
- 390.139 Oregon Adopt-a-Park Program; funding; rules; agreement with volunteers.
- 390.140 Powers and duties of State Parks and Recreation Director.
- 390.143 Agreements to provide interpretive services to recreational facilities; authority under agreement; disposition of moneys.
- 390.144 Rules for ORS 390.143.
- 390.150 Gifts and grants for State Parks and Recreation Department.
- 390.153 Parks Donation Trust Fund; sources; uses.
- 390.155 Authority for State Parks and Recreation Department to accept gifts or donations.
- 390.160 [Formerly 366.350; 1977 c.556 1; 1979 c.134 2; 1979 c.186 20; 1987 c.358 1; 1989 c.550 4; repealed by 1989 c.904 48]
- 390.170 [Formerly 366.545; repealed by 1975 c.184 1]
- 390.180 Standards for recreational planning and fund disbursement; rules; park master plans.
- 390.190 Revolving fund.
- 390.195 Use of state correctional institution inmate labor for maintenance and improvement at state parks.
- Note: 390.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 390.200 Authority of department to require fingerprints.
- Note: 390.200 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 390.210 [Formerly 366.355; 1971 c.741 37; 1987 c.158 68; repealed by 1989 c.904 48]
- 390.215 [1979 c.792 2; 1987 c.158 69; repealed by 1989 c.904 48]
- 390.220 [Formerly 358.520; repealed by 1989 c.904 48]
- 390.230 Fort Stevens Military Reservation; Clatsop Spit.
- 390.231 Development of Crissey Field as state park.
- Note: 390.231 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 390.232 Tax on government camping and recreational vehicle spaces.
- Note: 390.232 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Archaeological Sites and Historical Material)
- 390.235 Permits and conditions for excavation or removal of archaeological or historical material; rules; criminal penalty.
- 390.237 Removal without permit; exceptions.
- 390.240 Mediation and arbitration of disputes; rules.
- 390.245 Commemorative coins authorized; sale; use of proceeds.
- 390.247 Design; contracted services.
- 390.250 Development of recreational use of lands by Jackson County; application for state funds.
- 390.255 Use of funds to acquire land interests; conditions of grants.
- 390.260 Application to Willamette River Greenway; restriction on condemnation to acquire lands.
- 390.270 Definitions for ORS 390.270 to 390.290.
- 390.275 Purpose of ORS 390.270 to 390.290.
- 390.280 Duties of State Parks and Recreation Department; grants for lifesaving services; minimum standards; rules.
- 390.285 Application by local governing body for reimbursement; report of activities required.
- 390.290 Schedule for reimbursement of local governing bodies.
- 390.295 Jurisdiction of State Forestry Department and State Parks and Recreation Department.
- Note: 390.295 and 390.300 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 390.300 Tillamook Forest Recreation Trust Account; sources; uses.
- Note: See note under 390.295. WILLAMETTE RIVER GREENWAY (Generally)
- 390.310 Definitions for ORS 390.310 to 390.368.
- 390.314 Legislative findings and policy.
- 390.318 Preparation of development and management plan; content of plan.
- 390.320 [1967 c.551 2; 1973 c.87 1; repealed by 1973 c.558 17]
- 390.322 Submission of plan to Land Conservation and Development Commission; revision, approval and distribution of plan.
- 390.330 Grants for acquisition of lands by local government units; acquisition of water rights or use of condemnation powers limited.
- 390.332 Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation.
- 390.334 Acquisition of scenic easements in lands subject to development plan; farmlands not to be acquired by condemnation; nature of easement; acquisition of other interests.
- 390.338 Limitations on use of condemnation power; acquisition of certain farmlands; disposition of acquired lands; compensation for acquired lands.
- 390.340 Department rules.
- 390.350 Intergovernmental agreements; use of gifts and grants.
- 390.360 Title to, and use and disposition of, lands acquired by local governmental units.
- 390.364 Taxation of lands subject to scenic easements.
- 390.368 Authority to contract landscaping and repair of damage to lands subject to scenic easement.
- 390.410 [Formerly 358.610; repealed by 1987 c.14 12]
- 390.415 [1977 c.482 2; repealed by 1987 c.14 12]
- 390.420 [Formerly 358.615; 1969 c.314 31; 1977 c.482 4; repealed by 1987 c.14 12]
- 390.430 [Formerly 358.620; 1977 c.482 5; repealed by 1987 c.14 12]
- 390.440 [Formerly 358.625; repealed by 1977 c.482 6]
- 390.450 [Formerly 358.630; repealed by 1987 c.14 12]
- 390.460 [1977 c.482 3; repealed by 1987 c.14 12]
- 390.500 [1987 c.14 1; renumbered 196.150 in 1989]
- 390.505 [1987 c.14 2; renumbered 196.155 in 1989]
- 390.510 [1987 c.14 3,4; 1989 c.171 47; renumbered 196.160 in 1989]
- 390.515 [1987 c.14 5; renumbered in 196.165 in 1989] ALL-TERRAIN VEHICLES
- 390.550 Definitions.
- 390.555 All-Terrain Vehicle Account; sources.
- 390.560 Uses of All-Terrain Vehicle Account.
- 390.565 All-Terrain Vehicle Advisory Committee; appointment; term; duties.
- 390.570 Class I all-terrain vehicle operator permits; issuance; safety education courses; rules; fee.
- 390.575 Class III all-terrain vehicle operator permits; issuance; safety education courses; rules; fee.
- 390.577 Class IV all-terrain vehicle operator permit; rules; fees.
- Note: 390.577 becomes operative July 1, 2012. See section 6c, chapter 360, Oregon Laws 2011.
- 390.580 All-terrain vehicle operating permit; rules; application; fees; renewal.
- 390.585 Rules.
- 390.590 Out-of-state all-terrain vehicle permit; qualifications; duration; application; fee.
- 390.605 Definitions.
- 390.610 Policy.
- 390.615 Ownership of Pacific shore; declaration as state recreation area.
- 390.620 Pacific shore not to be alienated; judicial confirmation.
- 390.630 Acquisition along ocean shore for state recreation areas or access.
- 390.632 Public access to coastal shorelands.
- 390.635 Jurisdiction of department over recreation areas.
- 390.640 Permit required for improvements on ocean shore; exceptions.
- 390.650 Improvement permit procedure; fee; waiver or reduction.
- 390.655 Standards for improvement permits.
- 390.658 [1969 c.601 12; 1979 c.186 23; repealed by 1999 c.373 5 (390.659 enacted in lieu of 390.658)]
- 390.659 Hearing before director regarding department action on improvement permit; appeal of director s order; suspension of permit during appeal.
- 390.660 Regulation of use of lands adjoining ocean shores; rules.
- 390.661 Improvement without permit or contrary to permit conditions as public nuisance.
- 390.663 Investigation of violation within ocean shore; cease and desist order; enforcement of order by state and local police.
- 390.665 [Formerly 274.100 and then 390.740; repealed by 1971 c.743 432]
- 390.666 Revocation, suspension or nonrenewal of improvement permit.
- 390.668 [Formerly 274.090 and then 390.730; renumbered 390.678 in 1999]
- 390.669 Action by state or any person to abate public nuisance; temporary restraining order or preliminary injunction; compensation to public.
- 390.670 [1967 c.601 8; 1969 c.601 13; repealed by 1971 c.780 7]
- 390.672 Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages.
- 390.674 Imposition of civil penalties.
- 390.676 Schedule of civil penalties; factors to determine amount; rules.
- 390.678 Motor vehicle and aircraft use regulated in certain zones; zone markers; proceedings to establish zones.
- 390.680 [1967 c.601 9; 1969 c.601 17; repealed by 1973 c.732 5]
- 390.685 Effect of ORS 390.605, 390.615, 390.678 and 390.685.
- 390.690 Title and rights of state unimpaired.
- 390.705 Prohibition against placing certain conduits across recreation area and against removal of natural products.
- 390.710 [Formerly 274.065; 1969 c.601 2; renumbered 390.605]
- 390.715 Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands.
- 390.720 [Formerly 274.070; renumbered 390.615]
- 390.725 Permits for removal of products along ocean shore; rules.
- 390.729 Permits for operation of all-terrain vehicles on ocean shore.
- 390.730 [Formerly 274.090; 1969 c.601 18; renumbered 390.668]
- 390.735 [1969 c.601 25; repealed by 1973 c.642 13]
- 390.740 [Formerly 274.100; renumbered 390.665]
- 390.750 [Formerly 274.110; 1969 c.601 19; renumbered 390.685] (Vegetation Line)
- 390.755 Periodic reexamination of vegetation line; department recommendations for adjustment.
- 390.760 Exceptions from vegetation line.
- 390.770 Vegetation line described.
- 390.775 [1977 c.263 1; repealed by 1983 c.338 978]
- 390.780 [1977 c.263 2; 1981 c.239 1; repealed by 1983 c.338 978]
- 390.785 [1977 c.263 3; 1979 c.819 1; repealed by 1983 c.338 978]
- 390.790 [1977 c.263 4; 1979 c.819 2; repealed by 1983 c.338 978]
- 390.792 [1979 c.819 4; 1983 c.335 1; repealed by 1983 c.338 978]
- 390.795 [1977 c.263 5; 1983 c.335 2; repealed by 1983 c.338 978] SCENIC WATERWAYS
- 390.805 Definitions for ORS 390.805 to 390.925.
- 390.815 Policy; establishment of system.
- 390.825 [1971 c.1 3; 1975 c.612 1; 1977 c.671 1; 1983 c.334 3; 1985 c.781 1,2; 1987 c.291 1; repealed by 1989 c.2 1 (390.826 enacted in lieu of 390.825)]
- 390.826 Designated scenic waterways.
- 390.827 Effect of ORS 390.826 on rights of Indian tribes.
- Note: 390.827 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 390.835 Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining.
- Note: Operation of the amendments to 390.835 by section 8, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval is set forth for the user s convenience.
- 390.835. (1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. A dam, reservoir or other water impoundment facility may not be constructed on waters within scenic waterways. A water diversion facility may not be constructed or used except by right previously established or as permitted by the Water Resources Commission, upon a finding that such diversion is necessary to uses designated in ORS 536.310 (12), and in a manner consistent with the policies set forth under ORS 390.805 to 390.925. The Water Resources Commission shall administer and enforce the provisions of this subsection. (2) Filling of the beds or removal of material from or other alteration of the beds or banks of scenic waterways for purposes other than recreational prospecting not requiring a permit shall be prohibited, except as permitted by the Director of the Department of State Lands upon a finding that such activity would be consistent with the policies set forth under ORS 390.805 to 390.925 for scenic waterways and in a manner consistent with the policies set forth under ORS 196.800 to 196.825 and 196.845 to 196.870 for removal of material from the beds and banks and filling of any waters of this state. The Director of the Department of State Lands shall administer and enforce the provisions of this subsection. (3)(a) Upon a finding of emergency circumstances, the Director of the Department of State Lands may issue a temporary permit for the removal, filling or alteration of the beds or banks within a scenic waterway. The temporary permit shall include conditions developed after consultation with the State Department of Fish and Wildlife and the State Parks and Recreation Department. (b) As used in this subsection, emergency circumstances exist if prompt action is necessary to prevent irreparable harm, injury or damage to persons or property. (4) Any person adversely affected or aggrieved by the grant or denial of a permit under subsection (2) or (3) of this section may appeal in accordance with the procedure set forth in ORS 196.835. (5) Nothing in ORS 390.805 to 390.925 affects the authority of the State Fish and Wildlife Commission to construct facilities or make improvements to facilitate the passage or propagation of fish or to exercise other responsibilities in managing fish and wildlife resources. Nothing in ORS 390.805 to 390.925 affects the authority of the Water Resources Commission to construct and maintain stream gauge stations and other facilities related to the commission s duties in administration of the water laws. (6) Upon a finding of necessity under subsection (1) of this section, the Water Resources Commission may issue a water right for human consumption not to exceed 0.005 cubic feet per second per household, or livestock consumption uses not to exceed one-tenth of one cubic foot per second per 1,000 head of livestock, as designated in ORS 536.310 (12) within or above a scenic waterway if the Water Resources Commission makes the following findings: (a) That issuing the water right does not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (b) That issuing the water right is consistent with provisions pertaining to water appropriation and water rights under ORS chapters 536 and 537 and rules adopted thereunder. (c) That construction, operation and maintenance of the diversion system will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925. (d) If the water right is for human consumption, an additional finding that: (A) The applicant cannot reasonably obtain water from any other source; (B) Denial of the water right would result in loss of reasonable expectations for use of the property; and (C) The system installed to divert water shall include monitoring equipment to permit water use measurement and reporting. (e) If the water right is for livestock consumption, an additional finding that: (A) The right is necessary to prevent the livestock from watering in or along the stream bed; (B) The applicant cannot reasonably obtain water from any other source; and (C) The applicant has excluded livestock from the stream and its adjacent riparian zone. (7) In making the findings required under subsection (6) of this section, the Water Resources Commission shall consider the existing or potential cumulative impacts of issuing the water right. (8) The Water Resources Commission may not allow human consumption and livestock uses authorized under subsection (6) of this section in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless: (a) The Water Resources Commission, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and (b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (9)(a) The provisions of this section do not apply to a water right application for the use of ground water as defined in ORS 537.515, except upon a finding by the Water Resources Director based on a preponderance of evidence that the use of ground water will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife. (b) The Water Resources Department shall review every application for the use of ground water to determine whether to make the finding specified in paragraph (a) of this subsection. The finding shall be based upon the application of generally accepted hydrogeologic methods using relevant and available field information concerning the proposed use. (c) In making the determination required by paragraph (a) of this subsection, the Water Resources Department shall consider the timing of projected impacts of the proposed use in relation to other factors, including but not limited to: Changing climate, recharge, incidental precipitation, out-of-stream appropriations and return flows. (d) If the Water Resources Director makes the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order denying the application unless: (A) Mitigation is provided in accordance with subsection (10) of this section; or (B) The applicant submits evidence to overcome the finding under paragraph (a) of this subsection. (e) Except as provided under subsection (13) of this section, if the Water Resources Director does not make the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order approving the application if the application otherwise meets the requirements of ORS 537.505 to 537.795. (f) A protest of any order issued under this subsection may be filed in the same manner as a protest on any application for a right to appropriate ground water. (g) Each water right permit and certificate for appropriation of ground water issued after July 19, 1995, for which a source of appropriation is within or above a scenic waterway shall be conditioned to allow the regulation of the use if analysis of data available after the permit or certificate is issued discloses that the appropriation will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife in effect as of the priority date of the right or as those quantities may be subsequently reduced. (h) This subsection does not limit the use of ground water for a use exempted under ORS 537.545. (10) The Water Resources Commission or Water Resources Director shall consider mitigation measures and may include mitigation measures as conditions in any water right permit or certificate to ensure the maintenance of the free-flowing character of the scenic waterway in quantities necessary for recreation, fish and wildlife. (11) The Water Resources Commission and the Water Resources Director shall carry out their responsibilities under ORS 536.220 to 536.590 with respect to the waters within scenic waterways in conformity with the provisions of this section. (12) As used in this section, measurably reduce means that the use authorized under subsection (9) of this section will individually or cumulatively reduce surface water flows within the scenic waterway in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless: (a) The Water Resources Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and (b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (13) Before authorizing an appropriation that will reduce streamflows within a scenic waterway in amounts up to but not exceeding the amounts described in subsection (12) of this section, the Water Resources Director shall find: (a) That the appropriation will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (b) That the appropriation is consistent with provisions pertaining to water appropriations and water rights under ORS chapters 536 and 537 and the rules adopted thereunder. (c) That construction, operation and maintenance of the appropriation will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925. (14) Placer mining is not permitted on waters within scenic waterways, other than recreational placer mining. (15) A person may not be required to obtain a permit for recreational prospecting or other nonmotorized recreational activity resulting in the fill, removal or other alteration of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single scenic waterway in a single year. Recreational prospecting shall not occur at any site where fish eggs are present. (16) This section does not exempt recreational placer mining on a scenic waterway, other than recreational prospecting not requiring a permit, from compliance with the provisions of ORS 196.800 to 196.825 and 196.845 to 196.870 or rules adopted pursuant to ORS 196.800 to 196.825 and 196.845 to 196.870. (17) Recreational placer mining may not: (a) Dam or divert a waterway or obstruct fish passage; (b) Include nozzling, sluicing or digging outside the wet perimeter of the stream, nor extend the wet perimeter; (c) Include movement of boulders, logs, stumps or other woody material from the wet perimeter other than movement by hand and nonmotorized equipment; (d) Involve the disturbance of rooted or embedded woody plants, including trees and shrubs, regardless of their location; (e) Include excavation from the streambank; (f) Fail to level pits, piles, furrows or potholes outside the main channel of the waterway upon leaving the site; (g) Include operation of a suction dredge without a suction dredge waste discharge permit from the Department of Environmental Quality including, but not limited to, a prohibition against dredging during periods when fish eggs could be in the dredging site gravel; (h) Be conducted on federal lands except as allowed by agencies of the federal government; (i) Impede boating; (j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within 500 feet of a campground except within a federally designated recreational mining site; or (k) Include operation of a dredge within the marked or posted swimming area of a designated campground or day use area except within a federally designated recreational mining site. (18) As used in this section: (a) Bed means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar. (b) Prospecting means to search or explore for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate. (c) Recreational placer mining includes, but is not limited to, the use of nonmotorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding four inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding factory-installed noise reduction standards. Recreational placer mining does not include recreational prospecting that does not require a permit. (d) Wet perimeter means the area of the stream that is underwater, or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.
- Note: Sections 3 and 4, chapter 499, Oregon Laws 2001, provide:
- Sec. 3.
- Sec. 4.
- Note: Sections 3 and 4, chapter 499, Oregon Laws 2001, include references to the Division of State Lands, which was renamed the Department of State Lands. See section 2, chapter 253, Oregon Laws 2003. The text of sections 3 and 4, chapter 499, Oregon Laws 2001, was not amended to reflect the name change. Editorial adjustment of sections 3 and 4, chapter 499, Oregon Laws 2001, for the name change has not been made.
- 390.845 Administration of scenic waterways and related adjacent lands; limitations on use; condemnation; rules.
- 390.848 Passes for use of parts of Deschutes River; rules; fee; exemption from fee; disposition of moneys.
- 390.851 Activities prohibited on parts of Deschutes River without pass; exceptions.
- 390.855 Designation of additional scenic waterways.
- 390.865 Authority of legislature over designation of additional scenic waterways.
- 390.875 Transfer of public lands in scenic waterways to department; administration of nontransferred lands.
- 390.885 Exchange of property within scenic waterway for property outside waterway.
- 390.895 Use of federal funds.
- 390.905 Effect of ORS 390.805 to 390.925 on other state agencies.
- 390.910 Intergovernmental cooperation; county representative on management advisory committee.
- 390.915 Determination of value of scenic easement for tax purposes; easement exempt.
- 390.925 Enforcement.
- 390.930 Definitions for ORS 390.930 to 390.940.
- 390.932 Creation of Deschutes River Scenic Waterway Recreation Area.
- 390.934 Management of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget.
- 390.936 Rules.
- 390.938 Guidelines for management and development.
- 390.940 Relationship to other laws.
- 390.950 Short title.
- 390.953 [1971 c.614 2; 1989 c.904 27; repealed by 2001 c.104 134]
- 390.956 Policy.
- 390.959 Composition of trails system; establishment of markers.
- 390.962 Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected.
- 390.965 Hearing required; information to be considered.
- 390.968 Selection of rights of way for trails.
- 390.971 Department duties and powers; rules.
- 390.974 Intergovernmental cooperation to obtain property for use in trail system.
- 390.977 Oregon Recreation Trails Advisory Council; members; appointment; terms; duties; expenses; officers; quorum; meetings.
- 390.980 Funds for purposes of ORS 390.950 to 390.989; acceptance and use of donated funds; indemnity to owners of land damaged by trail users.
- 390.983 Trail property tax assessment.
- 390.986 Injunctive relief for violation of ORS 390.950 to 390.989.
- 390.989 Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989.
- 390.990 Violations.
- 390.992 Civil penalties.
- 390.995 Criminal penalties.
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