Or. Admin. Code § 141-121-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-121-0010 - Definitions

(1) "Affected Property Owners" refers to those people listed in the records of the county assessor as owners of property fronting, abutting or underlying, or having a recorded easement allowing access to a waterway segment at the time that the Division undertakes a navigability study of the subject waterway.

(2) "Broad And Substantial Public Interest" exists when the Land Board, after considering the public's right to the use of a waterway segment and the authority of the state and local governments, determines that an administrative determination of navigability is required to:

(a) Help resolve conflicts between property owners, between users (including recreational users), or between users and affected property owners of a waterway segment;

(b) Facilitate management or protection of a waterway segment (for example, its environmental components or scenic, historic and cultural values); and/or

(c) Facilitate and promote commerce.

(3) "Declaration" is a final decision of the Land Board concerning the nature and extent of the state's claim to the bed and banks underlying the waterway segment under consideration.

(4) "Division" means the Oregon Division of State Lands.

(5) "Land Board" means the Oregon State Land Board.

(6) "Navigable" and "Navigability" are defined by the criteria established by federal courts having jurisdiction to determine the extent of state ownership of land underlying a waterway segment.

(7) "Navigability Study" is the process of collecting, evaluating, and preparing a report relating to the use and characteristics of a waterway segment in order to determine if it is navigable.

(8) "Person" is an individual, special interest group, political subdivision or government agency, or any corporation, association, firm, partnership, joint stock company, limited liability company, limited liability partnership, or quasi-public corporation.

(9) "Requester" is any person requesting that the Land Board direct the Division to conduct a navigability study.

(10) "Sufficient Economic Justification" exists when the Land Board decides that a determination of navigability will result in revenue accruing to the Common School Fund from a leasable use (as defined by Division administrative rules) of the waterway segment or underlying land (for example, the placement of marinas or log rafts, or the extraction of aggregate).

(11) "Title" is fee simple ownership to property, in this case, the bed and banks underlying a waterway segment.

(12) "Waterway" refers for the purposes of these rules to any discrete, identifiable body of water and its bed and banks in Oregon including, but not limited to, rivers, streams, and lakes.

Or. Admin. Code § 141-121-0010

LB 4-1996, f. & cert. ef. 6-14-96

Stat. Auth.: ORS 273 .041 - ORS 273 .185 & ORS 274 .400 - ORS 274 .412

Stats. Implemented: ORS 274 .400 - ORS 274 .412