72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3054
 
                         House Bill 3297
 
Sponsored by Representative FLORES
 
 
                             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.
 
  Forbids State Land Board from requiring owners of existing
structures on waterways subject to navigability determination of
board to obtain permit, lease or easement to maintain structure.
 
                        A BILL FOR AN ACT
Relating to navigable waterways; amending ORS 274.406.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 274.406 is amended to read:
  274.406. (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 state'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 { + :
  (a) + } 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.
   { +  (b) Permits the board, through a declaration of the
nature or extent of the state's claim to any interest that
remains or is vested in the state, to require that owners of
existing structures located on any land or waterway described in
the report obtain a permit, lease or easement from the Division
of State Lands in order to maintain and use the existing
structures. As used in this paragraph, 'structures' includes
dams, diversions, pumps, irrigation works, docks and piers. + }
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