Chapter 274 — Chapter 274

ORS 274.005 Definitions. As used in this chapter, unless the context requires otherwise

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ORS 274.010 [Amended by 1961 c.619 §41; renumbered 274.885]

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ORS 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]

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ORS 274.020 [Renumbered 274.890]

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ORS 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 Oregon is the owner of the submersible and submerged lands of such streams and lakes, and may use and dispose of the same as provided by law

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ORS 274.029 [1973 c.496 §1; 1977 c.471 §1; 1981 c.219 §1; repealed by 1983 c.566 §1]

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ORS 274.030 [Amended by 1961 c.619 §42; renumbered 274.895]

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ORS 274.031 [Formerly 274.034; 1981 c.219 §2; repealed by 1983 c.566 §1]

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ORS 274.032 [1977 c.471 §2; repealed by 1983 c.566 §1]

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ORS 274.034 [1973 c.496 §2; 1977 c.637 §1; renumbered 274.031]

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ORS 274.035 [Formerly 274.570; repealed by 1969 c.594 §63]

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ORS 274.036 Status of channel of Willamette River; approval of dam; state maintenance of river location. The Willamette River at mile 176.5 has been returned to its pre-1971 channel. The Legislative Assembly finds that in the interests of the state’s ownership in the bed of the Willamette River and protecting the public rights of navigation, fisheries, recreation and wildlife habitat, the river at that point should be allowed to remain at its present location. The Legislative Assembly further finds that the construction of the dike at river mile 176.5 which returned the river to its pre-1971 channel is hereby approved as being in accordance with the intent and purposes of ORS 780.010. Nothing in this section is intended to imply a continuing obligation by the state to maintain the river in any location or waive the requirements of ORS 196.600 to 196.921. [1975 c.412 §2]

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ORS 274.040 Sale or lease of submersible lands; easements; occupation of submerged and submersible lands for water works. (1) Except as provided in ORS 274.043, in ORS 273.117 for leases of submersible lands acquired as an investment for the Common School Fund, in ORS 274.530 (1) for leases of submersible lands of less than one year’s duration, in ORS 274.530 (3) for licenses of less than three years’ duration, in ORS 274.873 for proprietary authorizations within Oregon’s territorial sea as defined in ORS 196.405 and in subsections (2) and (3) of this section, submersible lands owned by the State of Oregon may be leased only to the highest bidder, bidding at least the minimum amount designated by the Department of State Lands under subsection (6) of this section for the lease of any such lands, 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, any owner of lands abutting or fronting on such submersible lands shall have the preference right to lease the lands unless the submersible lands are occupied by a person claiming the right of occupancy under a conveyance recorded before January 1, 1981, from the present owner or predecessor in interest of lands abutting or fronting the submersible lands. If so, the occupant of the submersible lands shall have the preference right to lease the lands. An easement or license related to utility service on the submersible lands does not establish a preference right under this subsection. The lands shall be leased for the amount designated by the department under subsection (6) of this section as the minimum amount for the lease of any such lands. The preferences provided in this subsection apply to any lease of submersible land for one year or more offered or issued under ORS 274.530. The preferences provided in this subsection do not apply to any lease offered or issued by the department under ORS 274.705 to 274.860. The preference for the owner of lands provided in this subsection does not apply to the renewal of an existing lease where the lessee is in compliance with all the terms and conditions of the lease

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ORS 274.042 [1979 c.793 §2; repealed by 1991 c.521 §1 (274.043 (1) to (3) enacted in lieu of 274.042)]

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ORS 274.043 Exemptions from leasing requirements; rules; registration; use without charge; use with charge; indemnification. (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

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ORS 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]

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ORS 274.050 [Renumbered 273.900]

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ORS 274.060 Regulation of harbor improvements; oyster beds; public easement in submerged and 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

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ORS 274.064 Portland Harbor Cleanup Fund. (1) The Portland Harbor Cleanup Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Portland Harbor Cleanup Fund must be credited to the fund. The Portland Harbor Cleanup Fund consists of all moneys credited to the fund and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund

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ORS 274.065 [1965 c.368 §1; 1967 c.421 §114; renumbered 390.710]

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ORS 274.070 [Amended by 1965 c.368 §2; 1967 c.421 §115; renumbered 390.720]

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ORS 274.075 [1961 c.36 §§1,2,3,4; 1967 c.421 §116; 1969 c.594 §34; repealed by 1969 c.601 §30]

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ORS 274.080 [Amended by 1955 c.257 §1; 1965 c.368 §3; 1967 c.421 §117; repealed by 1969 c.601 §30]

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ORS 274.085 [1979 c.546 §1; 1981 c.158 §2; renumbered 273.117 in 2021]

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ORS 274.090 [Amended by 1959 c.237 §1; 1965 c.368 §4; 1967 c.421 §118; renumbered 390.730]

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ORS 274.100 [Amended by 1965 c.368 §5; 1967 c.421 §119; renumbered 390.740]

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ORS 274.110 [Amended by 1967 c.421 §120; renumbered 390.750]

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ORS 274.120 [Renumbered 273.902]

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ORS 274.130 [Renumbered 273.903]

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ORS 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]

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ORS 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 Oregon may enter into contracts for

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 274.270 [Repealed by 1967 c.421 §206]

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ORS 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]

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ORS 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]

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ORS 274.300 [Amended by 1967 c.421 §22; renumbered 273.111]

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ORS 274.310 [Amended by 1967 c.421 §129; 1969 c.594 §14; repealed by 2005 c.755 §59]

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ORS 274.355 [1961 c.479 §1; 1967 c.421 §109; repealed by 1967 c.567 §14]

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ORS 274.360 [1961 c.479 §§2,3; 1967 c.421 §110; repealed by 1967 c.567 §14]

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ORS 274.365 [1961 c.479 §§4,6; 1967 c.421 §111; repealed by 1967 c.567 §14]

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ORS 274.366 Oregon Abandoned and Derelict Vessel Program; rules. (1) As used in this section

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ORS 274.370 [1961 c.479 §5; 1967 c.421 §112; repealed by 1967 c.567 §14]

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ORS 274.371 Oregon Abandoned and Derelict Vessel Fund. (1) The Oregon Abandoned and Derelict Vessel Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Abandoned and Derelict Vessel Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of State Lands for the purpose of carrying out the provisions of the Oregon Abandoned and Derelict Vessel Program

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ORS 274.375 [1961 c.479 §7; 1967 c.421 §113; repealed by 1967 c.567 §14]

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ORS 274.376 Definitions for ORS 274.376 to 274.388. As used in ORS 274.376 to 274.388

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ORS 274.379 Authority to seize abandoned structure or derelict structure; notice. (1) The Department of State Lands is authorized to seize a structure on, under or over state-owned submerged or submersible lands if

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