73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 955
 
                        Senate Bill 1014
 
Sponsored by COMMITTEE ON RULES (at the request of Coalition for
  Oregon River Rights)
 
 
                             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.
 
  Establishes public right to use certain water bodies up to
ordinary high water line for certain recreational purposes.
Specifies limits of public right. Provides that title to land
lying between ordinary high water line is unaffected. Provides
that landowner is not liable for damage to natural resources
caused by public use of water body.
  Directs State Marine Board to develop management plan governing
recreational use of water bodies. Allows modification of plan.
  Directs State Marine Director to establish Floatable Water
Bodies Advisory Committee. Specifies duties.
  Establishes program for issuance of recreational use
registrations. Directs use of registration fees by board.
Specifies that portion of fees be allocated to counties for law
enforcement.
  Punishes violation of management plan or violation of public
right by fine of up to $180.
 
                        A BILL FOR AN ACT
Relating to floatable water bodies; creating new provisions;
  amending ORS 105.672, 830.140 and 830.150; and appropriating
  money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 9 of this 2005 Act are added to
and made a part of ORS chapter 830. + }
  SECTION 2.  { + For purposes of sections 2 to 9 of this 2005
Act:
  (1) 'Barrier' means a bridge, fence, dam or any other natural
or artificial obstruction located in or over a floatable water
body that restricts or interferes with passage on or through the
floatable water body and that effectively obstructs the
recreational use of the floatable water body.
  (2) 'Diversion' means a physical separation for beneficial use
of surface water from a floatable water body into or through any:
  (a) Water conveyance system;
  (b) Irrigation or drainage canal or ditch;
  (c) Industrial, municipal or domestic water system, excluding
the water body from which the water system obtains the water;
  (d) Flood control channel;
  (e) Hydropower inlet or discharge facility; or
  (f) Other similar works.
  (3) 'Floating' means traveling across the surface of the water
using a device capable of supporting weight in a manner that does
not require regular contact with land.
  (4) 'Floatable water body' means the following water bodies and
the land lying between the ordinary high water line associated
with each water body:
  (a) The Alsea River drainage:
  (A) The main stem of the Alsea River from its mouth upstream to
the point where the river forks near river mile 43.3.
  (B) Drift Creek from its confluence with the Alsea River
upstream to its confluence with Cougar Creek.
  (b) The Ana River from Summer Lake to the Ana Reservoir.
  (c) Beaver Slough in Coos County from the natural head of tide
to Coaledo.
  (d) The Chetco River:
  (A) From its mouth at the Pacific Ocean to river mile 3.3; and
  (B) From river mile 11 upstream to Upper Summer Bridge near
river mile 18.8.
  (e) The Coos River drainage, the Millacoma River from its
confluence with the South Fork Coos River to the fork near
Allegany with the East and West Forks Coos River.
  (f) The Coquille River drainage:
  (A) The North Fork Coquille River from its confluence with the
main stem Coquille River upstream to river mile 18.8 at its
confluence with Middle Creek.
  (B) The East Fork Coquille River from its confluence with North
Fork Coquille River to river mile 8.
  (C) The South Fork Coquille River from its confluence with the
main stem Coquille River upstream to the mouth of Rowland Creek
near river mile 24.1.
  (g) The Deschutes River drainage:
  (A) The Crooked River from Lake Billy Chinook to Prineville
Dam.
  (B) The Deschutes River from its mouth upstream to the Wickiup
Reservoir near river mile 237.
  (C) The Little Deschutes River from its confluence with the
Deschutes River upstream to Kemp Bridge, near Gilchrist.
  (D) The Metolius River from Lake Billy Chinook upstream to
Bridge 99.
  (E) The White River from its confluence with the Deschutes
River upstream to its source.
  (h) The Elk River in Curry County from river mile 3.4 upstream
to river mile 14.
  (i) Fiddle Creek from its mouth in Siltcoos Lake to river mile
5.
  (j) Hood River from the bridge for Hood River Highway
immediately downstream of Tucker Park upstream to the confluence
of the East Fork Hood River and the West Fork Hood River.
  (k) The John Day drainage:
  (A) The John Day River:
  (i) From its confluence with the Columbia River to river mile
17.5;
  (ii) From river mile 22.5 to river mile 134.5; and
  (iii) From river mile 135.5 to river mile 148.
  (B) The North Fork John Day River from its confluence with the
John Day River upstream to Big Creek.
  (L) Klamath River drainage:
  (A) The entire length of Crystal Creek.
  (B) The Klamath River from Keno Bridge near river mile 233
upstream to Klamath Falls.
  (C) The Lost River from the California border to Merrill Bridge
near river mile 11.
  (D) The Sprague River from its confluence with the Williamson
River to the fork with the North Fork Sprague River.
  (E) The Sycan River from its confluence with the Sprague River
upstream to Sycan Marsh.
  (F) The Williamson River from its mouth in Upper Klamath Lake
to river mile 4.8.
  (G) The Wood River from its mouth upstream to river mile 15
near Fort Klamath.
  (m) Malheur Lake drainage:
  (A) The Donner und Blitzen River from Malheur Lake to its
confluence with Indian Creek.
  (B) The Silvies River from Burns upstream to its confluence
with Emigrant Creek.
  (n) The Miami River from its mouth upstream to Prouty Creek.
  (o) The Necanicum River from its mouth upstream to a point near
Necanicum Junction at its confluence with Bergsvuik Creek.
  (p) The Nehalem River from its mouth upstream to a point near
Pittsburg at its confluence with the East Fork Nehalem River.
  (q) The Nestucca River from its mouth upstream to river mile
32.5 near Rocky Bend Campground.
  (r) The New River from its mouth upstream to Floras Lake.
  (s) The Pistol River from its mouth upstream to the fork with
the South Fork Pistol River.
  (t) The Rogue River drainage:
  (A) The Rogue River from river mile 68.4 near Grave Creek to
river mile 155.5 near Big Butte Creek.
  (B) Grave Creek from its confluence with the Rogue River to its
source.
  (C) The Illinois River from its confluence with the Rogue River
to Oak Flat.
  (D) The Middle Fork Rogue River from its confluence with the
South Fork Rogue River upstream to its confluence with Red
Blanket Creek.
  (u) The Salmon River from its mouth at the Pacific Ocean
upstream to Rose Lodge.
  (v) The Sandy River drainage:
  (A) The Bull Run River from its confluence with the Sandy River
upstream to Bull Run River Bridge near river mile 4.5.
  (B) The Salmon River from its confluence with the Sandy River
upstream to a point near the campground at its confluence with
the South Fork Salmon River.
  (C) The Zigzag River from its confluence with the Sandy River
to the Twin Bridges Campground.
  (w) The Siletz River from its mouth in Siletz Bay upstream to
Moonshine Park near river mile 53.
  (x) The Sixes River from river mile 5.5 to river mile 10.
  (y) The Siuslaw River drainage:
  (A) The North Fork Siuslaw River from its mouth upstream to
river mile 10.5.
  (B) Lake Creek from its confluence with the Siuslaw River
upstream to river mile 3.5.
  (C) The main stem Siuslaw River from its mouth upstream to
river mile 34.5.
  (z) The Snake River drainage:
  (A) Eagle Creek from its confluence with the Powder River
upstream to New Bridge.
  (B) The Grande Ronde River from the Washington State border
upstream to its confluence with the Wallowa River near river mile
82.
  (C) The Malheur River from its confluence with the Snake River
upstream to a point near Juntura at its confluence with the North
Fork Malheur River.
  (D) The North Fork Malheur River from its confluence with the
main stem Malheur River to a point near the campground upstream
of Stink Creek.
  (E) The Powder River from its mouth in Brownlee Reservoir
upstream to Sumpter.
  (F) The Owyhee River from the upstream end of Lake Owyhee to
Rome, near river mile 167.
 
  (G) The entire length of the Snake River within Oregon from
near river mile 176 to near river mile 409.
  (H) The Wallowa River from its confluence with the Grande Ronde
River upstream to Minam, near river mile 10.
  (aa) Tillamook Bay drainage:
  (A) The Kilchis River from its mouth to Kilchis River County
Park.
  (B) Jordan Creek from its confluence with the Wilson River
upstream to Phipps Creek.
  (C) The Tillamook River from its mouth upstream to its
confluence with Bewley Creek near river mile 6.7.
  (D) The Trask River from its mouth upstream to the confluence
of the North Fork Trask River and the South Fork Trask River.
  (E) The Wilson River from its mouth upstream to the campground
just upstream from its confluence with Jones Creek.
  (bb) The Umatilla River from its confluence with the Columbia
River upstream to the confluence of the North Fork Umatilla River
and the South Fork Umatilla River.
  (cc) The Umpqua River drainage:
  (A) Cow Creek from its confluence with the South Umpqua River
to its confluence with Section Creek near Glendale.
  (B) The Little River from its confluence with the North Umpqua
River to the campground near its confluence with White Creek.
  (C) The North Umpqua River from its confluence with the main
stem Umpqua River upstream to its confluence with Rock Creek near
river mile 35.5.
  (D) The Smith River from its confluence with the Umpqua River
upstream to river mile 23.5 near its confluence with Spencer
Creek.
  (E) Steamboat Creek from its confluence with the North Umpqua
River upstream to Steamboat Falls.
  (dd) The Willamette River drainage:
  (A) Abiqua Creek from its confluence with the Pudding River
upstream to Abiqua Falls.
  (B) The Breitenbush River from its mouth at Detroit Lake
upstream to the confluence of the North Fork Breitenbush River
and South Fork Breitenbush River.
  (C) Butte Creek from its confluence with the Pudding River to
approximately 7.3 miles upstream of Oregon Route 213 near its
confluence with Coal Creek.
  (D) The Clackamas River from its confluence with the Willamette
River upstream to the River Mill Dam.
  (E) The Coast Fork Willamette River from its confluence with
the main stem Willamette River upstream to Cottage Grove Lake.
  (F) The Collawash River from its confluence with the Clackamas
River to the fork with Elk Lake Creek and the East Fork Collawash
River.
  (G) Crabtree Creek from its confluence with the Santiam River
upstream to the campground near its confluence with Rock Creek.
  (H) Dairy Creek from its confluence with the Tualatin River
upstream to river mile 2.
  (I) Fall Creek from its confluence with the Middle Fork
Willamette River upstream to the campground near its confluence
with Bedrock Creek.
  (J) The Little North Santiam River from its confluence with the
North Santiam River upstream to the campground near its
confluence with Cougar Creek.
  (K) The Long Tom River from its confluence with the Willamette
River upstream to its confluence with Poodle Creek near Noti.
  (L) The Luckiamute River from its confluence with the
Willamette River upstream to Helmick State Park.
  (M) Mary's River from its confluence with the Willamette River
upstream to its confluence with Cartwright Creek near Blodgett.
  (N) The McKenzie River from river mile 37 to river mile 64.
  (O) The Middle Fork Santiam River from Green Peter Lake
upstream to its confluence with Pyramid Creek.
  (P) The Middle Fork Willamette River from its confluence with
the main stem Willamette River to its confluence with the North
Fork Willamette River near river mile 37.5.
  (Q) The Mollalla River from its confluence with the main stem
Willamette River to approximately nine miles upstream of Glen
Avon at its confluence with Gawley Creek.
  (R) The Mohawk River from its confluence with the McKenzie
River upstream to its confluence with Cartwright Creek near
Marcola.
  (S) The North Fork Santiam River from its confluence with the
main stem Santiam River upstream to Packsaddle Park near river
mile 43.
  (T) The Oak Grove Fork Clackamas River from its confluence with
the main stem Clackamas River upstream to Timothy Lake.
  (U) The Pudding River from the bridge for Sunnyview Road NE
near Pratum upstream to its source.
  (V) The Roaring River from its confluence with the Clackamas
River upstream to its source.
  (W) The Row River from its confluence with the Coast Fork
Willamette River upstream to Dorena Dam.
  (X) Salmon Creek from its confluence with the Middle Fork
Willamette River upstream to river mile 14.
  (Y) The Santiam River main stem.
  (Z) The South Fork Santiam River from its confluence with the
main stem Santiam River upstream to Foster Reservoir near river
mile 38.
  (AA) The South Yamhill River from its confluence with the
Yamhill River upstream to McMinnville at river mile 6.
  (BB) Thomas Creek from its confluence with the South Fork
Santiam River upstream to Thomas Creek Falls.
  (CC) The Tualatin River from its confluence with the Willamette
River upstream to Forest Grove at river mile 56.5.
  (DD) The Yamhill River from its confluence with the Willamette
River upstream to its forks.
  (ee) The Winchuck River from its mouth upstream to Wheeler
Creek.
  (ff) The Yaquina River from its mouth upstream to Nashville.
  (5) 'Landowner' means a person who holds record title to or an
interest in real property.
  (6) 'Ordinary high water line' means the line that water
impresses on land by covering it for sufficient time to cause
changes in the physical characteristics of the land, the absence
or growth of terrestrial or aquatic vegetation and the deposit of
organic material, in a manner and to an extent that a reasonable
person would be able to distinguish the area below the line from
the area above the line.
  (7) 'Recreational use' means participation in water-dependent
activities and incidental uses connected with those activities,
and fishing, hunting, swimming, floating, boating, wading,
anchoring and walking. + }
  SECTION 3.  { + (1) For purposes of this section, 'prescriptive
easement' means the right of a person to use the property of
another person that is acquired by open, exclusive, notorious,
hostile, adverse, continuous and uninterrupted use of the
property for at least five years.
  (2) The provisions of sections 2 to 9 of this 2005 Act do not
affect the title to or ownership of:
  (a) The surface water contained within a floatable water body;
  (b) The land lying below the ordinary high water line of any
floatable water body; or
  (c) The established portage routes within the state.
  (3) A person may not acquire a prescriptive easement through:
  (a) The recreational use of a floatable water body, including
the land lying below the ordinary high water line and routes for
portaging around barriers; or
 
  (b) Entering or crossing the property of a landowner to access
a floatable water body.
  (4) The ability to make recreational use of floatable water
bodies pursuant to section 4 of this 2005 Act does not grant any
easement or right to enter onto or cross property in order to
make recreational use of a floatable water body unless:
  (a) The easement or right existed prior to the effective date
of this 2005 Act; or
  (b) The reason for the entry onto or the crossing of the
property is to portage around a barrier.
  (5) Nothing in sections 2 to 9 of this 2005 Act affects:
  (a) The right of a landowner to engage in a farming practice,
as defined in ORS 30.930.
  (b) Any treaty or right of any Indian tribe.
  (c) Land held in trust by the United States for Indian tribes
or individual members of Indian tribes.
  (d) The recreational use of the surface waters of lakes, ponds
and other confined water bodies.
  (e) The rights or responsibilities established under a
management plan for a floatable water body adopted pursuant to
the federal Wild and Scenic Rivers Act (P.L. 90-542).
  (6) Landowners affected by sections 2 to 9 of this 2005 Act are
not liable for damage to environmental values, including habitat,
fish, wildlife and water quality, caused by persons using a
floatable water body for recreational use, including using
portage routes. + }
  SECTION 4.  { + (1) Except as provided in this section, a
person may use any floatable water body for recreational use
without regard to ownership of the land lying below the ordinary
high water line.
  (2) Without the express permission of or a contractual
agreement with the landowner on whose land the use would occur, a
person may not use a floatable water body for any of the
following:
  (a) Operating a motorized vehicle, including an off-highway
vehicle, that is not primarily designed for floating.
  (b) Hunting, except by recurve bow or shotgun and only when
specifically authorized by the State Department of Fish and
Wildlife.
  (c) Overnight camping.
  (d) Building fires.
  (e) Disposing of human waste.
  (f) Placing or creating any permanent or seasonal structure,
including a duck blind or boat moorage.
  (g) Recreational use when there is no flowing water within the
floatable water body.
  (h) Any activity that is not a recreational use.
  (3) Without the express permission of or a contractual
agreement with the landowner on whose land the recreational use
would occur, a person may not make recreational use of:
  (a) A private impoundment, even if fed by a floatable water
body; or
  (b) A water body resulting from diversion.
  (4) A person may not make recreational use of a floatable water
body if the use has been limited, restricted or excluded by a
statewide management plan adopted by the State Marine Board
pursuant to section 6 of this 2005 Act.
  (5) A person may not use a floatable water body for a
recreational use that involves floating by means of a craft or
device of any kind unless the person:
  (a) Displays a valid, effective certificate of number issued
pursuant to ORS 830.790;
  (b) Displays a nonmotorized vessel certificate of number issued
pursuant to section 11 of this 2005 Act;
  (c) Holds a valid, effective recreational use registration
issued pursuant to section 7 of this 2005 Act;
  (d) Holds a valid federal river use fee permit on designated
river sections that are administered by an agency of the federal
government; or
  (e) Is using a craft operated by or under the supervision of an
outfitter and guide registered with the State Marine Board under
ORS 704.020. + }
  SECTION 5.  { + (1) Except as provided in this section, a
person making recreational use of a floatable water body may not
enter or remain on the property of a landowner above the ordinary
high water line.
  (2) A person making recreational use of a floatable water body
may enter the property of a landowner to portage around a barrier
if safe passage around the barrier cannot be accomplished using
land below the ordinary high water line. If a person enters
property to portage around a barrier, the person shall:
  (a) Travel using the shortest possible route around the
barrier;
  (b) Perform the portage in the least intrusive manner possible;
  (c) Remain on land above the ordinary high water line for only
the time necessary to complete the portage; and
  (d) Avoid damaging the landowner's property.
  (3) It is an affirmative defense to a charge of criminal
trespass under ORS 164.245, 164.255 or 164.265 that a person
making recreational use of a floatable water body entered
property to portage around a barrier and complied with the
requirements of this section.
  (4) A person portaging around a barrier is liable for actual
damage caused to the landowner's property. + }
  SECTION 6.  { + (1) The State Marine Board shall adopt by rule
a statewide management plan to govern the recreational use of
floatable water bodies under sections 2 to 9 of this 2005 Act.
The management plan shall include:
  (a) A procedure for adding, modifying or excluding the time,
manner, type and extent of the recreational use of a floatable
water body; and
  (b) A procedure for adding to or modifying the list of
floatable water bodies defined pursuant to section 2 of this 2005
Act.
  (2) The department shall, from time to time, review the
management plan for possible modification. + }
  SECTION 7.  { + (1) The State Marine Board shall establish a
program for the issuance of recreational use registrations. The
program shall include provisions for:
  (a) The issuance of a transferable recreational use
registration that allows the holder to use any nonmotorized craft
on a floatable water body.
  (b) The designation of agents of the board for the purpose of
issuing recreational use registrations.
  (c) The assessment of a $20 annual fee for the recreational use
registration.
  (2) Fees collected by the board or its designated agents for
the issuance of recreational use registrations shall be paid into
the Boating Safety, Law Enforcement and Facility Account, except
that the board may designate that an agent other than a board
employee may retain a portion of the fee for the issuance service
performed by the agent.
  (3) As part of the program established under this section, the
board may:
  (a) Develop and disseminate information and educational
materials regarding recreational use of specific floatable water
bodies, including designated portage routes, public boat
launching areas and recreational facilities located on or near
the water body.
  (b) Develop and maintain recreational facilities on or near
floatable water bodies.
 
  (c) Acquire, by purchase or lease, land for the purpose of
developing recreational facilities on or near floatable water
bodies. + }
  SECTION 8.  { + (1) The State Marine Director shall appoint a
Floatable Water Bodies Advisory Committee to advise and aid the
director and the State Marine Board in the administration of
sections 2 to 9 of this 2005 Act.
  (2) The advisory committee shall be composed of seven members
appointed by the director from the following interests:
  (a) Three members who represent riparian landowners.
  (b) Three members who represent recreational interest groups.
  (c) One member who represents the general public.
  (3) The advisory committee shall have a primary responsibility
to:
  (a) Regularly review the list of floatable water bodies
specified in section 2 of this 2005 Act;
  (b) Seek out and serve as a repository for information on the
recreational use of floatable water bodies, on any conflict
between landowners and recreational users and on proposed
modifications to the recreational uses allowed; and
  (c) Propose to the board suggestions for adding, modifying or
excluding the time, manner, type and extent of the recreational
use of a floatable water body or for adding to or modifying the
list of floatable water bodies.
  (4) Members of the advisory committee are not entitled to
compensation, but at the discretion of the director may be
reimbursed from funds available to the board for actual and
necessary travel and other expenses incurred in the performance
of their official duties in the manner and amount provided in ORS
292.495. + }
  SECTION 9.  { + (1) The Floatable Water Bodies Subaccount is
established within the Boating Safety, Law Enforcement and
Facilities Account. The subaccount shall consist of moneys
deposited into the subaccount by the State Marine Board from fees
collected pursuant to sections 7 and 11 of this 2005 Act. The
moneys in the subaccount are continuously appropriated to the
board for the purposes specified in this section.
  (2) The board shall use the moneys in the subaccount for:
  (a) Operating the recreational use registration program
established pursuant to section 7 of this 2005 Act;
  (b) Developing and revising the statewide management plan
adopted pursuant to section 6 of this 2005 Act;
  (c) Providing law enforcement services related to floatable
water bodies;
  (d) Providing information and education regarding recreational
use of floatable water bodies;
  (e) Developing and maintaining recreational facilities on or
near floatable water bodies;
  (f) Improving and maintaining access to floatable water bodies
for nonmotorized recreational uses; and
  (g) Any other purpose that the board determines is appropriate
for the maintenance, enhancement or protection of the natural and
scenic resources of floatable water bodies.
  (3) The board shall determine the amount of money required for
law enforcement services on floatable water bodies in each
county. Funds available in the subaccount shall be apportioned
according to the amounts required and distributed under contracts
entered into with the Department of State Police, a city police
department or with the sheriff of the county. A contract with a
city or a sheriff shall be entered into only with the approval of
the governing body of the city or county. The board shall
determine the intervals at which the moneys shall be
distributed. + }
  SECTION 10.  { + Section 11 of this 2005 Act is added to and
made a part of ORS 830.700 to 830.870. + }
 
  SECTION 11.  { + (1) The owner of a boat that is not a
motorboat nor a sailboat of 12 feet in length or more may,
without securing a certificate of title, register the boat with
the State Marine Board and obtain a nonmotorized vessel
certificate of number.
  (2) Upon submission of an application in a form approved by the
board, the board shall issue to the owner a nonmotorized vessel
certificate of number. The certificate shall state the name and
address of the owner, a description of the boat, the issue date
and expiration date.
  (3) Along with the certificate, the board shall issue a
validation sticker or tag. The owner shall affix the sticker or
tag to the boat so that the sticker or tag is visible for
inspection.
  (4) The biennial fee for a nonmotorized vessel certificate of
number is $30.
  (5) A nonmotorized vessel certificate of number expires on
December 31 of the year indicated on the certificate. + }
  SECTION 12. ORS 105.672 is amended to read:
  105.672. As used in ORS 105.672 to 105.696:
  (1) 'Charge' means the admission price or fee asked by any
owner in return for permission to enter or go upon the owner's
land.
  (2) 'Harvest' has that meaning given in ORS 164.813.
  (3) 'Land' includes all real property, whether publicly or
privately owned.
  (4) 'Owner' means the possessor of any interest in any land,
including but not limited to possession of a fee title.  ' Owner'
includes a tenant, lessee, occupant or other person in possession
of the land.
  (5) 'Recreational purposes' includes, but is not limited to,
outdoor activities such as hunting, fishing, swimming, boating,
camping, picnicking, hiking, nature study, outdoor educational
activities, waterskiing, winter sports,  { + recreational use of
floatable water bodies pursuant to section 4 of this 2005
Act, + } viewing or enjoying historical, archaeological, scenic
or scientific sites or volunteering for any public purpose
project.
  (6) 'Special forest products' has that meaning given in ORS
164.813.
  (7) 'Woodcutting' means the cutting or removal of wood from
land by an individual who has obtained permission from the owner
of the land to cut or remove wood.
  SECTION 13. ORS 830.140 is amended to read:
  830.140. (1) On or before the 10th day of each month, the State
Marine Board shall pay into the State Treasury  { - , except as
provided in ORS 830.926, - }  all moneys received by the board
during the preceding calendar month. The State Treasurer shall
credit the moneys to the Boating Safety, Law Enforcement and
Facility Account, which account hereby is created, separate and
distinct from the General Fund. The moneys in the account hereby
are continuously appropriated to the board for the purpose of
paying the expense of administering and enforcing the provisions
of this chapter. The board shall keep a record of all moneys
received and expended.
   { +  (2) The board shall determine the amount of moneys
deposited in the account that come from fees collected pursuant
to ORS 830.790 and 830.850 and deposit such moneys into the
Abandoned Boat Removal and Cleanup Subaccount.
  (3) The board shall determine the amount of moneys deposited in
the account that come from persons paying fees for nonmotorized
vessel certificates of number pursuant to section 11 of this 2005
Act and that come from persons paying fees for recreational use
registrations pursuant to section 7 of this 2005 Act and deposit
those moneys in the Floatable Water Bodies Subaccount. + }
 
    { - (2) - }   { + (4) + } After paying the necessary expenses
incurred by the board in administering this chapter, the funds
available in the account shall be distributed, in the amounts
required, for the purpose of enforcing the provisions of this
chapter and the regulations adopted pursuant thereto. The board
shall determine the amount required for enforcement in each
county, considering the survey conducted under ORS 830.115. The
funds available shall be apportioned according to the amounts
required and distributed, for enforcement in each county where
there is a need, under a contract entered into with a city, with
the Department of State Police or with the sheriff of the county.
A contract with a city or a sheriff shall be entered into only
with the approval of the governing body of the city or county.
The board shall determine the intervals at which the moneys shall
be distributed.
    { - (3) - }   { + (5) + } The governing body of any county
having within its boundaries a city providing recreational
boating facilities including launching ramps, may contract with
the city for the purpose of enforcing the provisions of this
chapter and the rules and regulations made pursuant thereto.
    { - (4) - }   { + (6) + } If the city enters into a contract
with the board or with a county, the county is relieved of its
enforcement responsibilities within the city as agreed to by the
county and the city or by the board and the city.
  SECTION 14. ORS 830.150 is amended to read:
  830.150. (1) Amounts remaining in the Boating Safety, Law
Enforcement and Facility Account in excess of funds obligated
under ORS 830.140   { - (2) - }  shall be distributed, upon
application, to the state, a city, county, water improvement
district, park and recreation district or a port. Distribution
shall be made on the basis of need for a facility as that need
appears to the State Marine Board.
  (2)(a) In distributing funds under subsection (1) of this
section, the board shall give first priority to applications for
facilities designed to control water pollution or otherwise
enhance water quality, including but not limited to pumping
stations for recreational boat holding tanks, and to those other
facilities for which there appears the greatest public need.
  (b) Subject to paragraph (a) of this subsection, the board may
distribute funds for:
  (A) Construction and maintenance of boating facilities, for the
acquisition of property therefor, and other related facilities
such as parking, potable water, sanitation and other facilities
for the convenience of the public using the boating facilities;
and
  (B) Removal of derelict structures floating upon and abandoned
dock or boat mooring facilities situated in, upon or over the
waters of this state if such structures or facilities constitute
a hazard to boating upon such waters.
  (3) Prior to making any distribution of funds under this
section, the board shall hold a public hearing in the area where
a facility is to be constructed or land acquired if in the
judgment of the board, use of the facility would stimulate
significant change in the character of the recreational use of
the waters.
  (4) The board shall make no distribution of funds under this
section for construction or acquisition if in the judgment of the
board the applicant has not included in the construction or
acquisition plans adequate provision for protecting the quality
of the waters affected by the plans. The board's denial of any
application under this subsection must include specific notice to
the applicant of the point or points of the plan that are found
by the board to be inadequate.
  SECTION 15.  { + A person commits a Class C violation if the
person violates:
  (1) Section 4 of this 2005 Act; or
  (2) Any rule of the State Marine Board adopted pursuant to
section 6 of this 2005 Act. + }
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