71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3442
 
                         House Bill 3741
 
Sponsored by Representative G SMITH; Representatives KRUMMEL, P
  SMITH, Senators FERRIOLI, METSGER (at the request of Oregon
  Alliance for River Stewardship)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Gives public right to float on all surface waters that are
floatable without regard to ownership of land underlying waters.
Gives public right to use beds and banks of waters not owned by
state in emergency, for safe navigation and to fish unless
landowner has posted signs indicating otherwise.
  Requires forfeiture of sporting equipment upon conviction of
criminal trespass.
 
                        A BILL FOR AN ACT
Relating to surface waters.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) For the purposes of this section:
  (a) 'Floatable' means capable of supporting, on the surface of
the water without touching the bottom of the body of water, a
flotation craft or device used by humans.
  (b) 'Flotation craft or device' includes but is not limited to
a boat, raft, mattress or innertube, with or without a motor.
  (c) 'Lake' means a body of water whose surface waters are
retained by either natural or artificial means, substantially
impeding the natural flow of water.
  (2) All surface waters that are floatable may be used for
floating by the public without regard to the ownership of the
land underlying the waters.
  (3) The public may use beds and banks adjoining surface waters
that are floatable but that have not been judicially determined
to be owned by the State of Oregon by reason of application of
the federal navigability test for state ownership of the beds and
banks of a waterway:
  (a) In an emergency;
  (b) As incidental and necessary to safe navigation; and
  (c) To fish, unless the landowner of the beds and banks has
posted signs indicating otherwise.
  (4) Nothing in this section:
  (a) Grants any easement or right to the public to enter onto or
cross private property in order to use such waters for floating.
  (b) Affects the title or ownership of the surface waters, the
beds and banks of any navigable or nonnavigable waters or portage
routes within this state.
 
  (c) Applies to any recreational use other than floating or
fishing or the recreational use of surface waters of lakes.
  (d) Creates a duty in an owner of the beds or banks of a
waterway or the owner of land adjacent to a waterway.
  (e) Limits the ability of an owner of the beds or banks of a
waterway to grant, or of a person to gain, permission for the use
of the beds or banks or adjacent land of a waterway. + }
  SECTION 2. { +  Upon conviction of criminal trespass for
trespass occurring on beds or banks of waterways of this state
under section 1 of this 2001 Act, and in addition to the
penalties provided under ORS 164.245, 164.255 or 164.265, a
person's sporting equipment used on the day of the violation
shall be forfeited. + }
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