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Oregon Statutes - Chapter 274 - Submersible and Submerged Lands
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- 274.005 Definitions.
As used in this chapter, unless the context requires otherwise: (1) “Department” means the Department of State Lands. (2) “Director” means the Director of the...
- 274.010 [Amended by 1961 c.619 §41; renumbered 274.885]
- 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...
- 274.020 [Renumbered 274.890]
- 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...
- 274.029 [1973 c.496 §1; 1977 c.471 §1; 1981 c.219 §1; repealed by 1983 c.566 §1]
- 274.030 [Amended by 1961 c.619 §42; renumbered 274.895]
- 274.031 [Formerly 274.034; 1981 c.219 §2; repealed by 1983 c.566 §1]
- 274.032 [1977 c.471 §2; repealed by 1983 c.566 §1]
- 274.034 [1973 c.496 §2; 1977 c.637 §1; renumbered 274.031]
- 274.035 [Formerly 274.570; repealed by 1969 c.594 §63]
- 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...
- 274.040 Sale or lease of submersible lands; easements; occupation for water works.
(1) Except as provided in ORS 274.043 (1) to (3), in ORS 274.085 for leases of submersible lands acquired as an investment for the Common...
- 274.042 [1979 c.793 §2; repealed by 1991 c.521 §1 (274.043 (1) to (3) enacted in lieu of 274.042)]
- 274.043 Exemptions from leasing requirements; rules.
(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...
- 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of 1965 Replacement Part enacted as 1961 c.703 §9; subsection (2) of 1965 Replacement Part enacted as 1961 c.619 §35; repealed by 1967 c.421 §206]
- 274.050 [Renumbered 273.900]
- 274.060 Regulation of harbor improvements; oyster beds; public easement in 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...
- 274.065 [1965 c.368 §1; 1967 c.421 §114; renumbered 390.710]
- 274.070 [Amended by 1965 c.368 §2; 1967 c.421 §115; renumbered 390.720]
- 274.075 [1961 c.36 §§1,2,3,4; 1967 c.421 §116; 1969 c.594 §34; repealed by 1969 c.601 §30]
- 274.080 [Amended by 1955 c.257 §1; 1965 c.368 §3; 1967 c.421 §117; repealed by 1969 c.601 §30]
- 274.085 Acquisition for Common School Fund investment; lease of lands.
Whenever it appears to the State Land Board to be prudent and to the financial benefit of the Common School Fund, the State Land Board...
- 274.090 [Amended by 1959 c.237 §1; 1965 c.368 §4; 1967 c.421 §118; renumbered 390.730]
- 274.100 [Amended by 1965 c.368 §5; 1967 c.421 §119; renumbered 390.740]
- 274.110 [Amended by 1967 c.421 §120; renumbered 390.750]
- 274.120 [Renumbered 273.902]
- 274.130 [Renumbered 273.903]
- 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]
- 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: (1) The drainage of submersible and submerged lands...
- 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...
- 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...
- 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...
- 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...
- 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...
- 274.270 [Repealed by 1967 c.421 §206]
- 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...
- 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...
- 274.300 [Amended by 1967 c.421 §22; renumbered 273.111]
- 274.310 [Amended by 1967 c.421 §129; 1969 c.594 §14; repealed by 2005 c.755 §59]
- 274.355 [1961 c.479 §1; 1967 c.421 §109; repealed by 1967 c.567 §14]
- 274.360 [1961 c.479 §§2,3; 1967 c.421 §110; repealed by 1967 c.567 §14]
- 274.365 [1961 c.479 §§4,6; 1967 c.421 §111; repealed by 1967 c.567 §14]
- 274.370 [1961 c.479 §5; 1967 c.421 §112; repealed by 1967 c.567 §14]
- 274.375 [1961 c.479 §7; 1967 c.421 §113; repealed by 1967 c.567 §14]
- 274.400 Definition for ORS 274.400 to 274.412.
As used in ORS 274.400 to 274.412, “board” means the State Land Board. [1995 c.471 §2]
- 274.402 Exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterway.
(1) The State Land Board has exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterways on behalf of the State of...
- 274.404 Administrative determination of navigable waterway; rules; procedure.
(1) On or before July 1, 1996, the State Land Board shall adopt by rule a procedure that is consistent with ORS 274.400 to 274.412...
- 274.406 Declaration of state’s claim; effect.
(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...
- 274.408 Public notice of claim; content.
Immediately following a declaration made by the State Land Board pursuant to ORS 274.406, the board shall: (1) Cause reasonable public notice of the declaration...
- 274.410 [Renumbered 274.525]
- 274.412 Judicial review of declaration of state’s claim.
Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.406 may seek judicial review of the declaration...
- 274.420 [Amended by 1967 c.421 §100; renumbered 274.025]
- 274.425 Definition for ORS 274.430 to 274.520.
As used in ORS 274.430 to 274.520, “meandered lake” means a lake wholly or partly within this state that has been meandered by the United...
- 274.430 State ownership of meandered lakes; status as navigable and public waters.
(1) All meandered lakes are declared to be navigable and public waters. The waters thereof are declared to be of public character. The title to...
- 274.440 Acquisition of future rights to meandered lakes denied; extension of riparian ownership; lands overflowed by high water.
(1) There are no vested rights in or to any future accretion or reliction to the lands of any upland or riparian owner on any...
- 274.450 Acquisition of riparian rights by department.
The Department of State Lands may acquire by purchase, gift, condemnation or otherwise, any riparian rights which may, by any court of competent jurisdiction, be...
- 274.460 Settler’s and riparian owner’s preferential right to purchase land within meander lines.
All persons qualified to become entrymen and to secure land patents under the homestead laws of the United States and who prior to January 1,...
- 274.470 Settler’s right to deed to land within meander lines; preferential right to additional land; tacking by successive settlers.
(1) Any person who in good faith settled upon lands within the meander lines of any meandered lake and who, on January 1, 1921, actually...
- 274.480 Rights of riparian owners on Malheur and Mud Lakes.
The owners of lands riparian to Malheur and Mud Lakes, in Harney County, Oregon, shall be granted title to so much of the lands within...
- 274.490 Settlement of conflicting preferential rights.
Settlers within the meander line of any meandered lake have the first preferential right, and the Department of State Lands shall, so far as practicable,...
- 274.500 Conveyance of compact area; prices; maximum acreage.
(1) All of the lands referred to in ORS 274.470 and 274.480 granted or conveyed by the state, shall be granted and conveyed in a...
- 274.510 Lake bed lands claimed by the United States.
(1) If the federal government claims title or interest in any lands referred to in ORS 274.470 or 274.480 the same shall not be conveyed...
- 274.520 Acceptance of deed to lake bed lands as precluding any other claim.
Any person who elects to take any deed from the State of Oregon under ORS 274.430 to 274.520 to any lands within the meander lines...
- 274.523 [1967 c.421 §143; repealed by 1969 c.594 §63]
- 274.525 City use of stream bed material.
(1) Any city of the State of Oregon bordering on a navigable stream may dredge out and use material from submersible and submerged lands of...
- 274.530 Lease or license of stream beds for removal of material; rules for measurement of volume removed.
(1) The Department of State Lands may, after notice of competitive bidding, and following such competitive bidding, lease or license submersible and submerged lands of...
- 274.540 [Amended by 1953 c.181 §2; 1961 c.509 §3; 1961 c.676 §4; 1967 c.421 §45; renumbered 273.225]
- 274.550 Removal of material without payment of royalties; eligible material and uses.
(1) A person may remove material from submersible and submerged lands owned by the State of Oregon without payment of royalties to the Department of...
- 274.560 Lease terms; bond or security; prohibited lease or purchase option; monthly reports and payments; rules.
(1) The Department of State Lands may enter into contract of lease for purposes of ORS 274.525 to 274.590 with such stipulations protecting the interest...
- 274.570 [Amended by 1967 c.421 §106; renumbered 274.035]
- 274.580 [Amended by 1961 c.509 §4; 1967 c.421 §46; renumbered 273.231]
- 274.590 Cooperation with Washington authorities respecting removal of material from bed of Columbia River.
The Department of State Lands shall cooperate with the proper authorities of the State of Washington in contracting for, receiving and collecting royalties or other...
- 274.600 [Amended by 1967 c.33 §1; 1967 c.421 §47; 1967 c.567 §16; renumbered 273.235]
- 274.605 [Amended by 1967 c.421 §48; renumbered 273.241]
- 274.610 Prohibited contracts for exploration for hard minerals; scientific research.
(1) The Department of State Lands shall not enter into contracts for governmental or private development or exploration for hard minerals on state-owned submersible and...
- 274.611 [1967 c.421 §150; 1987 c.300 §1; repealed by 1991 c.217 §6]
- 274.615 [1961 c.703 §§1,13; 1967 c.421 §151; 1987 c.300 §2; repealed by 1991 c.217 §6]
- 274.620 [1961 c.703 §2; 1965 c.375 §2; 1967 c.421 §152; 1969 c.594 §46; 1987 c.300 §3; repealed by 1991 c.217 §6]
- 274.625 [1961 c.703 §3; 1967 c.421 §153; 1987 c.300 §4; repealed by 1991 c.217 §6]
- 274.630 [1961 c.703 §4; 1967 c.421 §154; 1987 c.300 §5; repealed by 1991 c.217 §6]
- 274.635 [1961 c.703 §§5,8 and 12; 1967 c.421 §155; 1987 c.300 §6; repealed by 1991 c.217 §6]
- 274.640 [1961 c.703 §§7,10; 1967 c.421 §156; 1987 c.300 §8; repealed by 1991 c.217 §6]
- 274.645 [1961 c.703 §11; 1967 c.421 §157; repealed by 1987 c.300 §10]
- 274.650 [1961 c.703 §6; repealed by 1967 c.421 §206]
- 274.705 Definitions for ORS 274.705 to 274.860.
As used in ORS 274.705 to 274.860, unless the context requires otherwise: (1) “Filled lands” includes submerged and submersible lands reclaimed artificially through raising such...
- 274.710 Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur.
(1) The Department of State Lands has exclusive jurisdiction over all ungranted tidal submerged lands owned by this state, whether within or beyond the boundaries...
- 274.715 Sulfur leases.
ORS 274.705 to 274.860 shall apply equally to the exploration and leasing of lands subject thereto for the production of sulfur. [1961 c.619 §34; 1967...
- 274.720 Effect of ORS 274.705 to 274.860 on power to make other leases and on jurisdiction of agencies other than department.
ORS 274.705 to 274.860 shall not: (1) Affect the power of the Department of State Lands to lease mineral rights, including oil, gas and sulfur...
- 274.725 Scope of leases and permits; persons ineligible.
(1) Any interests in lands, or lands in fee simple, acquired by the Department of State Lands by purchase, donation, lease condemnation or otherwise, may...
- 274.735 Application for survey permit; effect of permit; rules.
(1) The Department of State Lands upon application by any person may permit geological, geophysical and seismic surveys, including the taking of cores and other...
- 274.740 Issuance of survey permit; renewal; reports.
(1) Upon compliance of an applicant with ORS 274.735, the Department of State Lands may issue to the applicant a permit to conduct a geological,...
- 274.745 Drilling logs and records.
(1) Records of drilling conducted by a permittee under ORS 274.740 shall be filed by the permittee with the State Department of Geology and Mineral...
- 274.755 Hearing prior to granting lease or easement.
(1) Before granting any easement under ORS 274.705 to 274.860, and before offering lands for leasing under ORS 274.705 to 274.860, or whenever any person...
- 274.760 Considerations involved in granting lease or easement.
After the public hearing the Department of State Lands shall determine whether the granting of an easement or an invitation for bidding to lease the...
- 274.765 Publishing offer to lease tidal submerged lands; bids; cash bonus; award of lease; fee.
(1) The Department of State Lands may offer to lease lands subject to ORS 274.705 to 274.860 by publication of a notice of its intention...
- 274.770 Prohibited drilling requirements.
In leasing lands subject to ORS 274.705 to 274.860, the Department of State Lands may not discriminate between bidders by requiring drilling from: (1) Upland...
- 274.780 Conditions in leases and permits; execution; delivery of bonds or contracts to department.
(1) The form of lease shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with...
- 274.785 Exclusive rights granted by lease; requirement of diligence; maximum area; assignment.
(1) The lease shall grant the exclusive right to drill for and produce all oil, gas and sulfur deposits in the leased land and be...
- 274.790 Royalties.
(1) The Department of State Lands shall specify in the notice described by ORS 274.765 and in the lease the rate of royalty paid under...
- 274.795 Rents.
The Department of State Lands shall specify a rental payable annually in advance of not less than 50 cents for each acre of land subject...
- 274.800 Bonds.
Sufficient bonding requirements, as determined by the Department of Geology and Mineral Industries, shall be specified to secure to the State of Oregon performance and...
- 274.805 Drill sites.
Unless otherwise determined by the Department of State Lands, each well drilled pursuant to the terms of the lease may be drilled or slant drilled...
- 274.810 Commencement of drilling; operational requirements.
Subject to the lessee’s right to surrender, the lessee shall commence operations for the drilling of a well within five years from date of the...
- 274.815 Extension of time when wells to be drilled from filled land or structure.
If the lessee, as disclosed by information submitted with the bid of the lessee, proposes to drill one or more wells from filled land, whether...
- 274.820 Water contamination or pollution.
(1) Avoidable pollution or avoidable contamination of the ocean and of the waters covering lands subject to ORS 274.705 to 274.860, avoidable pollution or avoidable...
- 274.825 Nonconflicting use of leased lands.
The State of Oregon reserves the right to permit reasonable nonconflicting uses, including seismic surveys but excluding core hole drilling, on lands under lease as...
- 274.830 Protecting lands from drainage.
The lessee shall at all times proceed with due diligence to protect the leasehold from drainage by wells on lands not owned by the state....
- 274.835 Conformance to laws and regulations; periodic negotiations.
It shall be a continuing condition of such lease that the lessee shall conform to all applicable laws of the State of Oregon and all...
- 274.840 Continuation of lease after cessation of production.
In the event production on the leasehold shall cease at any time or from time to time, before or after the expiration of the primary...
- 274.845 Surrender of lease.
The lessee may at any time file with the Department of State Lands a written surrender of all rights under the lease or any portion...
- 274.850 Cancellation of lease; partial retention of leasehold; removal of equipment.
The Department of State Lands shall reserve and may exercise the authority to cancel any lease upon which oil, gas or sulfur has not been...
- 274.855 Restoration of leasehold to original condition.
Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Department of State Lands may require that the permittee or...
- 274.860 Protection and location of filled lands.
Under a lease entered into by the Department of State Lands pursuant to ORS 274.705 to 274.860, the fill constituting filled lands may be retained...
- 274.865 [1961 c.619 §29; repealed by 1967 c.421 §206]
- 274.867 Wave energy; financial assurance; rules.
(1) In accordance with applicable provisions of ORS chapter 183, the Director of the Department of State Lands may adopt rules for the authorization of...
- 274.885 Lease of kelp fields.
(1) The Department of State Lands may lease submerged lands owned by the State of Oregon for the purpose of harvesting kelp and other seaweed...
- 274.890 Time allowed lessee for survey and erection of plant; filing copy of survey with department.
The first lease issued to an applicant under ORS 274.885 to 274.895 with respect to any submerged lands may allow the applicant six months in...
- 274.895 Removing kelp without lease.
Except in the case of a person harvesting or removing less than 2,000 pounds of kelp each year for the purposes of human consumption, no...
- 274.905 Definitions for ORS 274.905 to 274.940.
As used in ORS 274.905 to 274.940, unless the context requires otherwise: (1) “New lands” means those lands protruding above the line of ordinary high...
- 274.910 Application and effect.
(1) ORS 274.905 to 274.940 shall not apply to submersible, submerged or new lands fronting upon the Pacific Ocean. (2) The provisions of ORS 274.905...
- 274.915 Lease or disposal of new lands; method.
(1) Except as otherwise provided in ORS 274.905 to 274.940, the Department of State Lands may sell, lease or trade submersible or submerged lands owned...
- 274.920 Creation of new lands upon submersible or submerged lands.
No one other than the United States, while engaged in the promotion of navigation, shall artificially create new lands by fill or deposit upon submersible...
- 274.925 Right of public riparian owner to purchase new lands; price determination.
(1) Whenever the United States, while engaged in the promotion of navigation, creates new lands upon submersible or submerged lands owned by the state and...
- 274.929 Right of nonpublic riparian owner to purchase certain new lands; price determination.
(1) Whenever the United States, while engaged in the promotion of navigation, creates new lands upon submersible or submerged lands owned by the state and...
- 274.930 [1963 c.376 §6; 1965 c.375 §5; repealed by 1973 c.203 §11]
- 274.932 Right of public body to purchase new lands created by it; price determination.
(1) Whenever a public body, in accordance with ORS 274.920, creates new lands upon submersible or submerged lands owned by the state, the public body...
- 274.935 Ownership, by nonpublic owner of submersible or submerged lands, of new lands created thereon.
Whenever new lands are created upon submersible or submerged lands owned by other than a public body, such new lands shall be owned by the...
- 274.937 Right of individual to purchase new lands created by individual; price determination.
(1) Whenever an individual, in accordance with ORS 274.920, creates new lands upon submersible or submerged lands owned by the state, such individual has the...
- 274.940 Reservation of new lands.
Notwithstanding ORS 274.905, 274.915 to 274.925, 274.929, 274.932 and 274.937, the Department of State Lands may reserve new lands from sale, transfer or lease where...
- 274.960 Definitions for ORS 274.960 to 274.985.
As used in ORS 274.960 to 274.985, unless the context requires otherwise: (1) “Board” means the State Land Board. (2) “Submerged land” means land lying...
- 274.963 Legislative findings.
(1) The Legislative Assembly finds and declares that: (a) Uncertainty exists as to the nature and extent of the state’s interest in land formerly submerged...
- 274.965 Determination of state interest; designation of areas; study deadlines.
(1) The State Land Board shall direct the Department of State Lands to determine whether any interest remains or is vested in the State of...
- 274.967 Department studies; report, submission to board; hearings.
(1) At the direction of the State Land Board pursuant to ORS 274.965, the Department of State Lands shall conduct a study to determine: (a)...
- 274.970 Board review; referral to department for further study; adoption.
(1) Upon receipt by the State Land Board of a report submitted by the Department of State Lands, the board shall review the report of...
- 274.973 [1973 c.329 §7; repealed by 1977 c.757 §3]
- 274.975 Board declaration of state interest; effect.
(1) Upon the conclusion of each public hearing held under ORS 274.967 (3) and the modification, if any, of the report upon which such hearing...
- 274.977 Notification of declaration to public, landowners.
Immediately following a declaration made by the State Land Board pursuant to ORS 274.975, the board shall: (1) Cause notice of the declaration to be...
- 274.980 Delivery of copy of declaration to affected counties; recording required.
(1) The State Land Board shall send a copy of each declaration made pursuant to ORS 274.975 to the recording officer of each county that...
- 274.983 Forwarding original declarations and administrative records to director; disposition; use of certified copy as evidence.
(1) The State Land Board shall forward the original of each declaration made pursuant to ORS 274.975 (1) and the administrative record upon which such...
- 274.985 Judicial review of declarations.
Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.975 may seek judicial review of such declaration...
- 274.990 Criminal penalties.
Violation of ORS 274.745 or 274.895, or any rule promulgated under such sections, is a misdemeanor. [Amended by 1967 c.421 §179; part renumbered 390.990; 1969...
- 274.992 Civil penalty for violation of ORS 274.040.
(1) Any person who violates any provision of ORS 274.040 or any rule, order or lease adopted or issued under ORS 274.040 shall be subject...
- 274.994 Amount of civil penalty for violation of ORS 274.040; rules; considerations in imposing penalty.
(1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular...
Last modified: August 7, 2008
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