State Oregon ORS 390.605 et seq OCEAN SHORES STATE RECREATION AREAS OCEAN SHORES STATE RECREATION AREAS (http://www.leg.state.or.us/ors/390.html Accessed 2/14/2006) (General Provisions) 390.605 Definitions 390.610 Policy 390.615 Ownership of Pacific shore; declaration as state recreation area 390.620 Pacific shore not to be alienated; judicial confirmation 390.630 Acquisition along ocean shore for state recreation areas or access 390.632 Public access to coastal shorelands (Regulating Use of Ocean Shore) 390.635 Jurisdiction of department over recreation areas 390.640 Permit required for improvements on ocean shore; exceptions 390.650 Improvement permit procedure; fee; waiver or reduction 390.655 Standards for improvement permits 390.659 Hearing before director regarding department action on improvement permit; appeal of director’s order; suspension of permit during appeal 390.660 Regulation of use of lands adjoining ocean shores; rules 390.661 Improvement without permit or contrary to permit conditions as public nuisance 390.663 Investigation of violation within ocean shore; cease and desist order; enforcement of order by state and local police 390.666 Revocation, suspension or nonrenewal of improvement permit 390.669 Action by state or any person to abate public nuisance; temporary restraining order or preliminary injunction; compensation to public 390.672 Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages 390.674 Imposition of civil penalties 390.676 Schedule of civil penalties; factors to determine amount; rules 390.678 Motor vehicle and aircraft use regulated in certain zones; zone markers; proceedings to establish zones 390.685 Effect of ORS 390.605, 390.615, 390.678 and 390.685 390.690 Title and rights of state unimpaired (Special Permits) 390.705 Prohibition against placing certain conduits across recreation area and against removal of natural products 390.715 Permits for pipe, cable or conduit across ocean shore and submerged lands 390.725 Permits for removal of products along ocean shore; rules (Vegetation Line) 390.755 Periodic reexamination of vegetation line; department recommendations for adjustment 390.760 Exceptions from vegetation line 390.770 Vegetation line described SCENIC WATERWAYS 390.805 Definitions for ORS 390.805 to 390.925 390.815 Policy; establishment of system 390.826 Designated scenic waterways 390.827 Effect of ORS 390.826 on rights of Indian tribes 390.835 Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining 390.845 Administration of scenic waterways and related adjacent lands; limitations on use; condemnation; rules 390.848 Passes for use of parts of Deschutes River; rules; fee; exemption from fee; disposition of moneys 390.851 Activities prohibited on parts of Deschutes River without pass; exceptions 390.855 Designation of additional scenic waterways 390.865 Authority of legislature over designation of additional scenic waterways 390.875 Transfer of public lands in scenic waterways to department; administration of nontransferred lands 390.885 Exchange of property within scenic waterway for property outside waterway 390.895 Use of federal funds 390.905 Effect of ORS 390.805 to 390.925 on other state agencies 390.910 Intergovernmental cooperation; county representative on management advisory committee 390.915 Determination of value of scenic easement for tax purposes; easement exempt 390.925 Enforcement DESCHUTES RIVER SCENIC WATERWAY RECREATION AREA 390.930 Definitions for ORS 390.930 to 390.940 390.932 Creation of Deschutes River Scenic Waterway Recreation Area 390.934 Management of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget 390.936 Rules 390.938 Guidelines for management and development 390.940 Relationship to other laws RECREATION TRAILS 390.950 Short title 390.956 Policy 390.959 Composition of trails system; establishment of markers 390.962 Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected 390.965 Hearing required; information to be considered 390.968 Selection of rights of way for trails 390.971 Department duties and powers; rules 390.974 Intergovernmental cooperation to obtain property for use in trail system 390.977 Oregon Recreation Trails Advisory Council; members; appointment; terms; duties; expenses; officers; quorum; meetings 390.980 Funds for purposes of ORS 390.950 to 390.989; acceptance and use of donated funds; indemnity to owners of land damaged by trail users 390.983 Trail property tax assessment 390.986 Injunctive relief for violation of ORS 390.950 to 390.989 390.989 Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989 PENALTIES 390.990 Violations 390.992 Civil penalties 390.995 Criminal penalties OCEAN SHORES; STATE RECREATION AREAS (General Provisions) 390.605 Definitions. As used in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770, unless the context requires otherwise: (1) “Improvement” includes filling a portion of the ocean shore, removal of material from the ocean shore or a structure, appurtenance or other addition, modification or alteration constructed, placed or made on or to the land. (2) “Ocean shore” means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. “Ocean shore” does not include an estuary as defined in ORS 196.800. (3) “State recreation area” means a land or water area, or combination thereof, under the jurisdiction of the State Parks and Recreation Department used by the public for recreational purposes. [Formerly 274.065 and then 390.710; 1989 c.904 §23; 1999 c.373 §2] 390.610 Policy. (1) The Legislative Assembly hereby declares it is the public policy of the State of Oregon to forever preserve and maintain the sovereignty of the state heretofore legally existing over the ocean shore of the state from the Columbia River on the north to the Oregon-California line on the south so that the public may have the free and uninterrupted use thereof. (2) The Legislative Assembly recognizes that over the years the public has made frequent and uninterrupted use of the ocean shore and recognizes, further, that where such use has been legally sufficient to create rights or easements in the public through dedication, prescription, grant or otherwise, that it is in the public interest to protect and preserve such public rights or easements as a permanent part of Oregon’s recreational resources. (3) Accordingly, the Legislative Assembly hereby declares that all public rights or easements legally acquired in those lands described in subsection (2) of this section are confirmed and declared vested exclusively in the State of Oregon and shall be held and administered as state recreation areas. (4) The Legislative Assembly further declares that it is in the public interest to do whatever is necessary to preserve and protect scenic and recreational use of Oregon’s ocean shore. [1967 c.601 §§1,2(1),(2),(3); 1969 c.601 §4] 390.615 Ownership of Pacific shore; declaration as state recreation area. Ownership of the shore of the Pacific Ocean between ordinary high tide and extreme low tide, and from the Oregon and Washington state line on the north to the Oregon and California state line on the south, excepting such portions as may have been disposed of by the state prior to July 5, 1947, is vested in the State of Oregon, and is declared to be a state recreation area. No portion of such ocean shore shall be alienated by any of the agencies of the state except as provided by law. [Formerly 274.070 and then 390.720] 390.620 Pacific shore not to be alienated; judicial confirmation. (1) No portion of the lands described by ORS 390.610 or any interest either therein now or hereafter acquired by the State of Oregon or any political subdivision thereof shall be alienated except as expressly provided by state law. The State Parks and Recreation Department and the State Land Board shall have concurrent jurisdiction to undertake appropriate court proceedings, when necessary, to protect, settle and confirm all such public rights and easements in the State of Oregon. (2) No portion of the ocean shore declared a state recreation area by ORS 390.610 shall be alienated by any of the agencies of the state except as provided by law. (3) In carrying out its duties under subsection (1) of this section with respect to lands and interests in land within the ocean shore, the State Land Board shall act with respect to the portion of the tidal submerged lands, as defined in ORS 274.705 (7), and the submersible lands, as defined in ORS 274.005 (8), that are situated within the ocean shore as it does with respect to other state-owned submerged and submersible lands within navigable waters of this state. (4) In carrying out its duties under subsection (1) of this section with respect to lands and interests in land within the ocean shore, the State Parks and Recreation Department shall act with respect to such lands and interests as it does with respect to other lands and interests within state recreation areas. [1967 c.601 §§2(4),3; 1969 c.601 §5; 1973 c.364 §1] 390.630 Acquisition along ocean shore for state recreation areas or access. The State Parks and Recreation Department, in accordance with ORS 390.121, may acquire ownership of or interests in the ocean shore or lands abutting, adjacent or contiguous to the ocean shore as may be appropriate for state recreation areas or access to such areas where such lands are held in private ownership. However, when acquiring ownership of or interests in lands abutting, adjacent or contiguous to the ocean shore for such recreation areas or access where such lands are held in private ownership, the department shall consider the following: (1) The availability of other public lands in the vicinity for such recreational use or access. (2) The land uses, improvements, and density of development in the vicinity. (3) Existing public recreation areas and accesses in the vicinity. (4) Any local zoning or use restrictions affecting the area in question. [1967 c.601 §4; 1969 c.601 §6; 1989 c.904 §24] 390.632 Public access to coastal shorelands. (1) In order to further the policy established in ORS 390.610 and to preserve the right of public access to the ocean shore, the State Parks and Recreation Department shall coordinate with affected local governments to provide increased public access to the coastal shorelands. (2) The State Parks and Recreation Department may: (a) Ensure that beach access sites are posted for public use; (b) Maintain parking and trash disposal facilities at beach access sites; and (c) Maintain beach access sites in a safe and litter-free manner. [1999 c.872 §2] (Regulating Use of Ocean Shore) 390.635 Jurisdiction of department over recreation areas. Except as provided by ORS 273.551, 274.710 and 390.620, the State Parks and Recreation Department has jurisdiction over the land and interests in land acquired under ORS 390.610, 390.615, 390.620 or 390.630 in order to carry out the purposes of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1969 c.601 §21; 1973 c.364 §2] 390.640 Permit required for improvements on ocean shore; exceptions. (1) In order to promote the public health, safety and welfare, to protect the state recreation areas recognized and declared by ORS 390.610 and 390.615, to protect the safety of the public using such areas, and to preserve values adjacent to and adjoining such areas, the natural beauty of the ocean shore and the public recreational benefit derived therefrom, it is necessary to control and regulate improvements on the ocean shore. Unless a permit therefor is granted as provided by ORS 390.650, no person shall make an improvement on any property that is within the ocean shore. (2) This section does not apply to permits granted pursuant to ORS 390.715, or to rules adopted or permits granted under ORS 390.725. (3) This section does not apply to continuous extensions of densely vegetated land areas that were, as of August 22, 1969, both seaward of the line established by ORS 390.770 and above the 16-foot contour. The elevation mentioned in this subsection refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947. (4) This section does not apply to the removal, filling or alteration of material on the ocean shore where those activities are regulated under a state-assumed permit program as provided in 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, as amended. [1967 c.601 §5; 1969 c.601 §7; 1973 c.642 §14; 1999 c.373 §3] 390.650 Improvement permit procedure; fee; waiver or reduction. (1) Any person who desires a permit to make an improvement on any property subject to ORS 390.640 shall apply in writing to the State Parks and Recreation Department on a form and in a manner prescribed by the department, stating the kind of and reason for the improvement. (2) Upon receipt of a properly completed application, the State Parks and Recreation Department shall provide notice of the proposal by causing notice of the application to be posted at or near the location of the proposed improvement. The notice shall include the name of the applicant, a description of the proposed improvement and its location and a statement of the time within which interested persons may file a request with the department for a hearing on the application. The department shall give notice of any application, hearing or decision to any person who files a written request with the department for such notice. (3) Within 30 days after the date of posting the notice required in subsection (2) of this section, the applicant or 10 or more other interested persons may file a written request with the State Parks and Recreation Department for a hearing on the application. If such a request is filed, the department shall set a time for a hearing to be held by the department. The department shall cause notice of the hearing to be posted in the manner provided in subsection (2) of this section. The notice shall include the time and place of the hearing. After the hearing on an application or, if a hearing is not requested, after the time for requesting a hearing has expired, the department shall grant the permit if approval would not be adverse to the public interest. ORS chapter 183 does not apply to a hearing or decision under this section. (4) In acting on an application, the State Parks and Recreation Department shall take into consideration the matters described by ORS 390.655. The department shall act on an application within 60 days after the date of receipt or, if a hearing is held, within 45 days after the date of the hearing. (a) The decision of the department shall include written findings setting forth the specific reasons for the approval or denial and, if the application is approved, any conditions the department considers necessary to maintain the standards established under ORS 390.655. (b) A copy of the written findings shall be furnished to the applicant at the time of approval or denial of the application by the department as provided in this subsection. (5) Subsections (2) and (3) of this section do not apply to an application for a permit for the repair, replacement or restoration, in the same location, of an authorized improvement or improvement existing on or before May 1, 1967, if the repair, replacement or restoration is commenced within three years after the damage to or destruction of the improvement being repaired, replaced or restored occurs. (6) The State Parks and Recreation Department may, upon application therefor, either written or oral, grant an emergency permit for a new improvement, dike, revetment, or for the repair, replacement or restoration of an existing, or authorized improvement where property or property boundaries are in imminent peril of being destroyed or damaged by action of the Pacific Ocean or the waters of any bay or river of this state. Said permit may be granted by the department without regard to the provisions of subsections (1), (2), (3), (4) and (5) of this section. Any emergency permit granted hereunder shall be reduced to writing by the department within 10 days after granting the same with a copy thereof furnished to the applicant. (7) Except as provided by subsection (8) of this section, each application under subsection (1) of this section shall be accompanied by a fee to cover, in part, the expenses of the department in investigating, reviewing and issuing the improvement permits. The application fee for each permit shall be: (a) $400 for any project for which the construction value is less than $2,500. (b) $400 for any project for which the construction value is equal to or greater than $2,500, plus an additional amount equal to three percent of the construction value over $2,500. (8) The department may waive or reduce the fee required by subsection (7) of this section for an application submitted by a public body, as that term is defined by ORS 174.109, or tribal government if the primary purpose of the improvement is: (a) Restoring, conserving or protecting the natural, resource, scenic, recreational, cultural or economic values of the ocean shore; (b) Restoring native beach or dune habitat contributing to the recovery of sensitive species, including state and federally listed threatened or endangered species; or (c) Improving native biological values of the ocean shore. (9) Fees received under this section shall be deposited into a subaccount of the State Parks and Recreation Department Fund. Such fees are continuously appropriated to the department for the purpose of carrying out the ocean shore program. (10) As used in this section, “construction value” includes but is not limited to the costs of labor and equipment rental. For a project involving only the movement of sand or similar material on the ocean shore, “construction value” shall equal the costs of labor, fees and equipment rental. [1967 c.601 §6; 1969 c.601 §10; 1979 c.186 §21; 1999 c.373 §4; 2003 c.25 §1] 390.655 Standards for improvement permits. The State Parks and Recreation Department shall consider applications and issue permits under ORS 390.650 in accordance with standards designed to promote the public health, safety and welfare and carry out the policy of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. The standards shall be based on the following considerations, among others: (1) The public need for healthful, safe, esthetic surroundings and conditions; the natural scenic, recreational and other resources of the area; and the present and prospective need for conservation and development of those resources. (2) The physical characteristics or the changes in the physical characteristics of the area and suitability of the area for particular uses and improvements. (3) The land uses, including public recreational use if any, and the improvements in the area, the trends in land uses and improvements, the density of development and the property values in the area. (4) The need for recreation and other facilities and enterprises in the future development of the area and the need for access to particular sites in the area. [1969 c.601 §11; 1979 c.186 §22] 390.658 [1969 c.601 §12; 1979 c.186 §23; repealed by 1999 c.373 §5 (390.659 enacted in lieu of 390.658)] 390.659 Hearing before director regarding department action on improvement permit; appeal of director’s order; suspension of permit during appeal. (1) Any applicant whose application for a permit under ORS 390.650 has been denied or who objects to any condition imposed on the permit or any person aggrieved or adversely affected by the granting of a permit may, within 30 days after the denial of the permit or the imposition of the condition, request a hearing from the State Parks and Recreation Director. (2) Upon receipt of a request for hearing from the applicant or if the director finds that the person other than the applicant making the request has a legally protected interest that is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The applicant shall be a party to any contested case hearing requested by a person other than the applicant. (3) Within 45 days after the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director’s original order. Appeals from the director’s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482. (4) A permit granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the improvement would cause irremediable damage and would be inconsistent with ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1999 c.373 §6 (enacted in lieu of 390.658)] 390.660 Regulation of use of lands adjoining ocean shores; rules. The State Parks and Recreation Department is hereby directed to protect, to maintain and to promulgate rules governing use of the public of property that is subject to ORS 390.640, property subject to public rights or easements declared by ORS 390.610 and property abutting, adjacent or contiguous to those lands described by ORS 390.615 that is available for public use, whether such public right or easement to use is obtained by dedication, prescription, grant, state-ownership, permission of a private owner or otherwise. [1967 c.601 §7; 1969 c.601 §16] 390.661 Improvement without permit or contrary to permit conditions as public nuisance. The improvement on any property within the ocean shore without a permit issued under ORS 390.650, or in a manner contrary to the conditions set out in the permit, is a public nuisance. [1999 c.373 §12] 390.663 Investigation of violation within ocean shore; cease and desist order; enforcement of order by state and local police. (1) If the State Parks and Recreation Director determines that any improvement is being made on property within the ocean shore without a permit issued under ORS 390.650, or in a manner contrary to the conditions set out in the permit, the director may: (a) Investigate, hold hearings, make orders and take action, as provided in ORS 390.620 to 390.676, as soon as possible. (b) For the purpose of investigating conditions relating to such improvements, through the employees or the duly authorized representatives of the State Parks and Recreation Department, enter at reasonable times upon any private or public property. (c) Conduct public hearings in accordance with ORS chapter 183. (d) Publish findings and recommendations as they are developed relative to public policies and procedures necessary for the correction of conditions or violations of ORS 390.620 to 390.676. (e) Give notice of any proposed order relating to a violation by personal service or by mailing the notice by registered or certified mail to the person or governmental body affected. Any person aggrieved by a proposed order of the director may request a hearing within 20 days of the date of personal service or mailing of the notice. Hearings shall be conducted under the provisions of ORS chapter 183 applicable to contested cases, and judicial review of final orders shall be conducted in the Court of Appeals according to ORS 183.482. If no hearing is requested or if the party fails to appear, a final order shall be issued upon a prima facie case on the record of the department. (f) Take appropriate action for the enforcement of any rules or final orders. Any violation of ORS 390.620 to 390.676 or of any rule or final order of the director under ORS 390.620 to 390.676 may be enjoined in civil abatement proceedings brought in the name of the State of Oregon. In any such proceedings, the director may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. Proceedings brought by the director shall set forth, if applicable, the dates of notice and hearing and the specific rule or order of the director, together with the facts of noncompliance, the facts giving rise to the public nuisance and a statement of the damages to any public right of navigation, fishery or recreation, if any, resulting from such violation. (2) In addition to the administrative action the director may take under subsection (1) of this section, the director may enter an order requiring any person to cease and desist from any violation if the director determines that such violation presents an imminent and substantial risk of injury, loss or damage to the ocean shore. (3) An order under subsection (2) of this section: (a) May be entered without prior notice or hearing. (b) Shall be served upon the person by personal service or by registered or certified mail. (c) Shall state that a hearing will be held on the order if a written request for hearing is filed by the person subject to the order within 10 days after receipt of the order. (d) Shall not be stayed during the pendency of a hearing conducted under subsection (4) of this section. (4) If a person subject to an order under subsection (2) of this section files a timely demand for hearing, the director shall hold a contested case hearing according to the applicable provisions of ORS chapter 183. If the person fails to request a hearing, the order shall be entered as a final order upon prima facie case made on the record of the department. (5) Neither the director nor any duly authorized representative of the department shall be liable for any damages a person may sustain as a result of a cease and desist order issued under subsection (2) of this section. (6) The state and local police shall cooperate in the enforcement of any order issued under subsection (2) of this section and shall require no further authority or warrant in executing or enforcing such order. If any person fails to comply with an order issued under subsection (2) of this section, the circuit court of the county in which the violation occurred or is threatened shall compel compliance with the director’s order in the same manner as with an order of that court. (7) As used in this section, “violation” means making an improvement on property within the ocean shore without a permit or in a manner contrary to the conditions set out in a permit issued under ORS 390.650. [1999 c.373 §13] 390.665 [Formerly 274.100 and then 390.740; repealed by 1971 c.743 §432] 390.666 Revocation, suspension or nonrenewal of improvement permit. If the State Parks and Recreation Director finds that a person or governmental body holding a permit issued under ORS 390.650 is making an improvement on property within the ocean shore contrary to the conditions set out in the permit, the director may revoke, suspend or refuse to renew such permit. The director may revoke a permit only after giving notice and opportunity for a hearing as provided in ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. [1999 c.373 §14] 390.668 [Formerly 274.090 and then 390.730; renumbered 390.678 in 1999] 390.669 Action by state or any person to abate public nuisance; temporary restraining order or preliminary injunction; compensation to public. (1) In addition to any enforcement action taken under ORS 390.663, civil proceedings to abate alleged public nuisances under ORS 390.661 may be instituted in the name of the State of Oregon upon relation of the State Parks and Recreation Director or by any person in the person’s name. (2) Before beginning any action under subsection (1) of this section, a person other than the director shall provide to the director 60 days’ notice of the intended action. A person other than the director may not begin an action under subsection (1) of this section if the director has commenced and is diligently prosecuting civil, criminal or administrative proceedings in the same matter. (3) The director may institute an action in the name of the State of Oregon for a temporary restraining order or preliminary injunction if a threatened or existing public nuisance under ORS 390.661 creates an emergency that requires immediate action to protect the public health, safety or welfare. The director shall not be required to furnish a bond in such proceeding. (4) The State Parks and Recreation Commission, the State Parks and Recreation Director and the employees or duly authorized representatives of the State Parks and Recreation Department shall not be liable for any damages a defendant may sustain as a result of an injunction, restraining order or abatement order issued under this section. (5) A case filed under this section shall be given preference on the docket over all other civil cases except those given an equal preference by statute. (6) In any action brought under this section, the plaintiff may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from an existing public nuisance under ORS 390.661. Any money received by the plaintiff under this subsection shall be deposited in an account of the State Parks and Recreation Department for use by the department in administering the ocean shore program. [1999 c.373 §15] 390.670 [1967 c.601 §8; 1969 c.601 §13; repealed by 1971 c.780 §7] 390.672 Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages. (1) If any person or governmental body, through negligence, violates ORS 390.640, the State Parks and Recreation Director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. (2) If any person or governmental body intentionally violates ORS 390.640, the director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award treble a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. (3) An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS 390.640. (4) In any action brought under ORS 390.669, the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS 20.140, any costs and attorney fees so awarded to the director shall be deposited in an account of the State Parks and Recreation Department to offset the director’s expenses of bringing such action. [1999 c.373 §16] 390.674 Imposition of civil penalties. (1) Civil penalties under ORS 390.992 shall be imposed as provided in ORS 183.745. (2) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the State Parks and Recreation Director under this section may be joined by the director with any other action taken against the same person under ORS 390.995 (1). (3) Any civil penalty recovered under this section shall be deposited into an account of the State Parks and Recreation Department for use by the department in administration of the ocean shore program. [1999 c.373 §10] 390.676 Schedule of civil penalties; factors to determine amount; rules. (1) The State Parks and Recreation Director shall adopt by rule the amount of civil penalty that may be imposed for a particular violation under ORS 390.992. (2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules, orders and permits pertaining to waters of this state. (c) The impact of the violation on public interests in navigation, fishery and recreation. (d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 390.610. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 390.610. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1999 c.373 §11] 390.678 Motor vehicle and aircraft use regulated in certain zones; zone markers; proceedings to establish zones. (1) The State Parks and Recreation Department may establish zones on the ocean shore where travel by motor vehicles or landing of any aircraft except for an emergency shall be restricted or prohibited. After the establishment of a zone and the erection of signs or markers thereon, no such use shall be made of such areas except in conformity with the rules of the department. (2) Proceedings to establish a zone: (a) May be initiated by the department on its own motion; or (b) Shall be initiated upon the request of 20 or more landowners or residents or upon request of the governing body of a county or city contiguous to the proposed zone. (3) A zone shall not be established unless the department first holds a public hearing in the vicinity of the proposed zone. The department shall cause notice of the hearing to be given by publication, not less than seven days prior to the hearing, by at least one insertion in a newspaper of general circulation in the vicinity of the zone. (4) Before establishing a zone, the department shall seek the approval of the local government whose lands are adjacent or contiguous to the proposed zone. [Formerly 390.668] 390.680 [1967 c.601 §9; 1969 c.601 §17; repealed by 1973 c.732 §5] 390.685 Effect of ORS 390.605, 390.615, 390.678 and 390.685. Nothing in ORS 390.605, 390.615, 390.678 and 390.685 is intended to repeal ORS 836.510 to 836.525. [Formerly 274.110 and then 390.750] 390.690 Title and rights of state unimpaired. Nothing in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be construed to relinquish, impair or limit the sovereign title or rights of the State of Oregon in the shores of the Pacific Ocean as the same may exist before or after July 6, 1967. [1967 c.601 §10] (Special Permits) 390.705 Prohibition against placing certain conduits across recreation area and against removal of natural products. No person shall: (1) Place any pipeline, cable line or other conduit across and under the state recreation areas described by ORS 390.635 or the submerged lands adjacent to the ocean shore, except as provided by ORS 390.715. (2) Remove any natural product from the ocean shore, other than fish or wildlife, agates or souvenirs, except as provided by ORS 390.725. [1969 c.601 §20] 390.710 [Formerly 274.065; 1969 c.601 §2; renumbered 390.605] 390.715 Permits for pipe, cable or conduit across ocean shore and submerged lands. (1) The State Parks and Recreation Department may issue permits under ORS 390.650 to 390.659 for pipelines, cable lines and other conduits across and under the ocean shore and the submerged lands adjacent to the ocean shore, upon payment of just compensation by the permittee. Such permit is not a sale or lease of tide and overflow lands within the scope of ORS 274.040. (2) Whenever the issuance of a permit under subsection (1) hereof will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of such permit until such time as the permittee shall have obtained an easement, license or other written authorization from the private owner, which easement, license or other written authority must meet the approval of the State Parks and Recreation Department, except as to the compensation to be paid to the private owner. (3) All permits issued under this section are subject to conditions that will assure safety of the public and the preservation of economic, scenic and recreational values and to rules promulgated by state agencies having jurisdiction over the activities of the grantee or permittee. [1969 c.601 §22] 390.720 [Formerly 274.070; renumbered 390.615] 390.725 Permits for removal of products along ocean shore; rules. (1) Removal of natural products such as fish or wildlife, agates or small amounts of driftwood from a state recreation area as defined in ORS 390.605 for personal, noncommercial use is not subject to the provisions of ORS 390.650. (2) The collection of natural products for the purpose of trade, sale or resale shall be subject to the permit provisions and standards of ORS 390.650 and 390.655. Permits shall provide for the payment of just compensation by the permittee as provided by rule adopted under subsection (4) of this section. (3) No archaeological object associated with an archaeological site, as those terms are defined in ORS 358.905, shall be removed from the ocean shore except as provided in ORS 358.920 and 390.235. (4) Rules or permits shall be made or granted by the State Parks and Recreation Department only after consultation with the State Fish and Wildlife Commission, the State Department of Geology and Mineral Industries and the Department of State Lands. Rules and permits shall contain provisions necessary to protect the areas from any use, activity or practice inimicable to the conservation of natural resources or public recreation. (5) The terms, royalty and duration of a permit under this section are at the discretion of the State Parks and Recreation Department. A permit is revocable at any time in the discretion of the department without liability to the permittee. (6) Whenever the issuance of a permit under this section will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of such permit until such time as the permittee shall have obtained an easement, license or other written authorization from the private owner, which easement, license or other written authority must meet the approval of the department, except as to the compensation to be paid to the private owner. [1969 c.601 §23; 1999 c.373 §7] 390.730 [Formerly 274.090; 1969 c.601 §18; renumbered 390.668] 390.735 [1969 c.601 §25; repealed by 1973 c.642 §13] 390.740 [Formerly 274.100; renumbered 390.665] 390.750 [Formerly 274.110; 1969 c.601 §19; renumbered 390.685] (Vegetation Line) 390.755 Periodic reexamination of vegetation line; department recommendations for adjustment. (1) The State Parks and Recreation Department is directed to periodically reexamine the line of vegetation as established and described by ORS 390.770 for the purpose of obtaining information and material suitable for a re-evaluation and re-definition, if necessary, of such line so that the private and public rights and interest in the ocean shore shall be preserved. (2) The State Parks and Recreation Department may, from time to time, recommend to the Legislative Assembly adjustment of the line described in ORS 390.770. [1969 c.601 §27; 1979 c.186 §24] 390.760 Exceptions from vegetation line. ORS 390.640 does not apply to any state-owned land or to headlands and other lands located at an elevation of more than 16 feet and seaward of a line running between the following designated and numbered points which are more particularly described by ORS 390.770. The elevation mentioned in this section refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947. Point Designation Point Designation and Number and Number From To From To Cl-7-6 Cl-7-7 Cl-7-55 Cl-7-56 Cl-7-10 Cl-7-11 Cl-7-76 Cl-7-77 Cl-7-13 Cl-7-14 Cl-7-115 Cl-7-116 Cl-7-52 Cl-7-53 Cl-7-134 Cl-7-135 Ti-7-3 Ti-7-4 La-7-72 La-7-73 Ti-7-6 Ti-7-7 La-7-87 La-7-88 Ti-7-18 Ti-7-19 Do-8-78 Do-8-79 Ti-7-33 Ti-7-34 Co-7-82 Co-7-83 Ti-7-83 Ti-7-84 Co-7-111 Co-7-112 Ti-7-88 Ti-7-89 Co-7-146 Co-7-147 Ti-7-94 Ti-7-95 Co-7-178 Co-7-179 Ti-7-99 Ti-7-100 Co-7-200 Co-7-201 Ti-7-113 Ti-7-114 Co-7-229 Co-7-230 Ti-7-168 Ti-7-169 Cu-7-25 Cu-7-26 Ti-7-183 Ti-7-184 Cu-7-54 Cu-7-55 Ti-7-249 Ti-7-250 Cu-7-155 Cu-7-156 Li-7-2A Li-7-3 Cu-7-167 Cu-7-167A Li-7-10 Li-7-11 Cu-7-167E Cu-7-168 Li-7-17 Li-7-18 Cu-7-174 Cu-7-175 Li-7-73 Li-7-74 Cu-7-196 Cu-7-197 Li-7-118 Li-7-119 Cu-7-201 Cu-7-202 Li-7-150 Li-7-151 Cu-7-219 Cu-7-220 Li-7-154 Li-7-155 Cu-7-225 Cu-7-226 Li-7-161 Li-7-162 Cu-7-236 Cu-7-237 Li-7-165 Li-7-166 Cu-7-258 Cu-7-259 Li-7-167A Li-7-168 Cu-7-268 Cu-7-269 Li-7-170 Li-7-171 Cu-7-288 Cu-7-289 Li-7-176 Li-7-177 Cu-7-310 Cu-7-311 Li-7-182 Li-7-183 Cu-7-314 Cu-7-315 Li-7-215 Li-7-216 Cu-7-363 Cu-7-364 Li-7-269 Li-7-270 Cu-7-382 Cu-7-383 Li-7-293 Li-7-294 Cu-7-393 Cu-7-394 Li-7-296 Li-7-297 Cu-7-400 Cu-7-401 Li-7-314 Li-7-315 Cu-7-440 Cu-7-441 Li-7-325 Li-7-326 Cu-7-451 Cu-7-452 Li-7-357 Li-7-358 Cu-7-459 Cu-7-460 Li-7-377 Li-7-378 Cu-7-493 Cu-7-494 Li-7-439 La-7-1 Cu-7-513 Cu-7-514 La-7-9 La-7-10 Cu-7-516 Cu-7-517 La-7-19 La-7-20 Cu-7-538 Cu-7-539 La-7-44 La-7-45 Cu-7-557 Cu-7-558 [1969 c.601 §9] 390.770 Vegetation line described. Except for the areas described by ORS 390.760, ORS 390.640 applies to all the land located along the Pacific Ocean between the Columbia River and the Oregon-California boundary between extreme low tide and the lines of vegetation as established and described according to the Oregon Coordinate System, as defined by ORS 93.330, as follows: Beginning near the south jetty of the Columbia River in section 35 of township 9 north, range 11 west of the Willamette Meridian in Clatsop County, Oregon, at a point on the Oregon Coordinate System, north zone, located at y-coordinate 951,840 and x-coordinate 1,112,374, hereby designated point number Cl-7-1; thence from point number Cl-7-1 southerly along the Pacific Coast by a series of straight lines connecting the following designated, numbered and described points in consecutive order to the Oregon-California boundary line near the section line between section 26 of township 41 south, range 13 west of the Willamette Meridian in Curry County, Oregon, and section 32 of township 19 north, range 1 west of the Humboldt Meridian in Del Norte County, California, at a point on the Oregon Coordinate System, south zone, located at y-coordinate 143,339 and x-coordinate 991,832, hereby designated point number Cu-7-634. Oregon Coordinate System, Point north zone Number y-coordinate x-coordinate Cl-7-1 951,840 1,112,374 Cl-7-2 951,448 1,112,500 Cl-7-3 951,011 1,112,297 Cl-7-4 950,883 1,112,300 Cl-7-5 950,172 1,112,573 Cl-7-6 947,537 1,113,734 Description of Location of Point Number Cl-7-6: A point near the north boundary of Fort Stevens State Park located in section 1 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County. Cl-7-7 938,451 1,117,616 Description of Location of Point Number Cl-7-7: A point near the south boundary of Fort Stevens State Park located in section 12 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County. Cl-7-8 938,232 1,117,707 Cl-7-9 936,446 1,118,379 Cl-7-10 934,923 1,118,944 Description of Location of Point Number Cl-7-10: A point near the north boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-11 934,462 1,119,114 Description of Location of Point Number Cl-7-11: A point near the south boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-12 928,335 1,121,309 Cl-7-13 924,266 1,122,688 Description of Location of Point Number Cl-7-13: A point near the north boundary of Camp Rilea located in section 30 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-14 907,691 1,127,287 Description of Location of Point Number Cl-7-14: A point near the south boundary of Camp Rilea near the section line between sections 8 and 9 of township 7 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-14A 907,381 1,127,433 Cl-7-14B 907,016 1,127,370 Cl-7-14C 906,835 1,127,526 Cl-7-15 905,439 1,127,761 Cl-7-16 904,776 1,127,962 Cl-7-17 903,245 1,128,184 Cl-7-18 902,731 1,128,287 Cl-7-19 901,368 1,128,474 Cl-7-20 898,590 1,128,920 Cl-7-21 896,168 1,129,206 Cl-7-22 890,480 1,129,617 Cl-7-23 887,910 1,129,729 Cl-7-24 886,521 1,129,795 Cl-7-25 884,198 1,129,862 Cl-7-26 881,377 1,129,860 Cl-7-26A 880,815 1,129,949 Cl-7-27 880,455 1,129,849 Cl-7-28 875,597 1,129,783 Cl-7-29 875,155 1,129,814 Cl-7-30 874,962 1,129,941 Cl-7-31 874,833 1,130,075 Cl-7-32 874,742 1,130,275 Cl-7-33 871,379 1,129,723 Cl-7-34 870,596 1,129,609 Cl-7-35 869,710 1,129,493 Cl-7-36 869,355 1,129,382 Cl-7-37 868,555 1,129,147 Cl-7-38 866,858 1,128,737 Cl-7-38A 866,773 1,128,608 Cl-7-39 866,671 1,128,687 Cl-7-39A 865,842 1,128,515 Cl-7-39B 865,648 1,128,349 Cl-7-40 864,302 1,128,029 Cl-7-41 861,388 1,127,089 Cl-7-42 860,891 1,126,818 Cl-7-43 860,700 1,126,612 Cl-7-44 860,343 1,125,571 Cl-7-45 860,321 1,125,395 Cl-7-46 860,345 1,125,062 Cl-7-47 860,402 1,124,721 Cl-7-48 860,470 1,123,656 Cl-7-49 860,541 1,122,956 Cl-7-50 860,092 1,121,701 Cl-7-51 859,879 1,120,816 Cl-7-52 859,663 1,120,509 Description of Location of Point Number Cl-7-52: A point about one mile southwest of the City of Seaside near the north boundary of Ecola State Park near the section line between sections 29 and 30 of township 6 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-53 837,531 1,117,635 Description of Location of Point Number Cl-7-53: A point on the south side of Tillamook Head near the south boundary of Ecola State Park and near the section line between sections 18 and 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-54 836,827 1,117,747 Cl-7-55 836,688 1,117,698 Description of Location of Point Number Cl-7-55: A point near the north end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-56 836,403 1,118,094 Description of Location of Point Number Cl-7-56: A point near the southerly end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-57 836,120 1,118,264 Cl-7-58 835,661 1,118,331 Cl-7-59 834,401 1,118,606 Cl-7-60 834,031 1,118,861 Cl-7-61 833,909 1,119,099 Cl-7-61A 834,060 1,119,301 Cl-7-61B 833,170 1,119,289 Cl-7-61C 832,879 1,119,119 Cl-7-62 832,264 1,118,827 Cl-7-63 832,218 1,118,765 Cl-7-64 832,149 1,118,742 Cl-7-65 829,701 1,118,589 Cl-7-66 829,700 1,118,517 Cl-7-67 829,402 1,118,489 Cl-7-68 829,269 1,118,565 Cl-7-69 827,556 1,118,329 Cl-7-70 827,311 1,118,328 Cl-7-71 826,952 1,118,395 Cl-7-72 826,854 1,118,402 Cl-7-73 826,694 1,118,493 Cl-7-73A 826,041 1,118,595 Cl-7-74 825,540 1,118,654 Cl-7-74A 825,033 1,118,704 Cl-7-75 824,406 1,118,749 Cl-7-75A 823,916 1,118,765 Cl-7-76 823,394 1,118,783 Description of Location of Point Number Cl-7-76: A point near the north boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-77 823,162 1,118,834 Description of Location of Point Number Cl-7-77: A point near the south boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-78 823,122 1,118,777 Cl-7-79 821,713 1,118,737 Cl-7-80 820,798 1,118,662 Cl-7-81 820,616 1,118,628 Cl-7-82 819,990 1,118,570 Cl-7-83 818,487 1,118,346 Cl-7-84 818,253 1,118,281 Cl-7-85 818,178 1,118,235 Cl-7-86 818,148 1,118,247 Cl-7-87 817,898 1,118,169 Cl-7-88 817,684 1,118,011 Cl-7-89 817,465 1,117,948 Cl-7-90 817,171 1,118,071 Cl-7-91 815,636 1,118,331 Cl-7-92 815,260 1,118,392 Cl-7-93 814,848 1,118,435 Cl-7-94 814,409 1,118,513 Cl-7-94A 814,169 1,118,279 Cl-7-95 814,083 1,118,612 Cl-7-96 813,912 1,118,660 Cl-7-97 812,767 1,118,680 Cl-7-98 811,143 1,118,543 Cl-7-99 810,457 1,118,473 Cl-7-100 809,795 1,118,455 Cl-7-101 809,529 1,118,398 Cl-7-102 809,522 1,118,298 Cl-7-103 809,366 1,118,376 Cl-7-104 809,342 1,118,314 Cl-7-105 809,254 1,118,366 Cl-7-106 808,991 1,118,326 Cl-7-107 808,579 1,118,341 Cl-7-108 808,559 1,118,262 Cl-7-109 808,368 1,118,263 Cl-7-110 808,288 1,118,189 Cl-7-111 808,212 1,118,226 Cl-7-112 808,168 1,118,031 Cl-7-112A 808,319 1,117,849 Cl-7-112B 808,236 1,117,789 Cl-7-112C 808,036 1,117,904 Cl-7-112D 808,021 1,118,029 Cl-7-113 807,723 1,117,985 Cl-7-114 807,577 1,118,182 Cl-7-114A 807,492 1,118,167 Cl-7-114B 807,302 1,117,900 Cl-7-114C 807,197 1,117,960 Cl-7-114D 807,246 1,118,131 Cl-7-115 806,972 1,118,108 Description of Location of Point Number Cl-7-115: A point near the north boundary of Hug Point Park located in section 18 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-116 806,841 1,118,094 Description of Location of Point Number Cl-7-116: A point near the south boundary of Hug Point Park located near the section line between sections 18 and 19 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-117 806,272 1,118,031 Cl-7-118 806,178 1,117,848 Cl-7-118A 806,026 1,117,849 Cl-7-119 805,789 1,118,058 Cl-7-120 805,431 1,117,949 Cl-7-120A 805,367 1,117,779 Cl-7-121 805,296 1,117,776 Cl-7-122 805,158 1,117,930 Cl-7-123 805,092 1,117,892 Cl-7-124 802,212 1,117,559 Cl-7-125 802,079 1,117,577 Cl-7-126 801,380 1,117,374 Cl-7-127 801,289 1,117,358 Cl-7-128 801,274 1,117,370 Cl-7-129 799,987 1,117,070 Cl-7-130 798,430 1,116,632 Cl-7-131 797,966 1,116,576 Cl-7-132 797,940 1,116,740 Cl-7-133 797,778 1,116,650 Cl-7-134 797,699 1,116,278 Description of Location of Point Number Cl-7-134: A point at the north end of the headlands at Arch Cape located near the section line between section 25 of township 4 north, range 11 west of the Willamette Meridian and section 30 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-135 795,909 1,116,145 Description of Location of Point Number Cl-7-135: A point near the south boundary of Oswald West State Park located near the section corner common to sections 25 and 36 of township 4 north, range 11 west of the Willamette Meridian and sections 30 and 31 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County. Cl-7-136 794,385 1,115,979 Cl-7-137 793,087 1,115,939 Cl-7-138 792,118 1,115,833 Cl-7-139 790,613 1,115,650 Description of Location of Point Number Cl-7-139: A point near the Clatsop-Tillamook county line. Ti-7-1 790,200 1,115,606 Ti-7-2 789,633 1,115,579 Ti-7-3 789,412 1,115,471 Description of Location of Point Number Ti-7-3: A point at the south end of Cove Beach at the north end of the headlands on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-4 788,172 1,114,325 Description of Location of Point Number Ti-7-4: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-4A 787,945 1,114,326 Ti-7-5 787,735 1,114,247 Ti-7-6 787,429 1,113,987 Description of Location of Point Number Ti-7-6: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-7 774,737 1,118,436 Description of Location of Point Number Ti-7-7: A point near the south boundary of Oswald West State Park located near the section line between sections 18 and 19 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County. Ti-7-7A 774,503 1,118,717 Ti-7-8 774,092 1,119,050 Ti-7-8A 773,444 1,119,807 Ti-7-9 773,224 1,120,065 Ti-7-10 772,706 1,120,476 Ti-7-11 771,558 1,121,062 Ti-7-12 770,506 1,121,228 Ti-7-13 769,862 1,121,397 Ti-7-14 766,603 1,121,776 Ti-7-15 764,859 1,121,874 Ti-7-16 763,268 1,121,881 Ti-7-17 762,624 1,121,940 Ti-7-18 761,335 1,121,889 Description of Location of Point Number Ti-7-18: A point near the north boundary of Nehalem Bay Park located in section 32 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County. Ti-7-19 745,172 1,122,047 Description of Location of Point Number Ti-7-19: A point near the south boundary of Nehalem Bay Park near the south end of Nehalem Bay sand spit located in section 17 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County. Ti-7-19A 743,930 1,122,166 Ti-7-20 743,294 1,121,234 Ti-7-21 742,843 1,120,931 Ti-7-22 742,511 1,120,795 Ti-7-23 737,706 1,120,158 Ti-7-24 737,364 1,120,200 Ti-7-25 737,006 1,120,377 Ti-7-26 736,659 1,120,284 Ti-7-27 736,605 1,120,194 Ti-7-28 736,195 1,119,992 Ti-7-29 735,826 1,119,914 Ti-7-30 732,728 1,119,396 Ti-7-31 730,623 1,119,099 Ti-7-32 729,193 1,118,966 Ti-7-32A 728,795 1,119,058 Ti-7-33 728,495 1,119,026 Description of Location of Point Number Ti-7-33: A point near the north boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County. Ti-7-34 728,315 1,118,986 Description of Location of Point Number Ti-7-34: A point near the south boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County. Ti-7-35 728,102 1,118,837 Ti-7-36 727,685 1,118,765 Ti-7-37 727,585 1,118,689 Ti-7-38 726,959 1,118,586 Ti-7-39 726,532 1,118,711 Ti-7-40 725,838 1,118,610 Ti-7-41 725,699 1,118,588 Ti-7-42 725,611 1,118,578 Ti-7-43 725,148 1,118,201 Ti-7-44 724,087 1,117,923 Ti-7-45 723,843 1,117,852 Ti-7-46 723,687 1,117,804 Ti-7-47 723,393 1,117,689 Ti-7-48 722,609 1,117,479 Ti-7-49 721,882 1,117,853 Ti-7-50 721,363 1,117,492 Ti-7-51 720,771 1,117,726 Ti-7-51A 720,313 1,117,712 Ti-7-52 719,839 1,117,130 Ti-7-53 717,383 1,116,446 Ti-7-54 716,779 1,116,324 Ti-7-55 715,094 1,115,787 Ti-7-56 714,694 1,115,710 Ti-7-57 713,732 1,115,426 Ti-7-58 713,010 1,115,320 Ti-7-59 706,624 1,117,487 Ti-7-60 706,305 1,117,368 Ti-7-61 705,591 1,117,212 Ti-7-62 702,813 1,116,623 Ti-7-63 701,988 1,116,474 Ti-7-64 700,758 1,116,213 Ti-7-65 700,641 1,116,216 Ti-7-66 698,359 1,115,831 Ti-7-67 698,018 1,115,766 Ti-7-68 697,730 1,115,742 Ti-7-69 695,285 1,115,488 Ti-7-70 694,014 1,115,269 Ti-7-71 693,995 1,115,417 Ti-7-72 693,046 1,115,096 Ti-7-73 691,876 1,114,912 Ti-7-74 691,096 1,114,625 Ti-7-75 689,408 1,114,216 Ti-7-76 689,446 1,114,088 Ti-7-77 689,181 1,113,946 Ti-7-78 688,875 1,113,877 Ti-7-78A 688,251 1,113,654 Ti-7-78B 688,240 1,113,576 Ti-7-79 688,088 1,113,584 Ti-7-80 688,103 1,113,499 Ti-7-81 686,504 1,112,939 Ti-7-82 686,060 1,112,666 Ti-7-83 685,568 1,112,260 Description of Location of Point Number Ti-7-83: A point near the north end of the headlands on the north side of Cape Meares located in section 7 of township 1 south, range 10 west of the Willamette Meridian in Tillamook County. Ti-7-84 679,993 1,110,563 Description of Location of Point Number Ti-7-84: A point near the south boundary of Cape Meares Park and near the section line located between sections 13 and 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-85 679,740 1,110,651 Ti-7-86 679,286 1,110,648 Ti-7-87 677,505 1,110,400 Ti-7-88 677,287 1,110,279 Description of Location of Point Number Ti-7-88: A point near the north end of the headlands at the south end of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-89 676,698 1,110,158 Description of Location of Point Number Ti-7-89: A point near the south end of the headlands south of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-90 676,630 1,110,189 Ti-7-91 676,425 1,110,168 Ti-7-92 676,188 1,110,063 Ti-7-93 675,777 1,109,741 Ti-7-94 675,643 1,109,518 Description of Location of Point Number Ti-7-94: A point near the north end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-95 675,616 1,109,371 Description of Location of Point Number Ti-7-95: A point near the south end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-96 675,441 1,109,359 Ti-7-97 675,010 1,109,250 Ti-7-98 674,787 1,109,383 Ti-7-99 673,979 1,109,562 Description of Location of Point Number Ti-7-99: A point near the north end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-100 673,842 1,109,669 Description of Location of Point Number Ti-7-100: A point near the south end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-101 673,809 1,109,771 Ti-7-102 673,653 1,109,909 Ti-7-103 673,071 1,110,205 Ti-7-104 672,307 1,110,537 Ti-7-105 671,227 1,110,895 Ti-7-106 670,370 1,111,117 Ti-7-107 670,090 1,111,168 Ti-7-108 669,605 1,111,341 Ti-7-109 668,224 1,111,600 Ti-7-110 667,215 1,112,239 Ti-7-111 666,578 1,112,749 Ti-7-112 666,252 1,112,937 Ti-7-112A 665,808 1,113,364 Ti-7-112B 665,466 1,113,850 Ti-7-113 662,710 1,113,335 Description of Location of Point Number Ti-7-113: A point near the north end of the Netarts Bay sand spit located in section 6 of township 2 south, range 10 west of the Willamette Meridian in Tillamook County. Ti-7-114 628,256 1,107,235 Description of Location of Point Number Ti-7-114: A point near the south end of the headlands on the south side of Cape Lookout located in section 1 of township 3 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-115 628,048 1,107,599 Ti-7-116 627,769 1,107,736 Ti-7-117 623,918 1,108,889 Ti-7-118 623,459 1,108,997 Ti-7-119 622,032 1,109,287 Ti-7-120 621,511 1,109,345 Ti-7-121 620,938 1,109,441 Ti-7-122 619,547 1,109,539 Ti-7-123 618,468 1,109,563 Ti-7-124 617,144 1,109,557 Ti-7-125 616,033 1,109,533 Ti-7-126 615,652 1,109,506 Ti-7-127 613,316 1,109,441 Ti-7-128 611,375 1,109,312 Ti-7-129 611,076 1,109,287 Ti-7-130 610,497 1,109,309 Ti-7-131 610,236 1,109,255 Ti-7-132 608,446 1,109,185 Ti-7-133 607,963 1,109,235 Ti-7-134 607,726 1,109,270 Ti-7-135 607,570 1,109,326 Ti-7-136 607,363 1,109,441 Ti-7-137 607,271 1,109,574 Ti-7-138 607,215 1,109,756 Ti-7-138A 606,590 1,110,203 Ti-7-138B 605,488 1,110,094 Ti-7-139 605,446 1,109,729 Ti-7-140 605,357 1,109,499 Ti-7-141 604,728 1,108,965 Ti-7-142 603,187 1,108,572 Ti-7-143 601,827 1,108,353 Ti-7-144 601,528 1,108,275 Ti-7-145 600,384 1,108,160 Ti-7-146 597,511 1,107,747 Ti-7-147 596,001 1,107,589 Ti-7-148 595,439 1,107,538 Ti-7-149 595,111 1,107,567 Ti-7-150 594,576 1,107,360 Ti-7-151 593,266 1,107,033 Ti-7-152 592,923 1,106,907 Ti-7-153 592,375 1,106,812 Ti-7-154 592,043 1,106,723 Ti-7-155 591,495 1,106,642 Ti-7-156 591,069 1,106,555 Ti-7-157 590,917 1,106,452 Ti-7-158 590,692 1,106,577 Ti-7-159 589,950 1,106,387 Ti-7-160 589,555 1,106,357 Ti-7-161 589,508 1,106,294 Ti-7-162 588,511 1,106,271 Ti-7-163 588,166 1,106,184 Ti-7-164 587,443 1,105,946 Ti-7-165 586,940 1,105,880 Ti-7-166 586,541 1,105,690 Ti-7-167 586,307 1,105,425 Ti-7-168 586,275 1,105,303 Description of Location of Point Number Ti-7-168: A point near the north end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-169 584,879 1,105,024 Description of Location of Point Number Ti-7-169: A point near the south end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-170 584,943 1,105,176 Ti-7-171 584,920 1,105,306 Ti-7-172 584,785 1,105,489 Ti-7-173 584,486 1,105,725 Ti-7-174 584,067 1,105,949 Ti-7-175 583,794 1,106,060 Ti-7-176 582,447 1,106,291 Ti-7-177 581,986 1,106,320 Ti-7-178 580,712 1,106,517 Ti-7-179 579,529 1,106,630 Ti-7-180 578,628 1,106,654 Ti-7-181 577,896 1,106,615 Ti-7-182 577,310 1,106,645 Ti-7-183 576,545 1,106,588 Description of Location of Point Number Ti-7-183: A point near the north boundary of the Nestucca Spit Park located in section 25 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-184 563,870 1,105,586 Description of Location of Point Number Ti-7-184: A point near the south end of the Nestucca Bay sand spit located in section 1 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-185 563,121 1,105,422 Ti-7-186 562,775 1,105,342 Ti-7-187 562,449 1,104,966 Ti-7-188 562,278 1,104,854 Ti-7-189 561,494 1,104,672 Ti-7-190 561,308 1,104,578 Ti-7-191 560,941 1,104,548 Ti-7-192 560,790 1,104,497 Ti-7-193 560,754 1,104,397 Ti-7-194 560,593 1,104,376 Ti-7-195 560,372 1,104,290 Ti-7-196 560,241 1,104,283 Ti-7-197 560,241 1,104,363 Ti-7-198 560,165 1,104,416 Ti-7-199 559,565 1,104,234 Ti-7-200 558,914 1,104,283 Ti-7-201 558,132 1,104,133 Ti-7-202 557,720 1,104,136 Ti-7-203 557,416 1,104,200 Ti-7-204 557,271 1,104,163 Ti-7-205 557,145 1,104,234 Ti-7-206 556,767 1,104,137 Ti-7-207 556,598 1,103,953 Ti-7-208 556,495 1,103,660 Ti-7-209 556,206 1,103,587 Ti-7-210 555,796 1,103,647 Ti-7-210A 555,558 1,103,839 Ti-7-210B 555,399 1,103,485 Ti-7-211 555,268 1,103,430 Ti-7-212 555,080 1,103,479 Ti-7-213 554,132 1,103,160 Ti-7-214 553,822 1,103,024 Ti-7-215 552,907 1,103,002 Ti-7-216 552,509 1,102,822 Ti-7-217 552,330 1,102,906 Ti-7-218 552,144 1,102,790 Ti-7-219 551,268 1,102,583 Ti-7-220 550,789 1,102,443 Ti-7-221 550,365 1,102,446 Ti-7-222 550,132 1,102,342 Ti-7-223 549,616 1,102,223 Ti-7-224 549,021 1,102,086 Ti-7-225 548,515 1,102,174 Ti-7-226 548,045 1,101,928 Ti-7-227 547,650 1,101,841 Ti-7-228 547,137 1,101,762 Ti-7-229 546,721 1,101,592 Ti-7-230 546,598 1,101,590 Ti-7-231 546,179 1,101,457 Ti-7-232 545,927 1,101,496 Ti-7-233 545,736 1,101,282 Ti-7-234 545,227 1,101,182 Ti-7-234A 544,521 1,100,882 Ti-7-235 544,030 1,100,781 Ti-7-236 543,486 1,100,741 Ti-7-237 543,049 1,100,540 Ti-7-238 542,679 1,100,713 Ti-7-239 542,576 1,100,809 Ti-7-239A 542,571 1,100,910 Ti-7-239B 542,633 1,100,971 Ti-7-239C 542,222 1,101,135 Ti-7-240 541,526 1,100,550 Ti-7-241 541,447 1,100,496 Ti-7-242 541,422 1,100,430 Ti-7-243 540,945 1,100,110 Ti-7-244 540,457 1,100,012 Ti-7-245 540,099 1,099,832 Ti-7-246 539,845 1,099,625 Ti-7-247 539,847 1,099,586 Ti-7-248 539,744 1,099,482 Ti-7-249 539,703 1,099,466 Description of Location of Point Number Ti-7-249: A point near the north end of the headlands on the north side of Cascade Head located in section 35 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-250 523,326 1,094,861 Description of Location of Point Number Ti-7-250: A point near the east end of the headlands on the south side of Cascade Head located in section 14 of township 6 south, range 11 west of the Willamette Meridian in Tillamook County. Ti-7-250A 522,807 1,095,300 Ti-7-250B 522,247 1,095,417 Ti-7-251 522,189 1,095,089 Ti-7-252 521,960 1,094,886 Li-7-1 521,877 1,094,819 Description of Location of Point Number Li-7-1: A point near the Tillamook-Lincoln county line. Li-7-2 519,691 1,094,773 Li-7-2A 519,502 1,094,647 Description of Location of Point Number Li-7-2A: A point near the north end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-3 519,537 1,094,519 Description of Location of Point Number Li-7-3: A point near the southwest end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-4 519,263 1,094,410 Li-7-5 519,133 1,094,540 Li-7-6 518,997 1,094,408 Li-7-7 518,796 1,094,379 Li-7-8 518,587 1,094,221 Li-7-9 518,396 1,093,880 Li-7-10 518,408 1,093,725 Description of Location of Point Number Li-7-10: A point near the north end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-11 518,136 1,093,626 Description of Location of Point Number Li-7-11: A point near the south end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-12 518,059 1,093,671 Li-7-13 517,822 1,093,636 Li-7-14 517,635 1,093,559 Li-7-15 517,461 1,093,343 Li-7-16 517,415 1,093,152 Li-7-17 517,434 1,092,979 Description of Location of Point Number Li-7-17: A point near the north end of the headlands north of the Town of Road’s End located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-18 515,292 1,092,596 Description of Location of Point Number Li-7-18: A point near the south end of the headlands north of the Town of Road’s End located in section 27 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-19 515,261 1,092,731 Li-7-20 515,117 1,092,921 Li-7-21 515,021 1,093,010 Li-7-22 514,830 1,093,127 Li-7-23 514,602 1,093,209 Li-7-24 514,370 1,093,270 Li-7-25 514,191 1,093,279 Li-7-26 513,830 1,093,339 Li-7-27 513,491 1,093,357 Li-7-28 512,314 1,093,322 Li-7-29 512,224 1,093,336 Li-7-30 510,514 1,093,245 Li-7-31 509,812 1,093,179 Li-7-32 509,682 1,093,143 Li-7-33 509,435 1,093,101 Li-7-34 509,375 1,093,122 Li-7-35 509,069 1,093,034 Li-7-36 508,017 1,092,828 Li-7-37 506,696 1,092,542 Li-7-38 504,869 1,092,195 Li-7-39 504,734 1,092,146 Li-7-40 504,400 1,092,088 Li-7-41 504,271 1,092,007 Li-7-42 504,166 1,091,988 Li-7-43 504,008 1,092,005 Li-7-44 503,674 1,091,912 Li-7-45 503,312 1,091,872 Li-7-46 503,204 1,091,869 Li-7-47 502,847 1,091,774 Li-7-48 502,714 1,091,763 Li-7-49 502,386 1,091,756 Li-7-50 502,225 1,091,693 Li-7-51 502,143 1,091,693 Li-7-52 502,088 1,091,657 Li-7-53 501,988 1,091,631 Li-7-54 501,944 1,091,624 Li-7-55 501,722 1,091,592 Li-7-56 501,588 1,091,528 Li-7-57 501,497 1,091,503 Li-7-58 501,390 1,091,497 Li-7-59 501,365 1,091,486 Li-7-60 501,321 1,091,474 Li-7-61 501,298 1,091,463 Li-7-62 500,850 1,091,391 Li-7-63 500,718 1,091,411 Li-7-64 499,879 1,091,274 Li-7-65 499,385 1,091,157 Li-7-66 498,670 1,091,061 Li-7-67 497,823 1,090,866 Li-7-68 497,233 1,090,690 Li-7-69 496,422 1,090,594 Li-7-70 495,945 1,090,488 Li-7-71 494,473 1,090,275 Li-7-72 494,420 1,090,363 Li-7-73 494,284 1,090,309 Description of Location of Point Number Li-7-73: A point near the north boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-74 493,843 1,090,125 Description of Location of Point Number Li-7-74: A point near the south boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-75 493,814 1,090,060 Li-7-76 492,402 1,089,616 Li-7-77 491,260 1,089,342 Li-7-78 491,166 1,089,322 Li-7-79 490,870 1,089,247 Li-7-80 489,928 1,089,005 Li-7-81 489,620 1,088,961 Li-7-82 488,669 1,088,949 Li-7-82A 488,637 1,088,889 Li-7-83 488,075 1,088,663 Li-7-84 487,626 1,088,428 Li-7-85 486,116 1,088,374 Li-7-86 485,659 1,088,303 Li-7-87 485,091 1,088,202 Li-7-88 484,395 1,088,116 Li-7-89 484,358 1,088,149 Li-7-90 484,251 1,088,115 Li-7-91 483,284 1,087,949 Li-7-92 482,954 1,087,979 Li-7-93 482,712 1,087,963 Li-7-94 482,628 1,087,904 Li-7-95 482,564 1,088,018 Li-7-96 482,139 1,088,011 Li-7-97 480,591 1,087,794 Li-7-98 480,279 1,087,846 Li-7-98A 480,081 1,087,939 Li-7-98B 479,857 1,088,114 Li-7-98C 479,781 1,088,257 Li-7-98D 479,611 1,088,768 Li-7-98E 478,500 1,088,109 Li-7-99 478,397 1,087,758 Li-7-100 478,143 1,087,509 Li-7-101 476,617 1,086,979 Li-7-102 475,960 1,086,770 Li-7-103 474,682 1,086,574 Li-7-104 472,997 1,086,230 Li-7-104A 471,682 1,085,904 Li-7-105 471,222 1,085,803 Li-7-106 469,714 1,085,429 Li-7-107 468,683 1,085,187 Li-7-108 467,756 1,084,910 Li-7-108A 466,950 1,084,728 Li-7-109 466,375 1,084,556 Li-7-110 465,880 1,084,494 Li-7-111 464,770 1,084,177 Li-7-112 463,989 1,084,045 Li-7-113 463,900 1,084,075 Li-7-114 463,616 1,083,926 Li-7-115 463,441 1,083,928 Li-7-116 462,754 1,083,621 Li-7-117 461,686 1,083,458 Li-7-118 461,447 1,083,355 Description of Location of Point Number Li-7-118: A point near the north boundary of Gleneden Beach State Wayside located in section 16 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-119 460,819 1,083,224 Description of Location of Point Number Li-7-119: A point near the south boundary of Gleneden Beach State Wayside located in section 16 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-120 460,676 1,083,165 Li-7-121 460,619 1,083,189 Li-7-122 460,479 1,083,124 Li-7-123 459,842 1,083,160 Li-7-124 459,810 1,083,056 Li-7-125 459,526 1,082,851 Li-7-126 458,278 1,082,499 Li-7-127 457,957 1,082,503 Li-7-128 457,823 1,082,373 Li-7-129 457,388 1,082,257 Li-7-130 457,345 1,082,264 Li-7-131 456,943 1,082,145 Li-7-132 456,756 1,082,195 Li-7-133 456,730 1,082,131 Li-7-134 456,340 1,081,936 Li-7-135 455,440 1,081,686 Li-7-136 455,234 1,081,688 Li-7-137 455,151 1,081,688 Li-7-138 454,875 1,081,542 Li-7-139 454,469 1,081,462 Li-7-140 454,339 1,081,439 Li-7-141 454,258 1,081,423 Li-7-142 453,718 1,081,178 Li-7-143 453,426 1,081,102 Li-7-144 452,947 1,081,025 Li-7-145 452,852 1,080,925 Li-7-146 451,855 1,080,644 Li-7-147 451,729 1,080,569 Li-7-148 451,344 1,080,438 Li-7-149 451,162 1,080,331 Li-7-150 451,005 1,080,288 Description of Location of Point Number Li-7-150: A point near the north boundary of Lincoln Beach State Wayside located in section 28 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-151 450,586 1,080,122 Description of Location of Point Number Li-7-151: A point near the south boundary of Lincoln Beach State Wayside located in section 28 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-152 450,196 1,079,877 Li-7-153 450,126 1,079,731 Li-7-154 450,167 1,079,513 Description of Location of Point Number Li-7-154:A point near the north end of the headlands on the north side of Fishing Rock located in section 29 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-155 449,614 1,079,632 Description of Location of Point Number Li-7-155: A point near the south end of the headlands on the south side of Fishing Rock located in section 29 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-156 449,234 1,079,367 Li-7-157 448,636 1,079,264 Li-7-158 448,598 1,079,333 Li-7-159 448,314 1,079,308 Li-7-160 448,214 1,079,378 Li-7-161 448,095 1,079,385 Description of Location of Point Number Li-7-161: A point near the north boundary of Fogarty Creek State Park located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-162 447,462 1,079,064 Description of Location of Point Number Li-7-162: A point near the south boundary of Fogarty Creek State Park located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-163 447,359 1,078,881 Li-7-164 447,289 1,078,862 Li-7-165 447,192 1,078,622 Description of Location of Point Number Li-7-165: A point near the north end of the headlands on the north side of Boiler Bay located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-166 430,584 1,073,460 Description of Location of Point Number Li-7-166: A point near the northwest end of the headlands on the north side of Whale Cove located in section 18 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-166A 430,612 1,073,565 Li-7-166B 430,470 1,073,776 Li-7-166C 430,518 1,073,943 Li-7-167 430,432 1,074,035 Li-7-167A 430,274 1,074,000 Description of Location of Point Number Li-7-167A: A point near the southeast end of a short sand beach on the northeast side of Whale Cove located in section 17 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-168 416,791 1,074,778 Description of Location of Point Number Li-7-168:A point near the south end of the headlands south of Otter Crest located in section 29 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-169 416,481 1,074,645 Li-7-170 416,355 1,074,507 Description of Location of Point Number Li-7-170: A point near the north end of the headlands north of Devil’s Punch Bowl located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-171 415,895 1,074,529 Description of Location of Point Number Li-7-171: A point near the south end of the headlands north of Devil’s Punch Bowl located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-172 415,863 1,074,660 Li-7-173 415,268 1,074,655 Li-7-174 414,849 1,074,703 Li-7-175 414,615 1,074,584 Li-7-176 414,600 1,074,476 Description of Location of Point Number Li-7-176: A point near the north end of the headlands at Otter Rock located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-177 413,971 1,075,294 Description of Location of Point Number Li-7-177: A point near the south end of the headlands at Otter Rock located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-178 413,506 1,075,645 Li-7-179 412,961 1,075,950 Li-7-180 412,559 1,076,104 Li-7-181 411,922 1,076,232 Li-7-182 411,277 1,076,281 Description of Location of Point Number Li-7-182: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-183 398,161 1,074,515 Description of Location of Point Number Li-7-183: A point near Moloch Creek located in section 17 of township 10 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-184 397,774 1,074,441 Li-7-185 397,597 1,074,358 Li-7-186 397,330 1,074,317 Li-7-187 397,266 1,074,257 Li-7-188 397,004 1,074,240 Li-7-189 396,996 1,074,177 Li-7-190 396,723 1,074,107 Li-7-191 396,479 1,074,084 Li-7-192 396,049 1,073,960 Li-7-193 396,026 1,073,913 Li-7-194 395,585 1,073,817 Li-7-195 395,339 1,073,746 Li-7-195A 395,290 1,073,652 Li-7-195B 395,205 1,073,696 Li-7-196 395,015 1,073,632 Li-7-197 394,516 1,073,514 Li-7-198 394,167 1,073,394 Li-7-199 393,827 1,073,198 Li-7-200 393,720 1,073,104 Li-7-201 393,129 1,073,076 Li-7-202 392,896 1,073,021 Li-7-203 392,787 1,072,999 Li-7-204 392,709 1,072,972 Li-7-205 392,212 1,072,892 Li-7-206 391,492 1,072,659 Li-7-207 391,328 1,072,630 Li-7-208 390,819 1,072,450 Li-7-209 390,258 1,072,167 Li-7-210 390,118 1,072,149 Li-7-211 389,984 1,072,013 Li-7-212 389,313 1,071,566 Li-7-213 389,069 1,071,264 Li-7-214 388,955 1,071,051 Li-7-215 388,946 1,070,768 Description of Location of Point Number Li-7-215: A point near the north end of the headlands on the north side of Yaquina Head located in section 30 of township 10 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-216 387,772 1,073,534 Description of Location of Point Number Li-7-216: A point near the southeast end of the headlands on the south side of Yaquina Head located in section 29 of township 10 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-217 387,563 1,073,912 Li-7-218 387,386 1,074,085 Li-7-219 387,128 1,074,260 Li-7-220 386,676 1,074,440 Li-7-221 386,012 1,074,651 Li-7-222 385,108 1,074,857 Li-7-223 384,494 1,074,912 Li-7-223A 384,156 1,074,959 Li-7-224 383,966 1,075,015 Li-7-225 383,702 1,075,148 Li-7-226 383,577 1,075,050 Li-7-227 383,213 1,074,990 Li-7-228 382,719 1,074,996 Li-7-229 382,476 1,075,069 Li-7-230 382,105 1,075,222 Li-7-231 382,036 1,075,230 Li-7-232 381,708 1,074,913 Li-7-233 381,443 1,074,806 Li-7-234 380,262 1,074,523 Li-7-235 379,963 1,074,392 Li-7-236 379,795 1,074,402 Li-7-237 379,148 1,074,225 Li-7-238 378,944 1,074,198 Li-7-239 378,034 1,074,043 Li-7-240 377,914 1,073,941 Li-7-241 377,641 1,073,892 Li-7-242 377,310 1,073,746 Li-7-243 377,291 1,073,577 Li-7-243A 377,167 1,073,496 Li-7-243B 377,031 1,073,571 Li-7-244 376,880 1,073,574 Li-7-245 376,584 1,073,490 Li-7-246 375,537 1,073,472 Li-7-247 375,067 1,073,373 Li-7-248 375,072 1,073,290 Li-7-249 374,935 1,073,281 Li-7-250 374,920 1,073,300 Li-7-251 374,783 1,073,293 Li-7-252 374,324 1,073,158 Li-7-253 374,089 1,073,032 Li-7-254 374,016 1,072,856 Li-7-255 373,826 1,072,845 Li-7-256 373,821 1,072,880 Li-7-257 373,184 1,072,824 Li-7-258 373,116 1,072,886 Li-7-259 372,539 1,072,719 Li-7-260 372,411 1,072,706 Li-7-261 371,864 1,072,554 Li-7-262 371,541 1,072,396 Li-7-263 370,453 1,072,227 Li-7-264 369,991 1,072,262 Li-7-265 369,852 1,072,347 Li-7-266 369,368 1,072,602 Li-7-266A 368,949 1,073,035 Li-7-267 367,806 1,072,273 Li-7-268 365,746 1,071,373 Li-7-269 365,649 1,071,378 Description of Location of Point Number Li-7-269: A point near the south jetty at the entrance to Yaquina Bay located in section 18 of township 11 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-270 360,495 1,071,556 Description of Location of Point Number Li-7-270:A point near the south boundary of the South Newport Park located in section 19 of township 11 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-271 358,777 1,071,368 Li-7-272 357,591 1,071,246 Li-7-273 357,104 1,071,144 Li-7-274 356,080 1,071,008 Li-7-275 355,648 1,071,008 Li-7-276 354,873 1,070,907 Li-7-277 353,593 1,070,800 Li-7-278 353,505 1,070,756 Li-7-279 353,174 1,070,667 Li-7-280 352,967 1,070,584 Li-7-281 352,466 1,070,600 Li-7-282 351,458 1,070,441 Li-7-283 350,947 1,070,421 Li-7-284 350,775 1,070,438 Li-7-285 350,420 1,070,324 Li-7-286 350,027 1,070,278 Li-7-287 349,666 1,070,202 Li-7-288 348,278 1,070,067 Li-7-289 347,871 1,070,120 Li-7-290 347,063 1,069,889 Li-7-291 346,876 1,069,885 Li-7-292 346,841 1,069,757 Li-7-293 346,124 1,069,672 Description of Location of Point Number Li-7-293: A point near the north boundary of Lost Creek Park located in section 6 of township 12 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-294 339,166 1,068,589 Description of Location of Point Number Li-7-294: A point near the south boundary of Lost Creek Park located in section 7 of township 12 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-295 337,635 1,068,437 Li-7-295A 337,344 1,068,375 Li-7-296 336,132 1,068,226 Description of Location of Point Number Li-7-296: A point near the north boundary of Ona Beach Park located in section 18 of township 12 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-297 333,385 1,068,450 Description of Location of Point Number Li-7-297: A point near the south boundary of Ona Beach Park located in section 18 of township 12 south, range 11 west of the Willamette Meridian in Lincoln County. Li-7-297A 333,092 1,068,723 Li-7-297B 332,550 1,068,009 Li-7-298 332,261 1,067,861 Li-7-299 331,651 1,067,607 Li-7-300 330,909 1,067,332 Li-7-301 330,212 1,067,169 Li-7-302 329,775 1,067,021 Li-7-303 329,055 1,066,830 Li-7-304 328,374 1,066,629 Li-7-305 327,559 1,066,454 Li-7-306 326,920 1,066,268 Li-7-307 326,218 1,066,154 Li-7-308 325,986 1,066,159 Li-7-309 325,483 1,066,088 Li-7-310 325,302 1,065,997 Li-7-311 324,853 1,065,953 Li-7-312 324,539 1,065,816 Li-7-313 324,277 1,065,641 Li-7-314 323,667 1,065,529 Description of Location of Point Number Li-7-314: A point near the north boundary of Seal Rock Wayside located in section 25 of township 12 south, range 12 west of the Willamette Meridian in Lincoln County. Li-7-315 322,726 1,065,519 Description of Location of Point Number Li-7-315: A point near the south boundary of Seal Rock Wayside located in section 25 of township 12 south, range 12 west of the Willamette Meridian in Lincoln County. Li-7-316 322,532 1,065,529 Li-7-317 322,312 1,065,480 Li-7-318 321,532 1,065,461 Li-7-319 321,414 1,065,298 Li-7-320 321,226 1,065,448 Li-7-321 320,971 1,065,448 Li-7-321A 320,492 1,065,294 Li-7-322 320,154 1,065,308 Li-7-323 319,976 1,065,381 Li-7-324 319,830 1,065,333 Li-7-325 319,653 1,065,141 Description of Location of Point Number Li-7-325: A point near the north end of the headlands north of Squaw Creek located in section 36 of township 12 south, range 12 west of the Willamette Meridian in Lincoln County. Li-7-326 319,285 1,065,020 Description of Location of Point Number Li-7-326: A point near the south end of the headlands, north of Squaw Creek located in section 36 of township 12 south, range 12 west of the Willamette Meridian in Lincoln County. Li-7-327 319,254 1,065,127 Li-7-328 319,017 1,065,300 Li-7-329 318,684 1,065,368 Li-7-330 318,039 1,065,567 Li-7-331 317,962 1,065,616 Li-7-332 317,553 1,065,733 Li-7-333 316,986 1,065,786 Li-7-334 316,190 1,065,631 Li-7-335 315,455 1,065,643 Li-7-336 313,346 1,065,757 Li-7-337 312,115 1,065,744 Li-7-338 310,799 1,065,676 Li-7-339 310,624 1,065,655 Li-7-340 307,274 1,065,368 Li-7-341 306,081 1,065,272 Li-7-342 303,876 1,065,014 Li-7-342A 302,717 1,064,861 Li-7-343 302,009 1,064,789 Li-7-344 300,597 1,064,626 Li-7-344A 299,559 1,064,546 Li-7-345 298,873 1,064,546 Li-7-346 298,361 1,064,661 Li-7-347 297,708 1,064,983 Li-7-348 297,499 1,065,264 Li-7-349 297,441 1,065,520 Li-7-350 297,481 1,065,745 Li-7-351 295,474 1,065,819 Li-7-352 295,365 1,065,659 Li-7-353 295,135 1,065,187 Li-7-354 294,851 1,064,836 Li-7-355 294,333 1,064,433 Li-7-356 293,843 1,064,235 Li-7-357 293,610 1,064,140 Description of Location of Point Number Li-7-357: A point near the north boundary of Governor Patterson Memorial Park located in section 25 of township 13 south, range 12 west of the Willamette Meridian in Lincoln County. Li-7-358 289,703 1,063,527 Description of Location of Point Number Li-7-358: A point near the south boundary of Governor Patterson Memorial Park located in section 25 of township 13 south, range 12 west of the Willamette Meridian in Lincoln County. Li-7-359 289,041 1,063,368 Li-7-360 288,797 1,063,355 Li-7-361 288,639 1,063,301 Li-7-362 288,337 1,063,295 Li-7-363 288,294 1,063,262 Li-7-364 287,261 1,063,041 Li-7-365 286,718 1,062,961 Li-7-366 286,312 1,062,836 Li-7-367 286,113 1,062,831 Li-7-368 286,084 1,062,893 Li-7-369 285,824 1,062,895 Li-7-370 285,212 1,062,781 Li-7-371 285,027 1,062,709 Li-7-372 284,609 1,062,608 Li-7-373 284,253 1,062,595 Li-7-374 283,650 1,062,426 Li-7-375 283,530 1,062,418 Li-7-376 283,344 1,062,332 Li-7-377 283,033 1,062,340 Description of Location of Point Number Li-7-377: A point near the north boundary of Beachside State Park located in section 2 of township 14 south, range 12 west of the Willamette Meridian in Lincoln County. Li-7-378 280,579 1,062,025 Description of Location of Point Number Li-7-378: A point near the south boundary of Beachside State Park located in section 2 of township 14 south, range 12 west of the Willamette Meridian in Lincoln County. Li-7-379 280,316 1,061,896 Li-7-380 280,153 1,061,959 Li-7-381 279,897 1,062,221 Li-7-382 279,810 1,062,238 Li-7-383 279,471 1,062,184 Li-7-384 279,189 1,062,025 Li-7-385 279,000 1,061,989 Li-7-386 278,590 1,061,901 Li-7-387 278,530 1,061,890 Li-7-388 278,422 1,061,867 Li-7-389 278,397 1,061,861 Li-7-390 277,667 1,061,718 Li-7-391 277,519 1,061,667 Li-7-392 277,394 1,061,450 Li-7-393 277,109 1,061,300 Li-7-394 276,930 1,061,241 Li-7-395 276,633 1,061,214 Li-7-396 276,485 1,061,088 Li-7-396A 275,876 1,061,042 Li-7-397 275,149 1,060,896 Li-7-398 274,953 1,060,869 Li-7-399 274,824 1,060,797 Li-7-400 274,004 1,060,607 Li-7-401 273,342 1,060,521 Li-7-402 273,123 1,060,462 Li-7-403 272,973 1,060,462 Li-7-403A 272,878 1,060,433 Li-7-403B 272,896 1,060,393 Li-7-403C 272,820 1,060,374 Li-7-403D 272,830 1,060,421 Li-7-404 272,651 1,060,364 Li-7-405 272,426 1,060,299 Li-7-406 272,203 1,060,283 Li-7-407 272,128 1,060,234 Li-7-408 271,948 1,060,204 Li-7-409 271,876 1,060,227 Li-7-410 271,776 1,060,205 Li-7-411 271,517 1,060,175 Li-7-412 271,384 1,060,219 Li-7-413 271,248 1,060,129 Li-7-414 271,079 1,060,107 Li-7-415 270,975 1,060,035 Li-7-416 270,235 1,059,912 Li-7-417 270,078 1,059,800 Li-7-418 269,654 1,059,845 Li-7-418A 269,628 1,059,780 Li-7-418B 269,456 1,059,849 Li-7-419 269,109 1,059,861 Li-7-420 268,340 1,059,611 Li-7-421 268,199 1,059,621 Li-7-422 267,680 1,059,493 Li-7-423 266,984 1,059,424 Li-7-424 266,886 1,059,446 Li-7-424A 266,752 1,059,348 Li-7-425 266,663 1,059,404 Li-7-426 266,507 1,059,260 Li-7-427 266,377 1,059,159 Li-7-428 266,168 1,059,124 Li-7-429 265,966 1,059,257 Li-7-430 265,666 1,059,094 Li-7-430A 265,602 1,058,965 Li-7-431 265,475 1,058,904 Li-7-432 264,325 1,058,737 Li-7-433 263,983 1,058,615 Li-7-434 263,577 1,058,506 Li-7-435 263,465 1,058,519 Li-7-436 263,387 1,058,531 Li-7-437 263,394 1,058,454 Li-7-438 262,996 1,058,341 Li-7-439 262,881 1,058,246 Description of Location of Point Number Li-7-439: A point near the north end of the headlands north of Yachats Park and near the section line located between sections 22 and 23 of township 14 south, range 12 west of the Willamette Meridian in Lincoln County. Oregon Coordinate System, Point north zone Number y-coordinate x-coordinate La-7-1 960,236 1,053,478 Description of Location of Point Number La-7-1: A point near the south end of the headlands on the south side of Gwynn Knoll located in section 22 of township 15 south, range 12 west of the Willamette Meridian in Lane County. La-7-2 960,110 1,053,668 La-7-3 960,163 1,053,738 La-7-4 960,041 1,053,854 La-7-5 959,932 1,053,768 La-7-6 959,694 1,053,879 La-7-7 959,392 1,053,887 La-7-8 959,274 1,053,935 La-7-9 959,124 1,053,946 Description of Location of Point Number La-7-9: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 22 of township 15 south, range 12 west of the Willamette Meridian in Lane County. La-7-10 956,771 1,054,162 Description of Location of Point Number La-7-10: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 27 of township 15 south, range 12 west of the Willamette Meridian in Lane County. La-7-11 955,775 1,054,039 La-7-12 955,642 1,053,985 La-7-13 955,236 1,053,955 La-7-14 954,367 1,053,807 La-7-15 954,094 1,053,672 La-7-16 953,534 1,053,686 La-7-17 953,374 1,053,714 La-7-18 953,268 1,053,882 La-7-19 953,186 1,053,909 Description of Location of Point Number La-7-19: A point near the north boundary of the Rockwood Beach State Wayside located in section 27 of township 15 south, range 12 west of the Willamette Meridian in Lane County. La-7-20 952,030 1,053,601 Description of Location of Point Number La-7-20: A point near the south boundary of Rockwood Beach State Wayside near the section line located between section 27 and section 34 of township 15 south, range 12 west of the Willamette Meridian in Lane County. La-7-21 951,780 1,053,530 La-7-22 951,633 1,053,395 La-7-23 951,613 1,053,308 La-7-24 951,555 1,053,229 La-7-25 951,461 1,053,170 La-7-26 951,160 1,053,170 La-7-27 950,892 1,053,104 La-7-28 950,751 1,053,055 La-7-29 950,531 1,052,931 La-7-30 950,352 1,052,890 La-7-31 949,988 1,052,937 La-7-32 949,786 1,052,942 La-7-33 949,469 1,052,898 La-7-34 949,213 1,052,750 La-7-35 949,177 1,052,806 La-7-36 949,010 1,052,702 La-7-37 949,004 1,052,837 La-7-38 948,807 1,052,897 La-7-38A 948,218 1,052,893 La-7-38B 948,227 1,052,797 La-7-38C 948,170 1,052,794 La-7-38D 948,159 1,052,893 La-7-39 948,074 1,052,893 La-7-39A 947,907 1,052,830 La-7-40 947,752 1,052,816 La-7-41 947,671 1,052,860 La-7-42 947,129 1,052,773 La-7-43 946,916 1,052,690 La-7-44 946,756 1,052,589 Description of Location of Point Number La-7-44: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 3 of township 16 south, range 12 west of the Willamette Meridian in Lane County. La-7-45 943,990 1,052,518 Description of Location of Point Number La-7-45: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 3 of township 16 south, range 12 west of the Willamette Meridian in Lane County. La-7-46 943,939 1,052,486 La-7-47 943,813 1,052,591 La-7-48 943,783 1,052,519 La-7-49 943,676 1,052,511 La-7-50 943,595 1,052,712 La-7-51 943,120 1,052,702 La-7-52 942,217 1,052,612 La-7-53 942,188 1,052,505 La-7-54 942,111 1,052,558 La-7-55 941,981 1,052,486 La-7-56 941,899 1,052,578 La-7-57 941,798 1,052,469 La-7-58 941,715 1,052,447 La-7-59 941,651 1,052,520 La-7-60 941,460 1,052,477 La-7-61 940,890 1,052,398 La-7-62 940,849 1,052,347 La-7-63 940,664 1,052,338 La-7-63A 940,377 1,052,331 La-7-63B 940,382 1,052,276 La-7-63C 940,284 1,052,268 La-7-63D 940,276 1,052,323 La-7-64 940,181 1,052,312 La-7-65 939,875 1,052,279 La-7-66 939,480 1,052,244 La-7-67 939,027 1,052,218 La-7-68 938,916 1,052,176 La-7-69 938,856 1,052,086 La-7-70 938,884 1,052,005 La-7-71 938,716 1,051,863 La-7-72 938,638 1,051,843 Description of Location of Point Number La-7-72: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 10 of township 16 south, range 12 west of the Willamette Meridian in Lane County. La-7-73 937,638 1,051,964 Description of Location of Point Number La-7-73: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 15 of township 16 south, range 12 west of the Willamette Meridian in Lane County. La-7-74 937,203 1,051,900 La-7-75 937,051 1,051,863 La-7-76 936,879 1,051,895 La-7-77 935,785 1,051,799 La-7-78 935,426 1,051,813 La-7-79 935,075 1,052,056 La-7-80 934,880 1,052,081 La-7-81 934,647 1,052,020 La-7-82 934,455 1,051,950 La-7-83 934,615 1,051,784 La-7-84 934,604 1,051,729 La-7-85 934,316 1,051,650 La-7-86 933,430 1,051,561 La-7-87 933,065 1,051,551 Description of Location of Point Number La-7-87: A point near the north boundary of Muriel O. Ponsler Memorial Wayside near the section line located between section 15 and section 22 of township 16 south, range 12 west of the Willamette Meridian in Lane County. La-7-88 909,858 1,048,853 Description of Location of Point Number La-7-88: A point near the south end of the headlands south of Sea Lion Point located in section 10 of township 17 south, range 12 west of the Willamette Meridian in Lane County. La-7-89 909,719 1,048,996 La-7-90 909,664 1,048,883 La-7-91 909,526 1,048,892 La-7-91A 909,413 1,048,940 La-7-91B 909,303 1,048,919 La-7-91C 909,322 1,048,991 La-7-92 909,257 1,049,026 La-7-93 909,074 1,049,036 La-7-94 907,411 1,048,835 La-7-95 907,100 1,048,756 La-7-96 906,424 1,048,703 La-7-97 905,548 1,048,854 La-7-97A 905,279 1,048,958 La-7-98 905,035 1,048,753 La-7-99 904,794 1,048,582 La-7-100 904,606 1,048,539 La-7-101 903,666 1,048,343 La-7-102 902,600 1,048,245 La-7-103 900,865 1,047,986 La-7-104 900,172 1,048,219 La-7-105 900,135 1,048,025 La-7-106 898,793 1,047,704 La-7-107 896,883 1,047,391 La-7-108 895,796 1,047,214 La-7-109 895,503 1,047,145 La-7-110 894,613 1,046,918 La-7-111 893,579 1,046,676 La-7-112 892,821 1,046,624 La-7-113 892,155 1,046,581 La-7-114 891,073 1,046,419 La-7-115 890,910 1,046,252 La-7-116 890,458 1,046,195 La-7-117 890,028 1,046,095 La-7-118 888,538 1,045,834 La-7-119 888,055 1,045,774 La-7-120 887,644 1,045,690 La-7-121 887,261 1,045,648 La-7-122 886,717 1,045,523 La-7-123 886,285 1,045,460 La-7-124 885,473 1,045,302 La-7-125 885,268 1,045,288 La-7-126 884,851 1,045,219 La-7-127 884,298 1,045,109 La-7-128 883,971 1,045,099 La-7-129 883,618 1,044,947 La-7-130 882,889 1,044,796 La-7-131 881,414 1,044,485 La-7-132 880,567 1,044,279 La-7-133 880,258 1,044,200 La-7-134 879,601 1,044,022 La-7-135 879,061 1,043,864 La-7-136 877,970 1,043,710 Description of Location of Point Number La-7-136: A point near the north jetty of the mouth of the Siuslaw River. La-7-137 876,020 1,044,784 La-7-138 875,946 1,044,582 La-7-139 875,798 1,044,454 La-7-140 875,347 1,044,280 La-7-141 874,460 1,044,140 La-7-142 873,380 1,044,014 La-7-143 871,882 1,043,709 La-7-144 870,976 1,043,613 La-7-145 869,960 1,043,487 La-7-146 868,997 1,043,351 La-7-146A 868,331 1,043,221 La-7-147 867,514 1,043,108 La-7-148 866,180 1,042,880 La-7-149 865,019 1,042,725 La-7-150 864,002 1,042,561 La-7-151 862,115 1,042,273 La-7-152 861,496 1,042,182 La-7-153 860,271 1,042,026 La-7-154 858,490 1,041,748 La-7-155 857,800 1,041,633 La-7-156 856,103 1,041,383 La-7-157 855,358 1,041,303 La-7-158 854,148 1,041,117 La-7-159 851,830 1,040,768 La-7-160 851,635 1,040,748 La-7-161 851,199 1,040,880 La-7-162 851,021 1,040,865 La-7-163 850,800 1,040,648 La-7-164 850,355 1,040,527 La-7-164A 849,124 1,040,339 La-7-165 848,907 1,040,274 La-7-166 848,749 1,040,273 La-7-167 846,808 1,039,954 La-7-168 846,243 1,039,937 La-7-169 845,809 1,040,006 La-7-170 845,602 1,039,776 La-7-171 844,723 1,039,621 La-7-172 843,639 1,039,444 La-7-173 842,820 1,039,311 La-7-174 842,031 1,039,177 La-7-175 841,270 1,039,078 La-7-176 840,452 1,038,871 La-7-176A 840,031 1,038,859 La-7-177 839,240 1,038,737 La-7-178 838,171 1,038,563 La-7-179 837,525 1,038,441 La-7-179A 836,715 1,038,307 La-7-180 835,043 1,038,003 La-7-181 834,753 1,037,958 La-7-182 833,479 1,037,720 La-7-183 832,528 1,037,580 La-7-184 831,085 1,037,370 La-7-185 829,836 1,037,172 La-7-186 828,519 1,037,020 La-8-187 828,149 1,037,039 La-8-188 828,028 1,037,333 La-8-189 827,347 1,038,019 La-8-190 827,070 1,037,974 La-8-191 826,655 1,037,788 La-8-191A 825,980 1,037,568 La-8-192 825,744 1,036,688 La-8-193 824,767 1,036,500 La-8-194 823,832 1,036,281 La-8-195 823,335 1,036,182 La-8-196 822,001 1,035,914 Do-8-1 821,695 1,035,859 Description of Location of Point Number Do-8-1: A point near the Lane-Douglas County line located in section 5 of township 20 south, range 12 west of the Willamette Meridian in Lane and Douglas Counties. Do-8-2 820,707 1,035,660 Do-8-3 818,732 1,035,340 Do-8-4 817,872 1,035,166 Do-8-5 817,052 1,035,024 Do-8-6 816,253 1,034,884 Do-8-7 815,512 1,034,746 Do-8-8 814,959 1,034,666 Do-8-9 813,504 1,034,423 Do-8-10 812,595 1,034,229 Do-8-11 811,225 1,033,996 Do-8-12 810,555 1,033,850 Do-8-13 810,122 1,033,783 Do-8-14 808,867 1,033,554 Do-8-15 807,868 1,033,385 Do-8-16 807,337 1,033,283 Do-8-17 806,927 1,033,221 Do-8-18 806,152 1,033,077 Do-8-19 805,778 1,032,988 Do-8-20 804,851 1,032,861 Do-8-21 804,260 1,032,873 Do-8-22 803,681 1,032,658 Do-8-23 803,506 1,032,786 Do-8-23A 802,770 1,033,337 Do-8-23B 802,137 1,033,220 Do-8-23C 801,728 1,032,555 Do-8-24 801,155 1,032,391 Do-8-25 801,044 1,032,207 Do-8-26 800,846 1,032,132 Do-8-27 799,332 1,031,776 Do-8-28 798,240 1,031,548 Do-8-29 796,771 1,031,277 Do-8-30 795,799 1,031,068 Do-8-31 793,989 1,030,720 Do-8-32 793,169 1,030,524 Do-8-33 792,296 1,030,361 Do-8-34 791,423 1,030,178 Do-8-35 790,919 1,030,056 Do-8-36 789,882 1,029,848 Do-8-37 788,423 1,029,555 Do-8-38 787,010 1,029,259 Do-8-39 784,545 1,028,739 Do-8-40 784,212 1,028,670 Do-8-41 782,268 1,028,202 Do-8-42 781,537 1,028,084 Do-8-43 780,887 1,027,942 Do-8-44 780,531 1,028,022 Do-8-45 779,988 1,028,136 Do-8-46 778,886 1,027,543 Do-8-47 777,876 1,027,263 Do-8-48 777,208 1,027,140 Do-8-49 774,943 1,026,545 Do-8-50 774,246 1,026,386 Do-8-51 773,335 1,026,124 Do-8-52 772,554 1,025,924 Do-8-52A 772,330 1,025,872 Do-8-53 771,860 1,025,808 Do-8-54 771,055 1,025,594 Do-8-55 770,024 1,025,340 Do-8-56 768,746 1,025,005 Do-8-57 766,998 1,024,590 Do-8-58 766,108 1,024,358 Do-8-59 765,636 1,024,230 Do-8-60 763,627 1,023,692 Do-8-61 762,742 1,023,429 Do-8-62 761,684 1,023,139 Do-8-63 758,957 1,022,333 Do-8-64 758,469 1,022,210 Do-8-65 758,121 1,022,053 Do-8-66 757,279 1,021,800 Do-8-67 757,020 1,021,839 Do-8-68 756,836 1,021,696 Do-8-69 755,763 1,021,249 Do-8-70 755,026 1,021,008 Do-8-71 754,298 1,020,903 Do-8-72 753,767 1,020,697 Do-8-73 753,439 1,020,545 Do-8-74 752,951 1,020,747 Do-8-75 751,017 1,020,655 Do-8-75A 750,243 1,021,078 Do-8-76 749,488 1,020,210 Do-8-77 748,443 1,019,383 Do-8-78 747,158 1,019,192 Description of Location of Point Number Do-8-78: A point near the north boundary of Umpqua Lighthouse State Park located in section 14 of township 22 south, range 13 west of the Willamette Meridian in Douglas County. Do-8-79 730,871 1,016,121 Description of Location of Point Number Do-8-79: A point near the Douglas-Coos County line located near the south line of section 35 of township 22 south, range 13 west of the Willamette Meridian in Douglas County and near the north line of section 2 of township 23 south, range 13 west of the Willamette Meridian in Coos County. Co-8-1 729,664 1,015,856 Co-8-2 728,936 1,015,655 Co-8-3 728,728 1,015,623 Co-8-4 727,826 1,015,377 Co-8-5 727,278 1,015,258 Co-8-6 724,915 1,014,674 Co-8-7 724,626 1,014,580 Co-8-8 723,853 1,014,368 Co-8-9 722,394 1,014,019 Co-8-10 721,343 1,013,724 Co-8-11 721,060 1,013,669 Co-8-12 719,776 1,013,295 Co-8-13 717,976 1,012,819 Co-8-14 715,485 1,012,136 Co-8-15 714,775 1,011,970 Co-8-16 713,885 1,011,759 Co-8-17 712,681 1,012,474 Co-8-17A 711,651 1,012,064 Co-8-18 711,490 1,011,380 Co-8-19 711,287 1,011,067 Co-8-20 710,228 1,010,672 Co-8-21 708,950 1,010,242 Co-8-22 707,341 1,009,727 Co-8-23 705,667 1,009,233 Co-8-24 703,750 1,008,601 Co-8-25 702,084 1,008,068 Co-8-26 699,008 1,007,083 Co-8-27 697,448 1,006,514 Co-8-28 696,206 1,006,090 Co-8-29 694,708 1,005,610 Co-8-30 693,103 1,005,043 Co-8-31 692,077 1,004,650 Co-8-32 689,886 1,003,889 Co-8-33 688,877 1,003,573 Co-8-34 687,552 1,003,019 Co-8-35 686,230 1,002,532 Co-8-36 685,486 1,002,304 Co-8-37 683,518 1,001,517 Co-8-38 680,557 1,000,380 Co-8-39 679,698 1,000,075 Co-8-40 677,930 999,320 Co-8-41 674,944 998,128 Co-8-42 673,411 997,493 Co-8-43 672,373 997,031 Co-8-44 671,467 996,694 Co-8-45 669,759 995,885 Co-8-46 668,425 995,336 Co-8-47 667,825 995,122 Co-8-48 667,544 994,955 Co-8-49 666,205 994,292 Co-8-50 665,970 994,225 Co-8-51 663,013 992,854 Co-8-52 660,734 991,795 Co-8-53 660,069 991,533 Co-8-54 659,389 991,150 Co-8-55 657,728 990,366 Co-8-56 655,235 989,141 Co-8-57 654,440 988,702 Co-8-58 653,488 988,250 Co-8-59 652,480 987,700 Co-8-60 651,099 986,981 Co-8-61 649,414 986,081 Co-8-62 646,358 984,352 Co-8-63 645,749 984,047 Co-8-64 644,099 983,026 Co-8-65 642,023 981,695 Co-8-66 640,681 980,828 Co-8-67 640,057 980,293 Co-8-68 639,692 980,219 Co-8-69 639,520 980,356 Co-7-70 636,896 979,344 Co-7-70A 636,614 978,908 Co-7-71 636,922 978,633 Co-7-72 636,010 977,777 Co-7-73 635,625 977,638 Co-7-74 635,393 977,275 Co-7-75 635,195 977,077 Co-7-76 634,936 976,733 Co-7-77 634,587 976,559 Co-7-77A 633,981 976,264 Co-7-77B 633,953 975,963 Co-7-77C 634,143 975,869 Co-7-78 634,233 975,610 Co-7-79 634,204 975,372 Co-7-79A 633,977 974,584 Co-7-79B 634,194 974,479 Co-7-80 633,898 974,424 Co-7-81 633,817 974,344 Co-7-82 633,937 974,077 Description of Location of Point Number Co-7-82: A point near the southeast end of the headlands on the east side of Yoakam Point located in section 4 of township 26 south, range 14 west of the Willamette Meridian in Coos County. Co-7-83 634,269 973,615 Description of Location of Point Number Co-7-83: A point near the southwest end of the headlands, on the west side of Yoakam Point located in section 4 of township 26 south, range 14 west of the Willamette Meridian in Coos County. Co-7-83A 634,082 973,601 Co-7-83B 634,289 973,472 Co-7-84 634,156 973,500 Co-7-84A 634,031 973,422 Co-7-84B 634,050 973,330 Co-7-85 633,855 973,285 Co-7-86 633,965 973,139 Co-7-87 633,851 973,103 Co-7-88 633,629 972,839 Co-7-89 633,570 972,661 Co-7-90 633,630 972,588 Co-7-91 633,486 972,500 Co-7-92 633,544 972,414 Co-7-93 633,427 972,406 Co-7-94 633,376 972,209 Co-7-95 633,447 972,128 Co-7-96 633,292 972,073 Co-7-97 633,295 971,922 Co-7-97A 633,239 971,731 Co-7-98 633,169 971,619 Co-7-98A 633,192 971,580 Co-7-99 633,177 971,464 Co-7-100 633,123 971,298 Co-7-101 633,133 971,239 Co-7-102 633,087 971,152 Co-7-102A 633,117 971,076 Co-7-103 633,119 970,748 Co-7-103A 633,157 970,678 Co-7-104 633,149 970,563 Co-7-105 633,202 970,551 Co-7-106 633,180 970,465 Co-7-107 633,184 970,383 Co-7-108 633,262 970,330 Co-7-109 633,209 970,234 Co-7-110 633,279 970,284 Co-7-111 633,340 970,280 Description of Location of Point Number Co-7-111: A point near the southeast end of the headlands on the east side of Gregory Point located in section 4 of township 26 south, range 14 west of the Willamette Meridian in Coos County. Co-7-112 608,676 966,967 Description of Location of Point Number Co-7-112: A point near the headlands at the north end of Sacchi Beach located in section 32 of township 26 south, range 14 west of the Willamette Meridian in Coos County. Co-7-113 608,553 967,076 Co-7-114 608,289 967,090 Co-7-115 608,179 967,050 Co-7-116 607,903 967,103 Co-7-117 607,628 966,995 Co-7-118 607,410 966,934 Co-7-119 606,877 966,722 Co-7-120 606,760 966,652 Co-7-121 606,645 966,613 Co-7-122 606,027 966,290 Co-7-123 605,748 966,226 Co-7-124 605,182 966,033 Co-7-125 604,655 965,906 Co-7-126 604,515 965,555 Co-7-127 603,978 965,298 Co-7-128 603,724 965,369 Co-7-129 603,649 965,469 Co-7-130 603,508 965,465 Co-7-131 603,389 965,537 Co-7-132 603,221 965,503 Co-7-133 602,888 965,575 Co-7-134 602,650 965,425 Co-7-135 602,087 965,206 Co-7-136 601,893 965,185 Co-7-137 601,186 964,997 Co-7-138 601,067 964,893 Co-7-139 601,021 964,797 Co-7-140 600,922 964,740 Co-7-141 600,470 964,612 Co-7-142 600,455 964,661 Co-7-142A 600,071 964,652 Co-7-142B 599,897 964,617 Co-7-143 599,738 964,644 Co-7-144 598,717 964,387 Co-7-145 597,922 964,202 Co-7-146 596,609 963,901 Description of Location of Point Number Co-7-146: A point near the north boundary of Seven Devils Ocean Wayside located in section 17 of township 27 south, range 14 west of the Willamette Meridian in Coos County. Co-7-147 595,213 963,487 Description of Location of Point Number Co-7-147: A point near the south boundary of Seven Devils Ocean Wayside located in section 17 of township 27 south, range 14 west of the Willamette Meridian in Coos County. Co-7-148 594,314 963,289 Co-7-149 594,046 963,201 Co-7-150 593,895 963,182 Co-7-151 593,779 963,097 Co-7-152 593,565 963,103 Co-7-153 593,028 962,935 Co-7-154 592,633 962,887 Co-7-155 591,719 962,643 Co-7-156 590,974 962,354 Co-7-157 590,518 962,076 Co-7-158 590,387 961,812 Co-7-159 590,082 962,020 Co-7-160 589,739 962,163 Co-7-161 589,390 962,214 Co-7-162 589,181 962,122 Co-7-163 589,030 962,216 Co-7-164 588,994 962,326 Co-7-165 588,874 962,430 Co-7-166 588,522 962,518 Co-7-167 587,762 962,569 Co-7-168 587,311 962,505 Co-7-169 586,932 962,514 Co-7-170 584,508 962,011 Co-7-171 584,006 961,931 Co-7-172 583,067 961,700 Co-7-173 581,949 961,437 Co-7-174 581,179 961,231 Co-7-175 580,403 961,047 Co-7-176 577,758 960,367 Co-7-177 577,356 960,253 Co-7-178 576,745 960,026 Description of Location of Point Number Co-7-178: A point near the north boundary of Bullards Beach State Park located near the section line between section 31 of township 27 south, range 14 west of the Willamette Meridian and section 6 of township 28 south, range 14 west of the Willamette Meridian in Coos County. Co-7-179 555,762 952,779 Description of Location of Point Number Co-7-179: A point near the north jetty at the mouth of the Coquille River located in section 25 of township 28 south, range 15 west of the Willamette Meridian in Coos County. Co-7-180 555,175 951,991 Co-7-181 554,780 951,830 Co-7-182 553,788 951,192 Co-7-183 553,471 950,888 Co-7-184 553,041 950,429 Co-7-185 552,360 949,847 Co-7-186 552,218 949,659 Co-7-187 552,103 949,891 Co-7-188 551,837 950,159 Co-7-189 551,431 950,406 Co-7-190 551,116 950,464 Co-7-191 550,861 950,457 Co-7-192 550,604 950,437 Co-7-193 550,337 950,321 Co-7-194 550,057 950,249 Co-7-195 549,837 950,092 Co-7-196 549,618 950,060 Co-7-197 549,516 949,955 Co-7-198 549,384 949,927 Co-7-199 549,282 949,968 Co-7-200 549,124 949,939 Description of Location of Point Number Co-7-200: A point near the north boundary of Bandon Ocean Wayside located near the section line between section 35 and section 36 of township 28 south, range 15 west of the Willamette Meridian in Coos County. Co-7-201 548,632 950,177 Description of Location of Point Number Co-7-201: A point near the south boundary of Bandon Ocean Wayside located in section 36 of township 28 south, range 15 west of the Willamette Meridian in Coos County. Co-7-202 548,492 950,207 Co-7-203 548,380 950,151 Co-7-204 548,264 950,206 Co-7-205 548,254 950,325 Co-7-206 548,186 950,339 Co-7-207 548,009 950,528 Co-7-208 547,406 950,729 Co-7-209 547,161 950,718 Co-7-210 546,508 950,752 Co-7-211 546,006 950,673 Co-7-212 545,859 950,712 Co-7-213 545,715 950,683 Co-7-214 545,628 950,615 Co-7-215 545,217 950,577 Co-7-216 545,023 950,598 Co-7-216A 544,709 950,664 Co-7-217 544,548 950,878 Co-7-218 544,373 950,554 Co-7-219 543,977 950,255 Co-7-220 543,175 949,972 Co-7-221 542,945 949,972 Co-7-222 542,866 949,909 Co-7-223 542,547 949,822 Co-7-224 542,416 949,831 Co-7-225 542,342 949,615 Co-7-226 542,282 949,710 Co-7-227 541,931 949,649 Co-7-228 541,758 949,563 Co-7-229 541,677 949,554 Description of Location of Point Number Co-7-229: A point near the north boundary of Bandon State Park located near the section line between section 1 and section 2 of township 29 south, range 15 west of the Willamette Meridian in Coos County. Co-7-230 520,295 944,832 Description of Location of Point Number Co-7-230: A point near the south boundary of Bandon State Park located in section 26 of township 29 south, range 15 west of the Willamette Meridian in Coos County. Co-7-231 519,372 944,584 Co-7-232 519,139 944,554 Co-7-233 518,732 944,354 Co-7-234 518,351 944,228 Co-7-235 517,872 944,106 Co-7-236 517,379 944,081 Co-7-237 517,197 944,024 Co-7-238 516,932 943,828 Co-7-239 516,537 943,820 Co-7-240 516,140 943,566 Co-7-241 515,878 943,482 Co-7-242 514,876 943,184 Co-7-243 513,787 943,654 Co-7-244 513,009 943,264 Co-7-245 512,191 942,822 Co-7-246 510,958 942,457 Co-7-247 510,505 942,237 Co-7-248 509,957 942,116 Co-7-249 509,541 942,146 Co-7-250 508,792 941,921 Co-7-251 508,381 941,799 Co-7-252 507,732 941,713 Co-7-253 506,891 941,505 Co-7-253A 506,462 941,413 Co-7-253B 506,246 941,247 Co-7-254 505,354 940,985 Co-7-255 504,775 940,629 Co-7-256 504,290 940,429 Co-7-257 503,786 940,333 Co-7-257A 502,977 940,049 Co-7-257B 502,502 939,827 Co-7-257C 501,568 939,701 Co-7-258 500,604 939,306 Co-7-258A 500,169 939,262 Co-7-258B 498,906 938,349 Co-7-258C 497,858 937,804 Co-7-259 497,372 937,629 Co-7-259A 496,995 937,388 Co-7-259B 496,704 937,274 Co-7-260 495,258 936,546 Co-7-260A 494,866 936,458 Co-7-261 494,435 936,200 Description of Location of Point Number Co-7-261: A point near the Coos-Curry County line located near the section line between section 21 of township 30 south, range 15 west of the Willamette Meridian in Coos County and section 28 of township 30 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-1 494,269 936,197 Cu-7-1A 492,997 935,582 Cu-7-1B 492,724 935,524 Cu-7-1C 492,161 935,220 Cu-7-1D 491,652 935,056 Cu-7-2 491,102 934,739 Cu-7-3 490,807 934,692 Cu-7-3A 489,619 933,791 Cu-7-4 488,165 933,379 Cu-7-4A 487,538 933,092 Cu-7-5 486,942 932,870 Cu-7-6 486,037 932,272 Cu-7-6A 485,602 932,037 Cu-7-7 485,134 931,874 Cu-7-8 483,852 931,217 Cu-7-9 483,031 930,687 Cu-7-10 482,079 930,304 Cu-7-11 481,624 930,048 Cu-7-12 481,116 929,839 Cu-7-13 480,954 929,721 Cu-7-14 480,886 929,576 Cu-7-15 480,564 929,341 Cu-7-16 480,217 928,860 Cu-7-17 480,122 928,700 Cu-7-18 479,910 928,435 Cu-7-19 479,060 927,987 Cu-7-20 477,708 927,259 Cu-7-21 477,184 926,960 Cu-7-22 476,933 926,833 Cu-7-23 476,453 926,519 Cu-7-24 475,128 925,801 Cu-7-25 474,536 925,461 Description of Location of Point Number Cu-7-25: A point near the north boundary of Floras Lake State Park located near the section line between section 7 and section 18 of township 31 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-26 460,789 918,140 Description of Location of Point Number Cu-7-26: A point near the south boundary of Floras Lake State Park located in section 25 of township 31 south, range 16 west of the Willamette Meridian in Curry County. Cu-7-27 459,979 917,628 Cu-7-27A 459,587 917,079 Cu-7-28 458,933 917,257 Cu-7-28A 458,345 916,603 Cu-7-29 458,318 916,281 Cu-7-30 457,743 916,020 Cu-7-31 457,243 915,713 Cu-7-32 456,847 915,413 Cu-7-33 456,546 915,235 Cu-7-34 455,650 914,957 Cu-7-35 455,367 914,795 Cu-7-36 454,864 914,510 Cu-7-37 454,408 914,160 Cu-7-38 454,311 914,127 Cu-7-39 454,138 913,983 Cu-7-40 453,926 913,695 Cu-7-41 453,771 913,579 Cu-7-42 453,663 913,416 Cu-7-43 453,523 913,219 Cu-7-44 453,473 913,101 Cu-7-45 453,421 912,999 Cu-7-46 453,397 912,848 Cu-7-47 453,307 912,762 Cu-7-48 453,310 912,692 Cu-7-49 453,253 912,591 Cu-7-50 453,180 912,165 Cu-7-51 453,152 911,780 Cu-7-52 453,254 911,495 Cu-7-53 453,326 911,275 Cu-7-54 453,460 911,156 Description of Location of Point Number Cu-7-54: A point near the east end of the headlands on the northeast side of Cape Blanco located in section 2 of township 32 south, range 16 west of the Willamette Meridian in Curry County. Cu-7-55 452,117 910,664 Description of Location of Point Number Cu-7-55: A point near the east end of the headlands on the southeast side of Cape Blanco located in section 2 of township 32 south, range 16 west of the Willamette Meridian in Curry County. Cu-7-56 452,107 910,814 Cu-7-57 452,002 911,078 Cu-7-58 451,734 911,201 Cu-7-59 451,988 911,384 Cu-7-60 452,030 911,494 Cu-7-61 452,015 911,644 Cu-7-62 451,734 912,301 Cu-7-63 451,615 912,450 Cu-7-64 451,576 912,565 Cu-7-65 451,492 912,683 Cu-7-66 451,264 912,951 Cu-7-67 450,946 913,303 Cu-7-68 450,721 913,517 Cu-7-69 450,608 913,599 Cu-7-70 450,540 913,682 Cu-7-71 450,162 913,972 Cu-7-72 449,475 914,516 Cu-7-73 449,417 914,584 Cu-7-74 449,147 914,805 Cu-7-75 448,724 915,150 Cu-7-76 448,634 915,187 Cu-7-77 448,533 915,272 Cu-7-78 448,435 915,325 Cu-7-79 448,362 915,436 Cu-7-80 448,183 915,529 Cu-7-81 448,239 915,612 Cu-7-82 448,020 915,796 Cu-7-83 447,281 916,347 Cu-7-84 447,226 916,415 Cu-7-85 447,003 916,569 Cu-7-86 446,798 916,723 Cu-7-87 446,483 916,915 Cu-7-88 445,956 917,175 Cu-7-89 445,494 917,383 Cu-7-90 444,827 917,614 Cu-7-91 444,440 917,838 Cu-7-92 444,271 917,881 Cu-7-93 444,145 918,032 Cu-7-94 443,659 918,220 Cu-7-95 443,409 918,340 Cu-7-96 443,151 918,543 Cu-7-97 443,003 918,630 Cu-7-98 442,763 918,949 Cu-7-99 442,510 919,118 Cu-7-100 442,270 919,228 Cu-7-101 441,914 919,360 Cu-7-102 441,670 919,431 Cu-7-103 441,460 919,429 Cu-7-104 441,310 919,539 Cu-7-105 440,732 919,662 Cu-7-106 440,669 919,708 Cu-7-107 440,538 919,741 Cu-7-108 440,220 919,912 Cu-7-109 439,753 920,115 Cu-7-110 439,262 920,242 Cu-7-111 438,471 920,351 Cu-7-112 438,351 920,385 Cu-7-113 437,983 920,477 Cu-7-114 437,654 920,618 Cu-7-115 437,160 920,983 Cu-7-115A 436,738 920,855 Cu-7-115B 436,393 920,841 Cu-7-115C 435,898 920,940 Cu-7-116 435,598 920,933 Cu-7-117 434,950 921,233 Cu-7-117A 434,721 921,074 Cu-7-118 434,425 921,091 Cu-7-119 432,881 920,925 Cu-7-120 432,240 920,985 Cu-7-121 431,820 921,030 Cu-7-122 431,222 921,095 Cu-7-123 430,698 921,141 Cu-7-124 429,964 921,198 Cu-7-125 429,404 921,250 Cu-7-126 429,064 921,277 Cu-7-127 428,608 921,329 Cu-7-128 427,876 921,437 Cu-7-129 427,588 921,493 Cu-7-130 427,138 921,552 Cu-7-131 426,625 921,618 Cu-7-132 426,249 921,697 Cu-7-133 425,467 921,779 Cu-7-134 425,094 921,840 Cu-7-135 423,993 922,034 Cu-7-136 422,788 922,252 Cu-7-137 421,853 922,429 Cu-7-138 420,941 922,654 Cu-7-139 420,101 922,802 Cu-7-140 419,416 922,851 Cu-7-141 418,960 922,865 Cu-7-142 418,592 922,781 Cu-7-143 418,496 922,860 Cu-7-144 418,385 922,891 Cu-7-145 418,349 922,984 Cu-7-146 418,367 923,067 Cu-7-147 418,201 923,092 Cu-7-148 418,115 923,013 Cu-7-149 418,111 922,682 Cu-7-150 418,049 922,580 Cu-7-151 417,545 922,553 Cu-7-152 417,411 922,632 Cu-7-153 417,264 922,485 Cu-7-154 417,166 922,469 Cu-7-155 417,174 922,401 Description of Location of Point Number Cu-7-155: A point near the north end of the headlands on the north side of The Heads at Port Orford located in section 6 of township 33 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-156 417,164 926,366 Description of Location of Point Number Cu-7-156: A point near the east end of the headlands at Graveyard Point located in section 5 of township 33 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-157 417,377 926,537 Cu-7-158 417,522 926,867 Cu-7-159 417,575 927,163 Cu-7-160 417,534 927,457 Cu-7-161 417,280 927,591 Cu-7-162 417,293 927,687 Cu-7-163 417,496 927,929 Cu-7-164 417,663 928,027 Cu-7-165 417,684 928,143 Cu-7-166 417,693 928,354 Cu-7-167 417,677 928,529 Description of Location of Point Number Cu-7-167: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 4 of township 33 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-167A 415,194 932,338 Description of Location of Point Number Cu-7-167A: A point near the south boundary of property owned through the State Parks and Recreation Department and near Hubbard Creek located in section 9 of township 33 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-167B 414,837 932,459 Cu-7-167C 414,465 932,723 Cu-7-167D 414,393 932,841 Cu-7-167E 414,074 933,166 Description of Location of Point Number Cu-7-167E: A point near the north boundary of property owned through the State Parks and Recreation Department located near the section line between section 9 and section 10 of township 33 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-168 387,665 946,358 Description of Location of Point Number Cu-7-168: A point near the south end of the headlands at Humbug Mountain located in section 1 of township 34 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-169 387,513 946,975 Cu-7-170 387,317 947,324 Cu-7-171 386,789 947,744 Cu-7-172 386,635 947,941 Cu-7-173 386,522 947,888 Cu-7-174 385,894 948,151 Description of Location of Point Number Cu-7-174: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 6 of township 34 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-175 372,047 950,729 Description of Location of Point Number Cu-7-175: A point near the south end of the first headlands south of Lookout Rock located in section 19 of township 34 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-176 372,002 950,847 Cu-7-177 371,704 951,058 Cu-7-178 371,593 951,098 Cu-7-179 371,013 951,190 Cu-7-180 371,011 951,243 Cu-7-181 370,627 951,250 Cu-7-182 370,015 951,386 Cu-7-182A 369,639 951,391 Cu-7-183 369,389 951,143 Cu-7-184 369,322 951,076 Cu-7-185 368,854 950,922 Cu-7-186 368,488 950,650 Cu-7-187 368,297 950,580 Cu-7-188 367,647 950,767 Cu-7-189 366,689 950,737 Cu-7-190 366,317 950,658 Cu-7-191 366,138 950,541 Cu-7-192 365,769 950,590 Cu-7-193 365,508 950,586 Cu-7-194 365,101 950,335 Cu-7-195 364,751 950,302 Cu-7-196 364,387 950,403 Description of Location of Point Number Cu-7-196: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 30 of township 34 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-197 362,813 950,030 Description of Location of Point Number Cu-7-197: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 31 of township 34 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-198 362,702 949,975 Cu-7-199 362,664 949,867 Cu-7-200 362,399 949,498 Cu-7-201 362,444 949,369 Description of Location of Point Number Cu-7-201: A point near the north end of the headlands at Sisters Rocks located in section 31 of township 34 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-202 361,997 949,593 Description of Location of Point Number Cu-7-202: A point near the east end of the headlands on the south side of Sisters Rocks located in section 31 of township 34 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-203 362,121 949,727 Cu-7-204 362,173 949,869 Cu-7-205 362,160 949,970 Cu-7-206 361,999 950,165 Cu-7-207 361,969 950,430 Cu-7-208 361,510 950,798 Cu-7-209 361,292 950,853 Cu-7-210 361,122 950,953 Cu-7-211 360,606 951,087 Cu-7-212 360,459 951,114 Cu-7-213 360,517 951,183 Cu-7-214 360,450 951,314 Cu-7-215 360,134 951,451 Cu-7-216 360,012 951,442 Cu-7-217 359,587 951,452 Cu-7-218 359,368 951,721 Cu-7-219 359,145 951,794 Description of Location of Point Number Cu-7-219: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 32 of township 34 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-220 357,690 952,165 Description of Location of Point Number Cu-7-220: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 5 of township 35 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-221 357,476 952,176 Cu-7-221A 357,111 952,003 Cu-7-221B 356,695 951,879 Cu-7-222 356,625 951,808 Cu-7-222A 356,493 951,585 Cu-7-222B 356,263 951,649 Cu-7-222C 356,323 951,775 Cu-7-223 356,455 951,847 Cu-7-224 356,487 952,018 Cu-7-225 356,391 952,207 Description of Location of Point Number Cu-7-225: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 5 of township 35 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-226 354,226 952,943 Description of Location of Point Number Cu-7-226: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 5 of township 35 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-226A 353,863 952,893 Cu-7-226B 353,626 952,933 Cu-7-227 353,146 952,852 Cu-7-228 353,058 952,718 Cu-7-229 352,840 952,706 Cu-7-230 352,633 952,769 Cu-7-231 351,862 952,627 Cu-7-232 351,477 952,632 Cu-7-232A 350,538 952,721 Cu-7-232B 349,420 952,752 Cu-7-233 349,083 952,680 Cu-7-234 348,478 952,367 Cu-7-234A 348,283 952,216 Cu-7-234B 348,268 952,170 Cu-7-234C 348,210 952,173 Cu-7-234D 348,060 952,066 Cu-7-235 348,028 951,988 Cu-7-235A 347,971 951,987 Cu-7-235B 347,787 951,883 Cu-7-235C 347,785 951,844 Cu-7-235D 347,741 951,853 Cu-7-236 347,644 951,774 Description of Location of Point Number Cu-7-236: A point near the north boundary of property owned through the State Parks and Recreation Department and located near the section line between section 8 and section 17 of township 35 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-237 333,550 946,491 Description of Location of Point Number Cu-7-237: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 30 of township 35 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-237A 333,494 946,351 Cu-7-238 333,300 946,191 Cu-7-239 332,866 946,032 Cu-7-240 332,566 945,795 Cu-7-241 332,146 945,613 Cu-7-242 331,983 945,634 Cu-7-243 331,576 945,411 Cu-7-244 331,475 945,311 Cu-7-245 330,699 944,933 Cu-7-246 330,397 944,802 Cu-7-247 330,267 944,738 Cu-7-248 330,042 944,681 Cu-7-249 329,435 944,417 Cu-7-250 329,020 944,195 Cu-7-251 328,553 943,911 Cu-7-252 328,291 943,737 Cu-7-253 328,223 943,648 Cu-7-254 327,927 943,419 Cu-7-255 327,780 943,235 Cu-7-256 327,620 943,178 Cu-7-257 327,429 943,048 Cu-7-258 327,406 942,965 Description of Location of Point Number Cu-7-258: A point near the north end of the first headlands south of Nesika Beach located in section 36 of township 35 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-259 327,129 943,003 Description of Location of Point Number Cu-7-259: A point near the south end of the first headlands south of Nesika Beach located in section 36 of township 35 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-260 327,142 943,114 Cu-7-261 327,108 943,217 Cu-7-262 326,970 943,331 Cu-7-263 326,722 943,382 Cu-7-264 326,467 943,198 Cu-7-265 326,241 943,072 Cu-7-266 325,990 943,172 Cu-7-267 325,794 943,124 Cu-7-268 325,798 943,026 Description of Location of Point Number Cu-7-268: A point near the north end of the headlands west of Geisel Monument State Park located in section 1 of township 36 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-269 325,323 943,307 Description of Location of Point Number Cu-7-269: A point near the south end of the headlands west of Geisel Monument State Park located in section 1 of township 36 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-270 325,296 943,418 Cu-7-271 325,230 943,486 Cu-7-272 324,897 943,617 Cu-7-273 324,613 943,583 Cu-7-274 323,664 943,235 Cu-7-275 323,431 943,126 Cu-7-276 322,581 942,873 Cu-7-277 322,427 942,803 Cu-7-278 322,251 942,654 Cu-7-279 322,155 942,643 Cu-7-280 321,834 942,541 Cu-7-281 321,401 942,493 Cu-7-282 321,303 942,516 Cu-7-283 321,162 942,457 Cu-7-284 320,966 942,548 Cu-7-285 320,879 942,553 Cu-7-286 320,735 942,469 Cu-7-287 320,662 942,356 Cu-7-288 320,706 942,189 Description of Location of Point Number Cu-7-288: A point near the north end of the headlands on the north side of Hubbard Mound located in section 12 of township 36 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-289 319,993 942,104 Description of Location of Point Number Cu-7-289: A point near the south end of the headlands on the south side of Hubbard Mound located in section 12 of township 36 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-290 319,969 942,269 Cu-7-291 319,871 942,369 Cu-7-292 319,716 942,455 Cu-7-293 319,658 942,530 Cu-7-294 319,339 942,693 Cu-7-295 318,872 942,734 Cu-7-296 318,543 942,722 Cu-7-297 318,142 942,591 Cu-7-298 318,097 942,673 Cu-7-299 317,962 942,733 Cu-7-300 317,655 942,687 Cu-7-301 317,489 942,581 Cu-7-302 317,207 942,446 Cu-7-303 317,083 942,404 Cu-7-304 316,624 942,415 Cu-7-305 316,508 942,342 Cu-7-306 316,249 942,464 Cu-7-307 316,067 942,452 Cu-7-308 315,770 942,318 Cu-7-309 315,502 942,118 Cu-7-310 315,456 942,061 Description of Location of Point Number Cu-7-310: A point near the north end of the headlands on the north side of Otter Point located in section 13 of township 36 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-311 314,647 942,005 Description of Location of Point Number Cu-7-311: A point near the south end of the headlands on the south side of Otter Point located in section 13 of township 36 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-312 314,646 942,186 Cu-7-313 314,446 942,420 Cu-7-314 314,281 942,516 Description of Location of Point Number Cu-7-314: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 13 of township 36 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-315 311,671 941,575 Description of Location of Point Number Cu-7-315: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 13 of township 36 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-316 311,148 941,107 Cu-7-317 310,653 940,806 Cu-7-318 310,462 940,576 Cu-7-319 309,914 940,219 Cu-7-320 309,762 940,223 Cu-7-321 309,704 940,033 Cu-7-322 309,061 939,705 Cu-7-323 308,802 939,615 Cu-7-324 308,759 939,502 Cu-7-325 308,405 939,278 Cu-7-326 307,772 938,993 Cu-7-327 307,297 938,681 Cu-7-328 306,432 938,442 Cu-7-329 305,981 938,395 Cu-7-330 305,681 938,412 Cu-7-331 303,769 938,681 Cu-7-332 303,158 938,841 Cu-7-333 301,995 939,029 Cu-7-334 301,380 939,121 Cu-7-335 300,895 939,188 Cu-7-336 300,624 939,280 Cu-7-337 299,561 940,144 Cu-7-338 299,278 940,253 Cu-7-339 298,493 940,355 Cu-7-340 298,023 940,373 Cu-7-341 297,112 940,531 Cu-7-342 296,463 940,567 Cu-7-343 296,190 940,557 Cu-7-344 295,912 940,563 Cu-7-345 295,542 940,675 Cu-7-346 295,184 940,661 Cu-7-347 294,436 940,637 Cu-7-348 293,721 940,721 Cu-7-349 293,103 940,677 Cu-7-350 292,924 940,726 Cu-7-351 292,754 940,655 Cu-7-352 292,555 940,699 Cu-7-353 292,331 940,649 Cu-7-354 291,538 940,671 Cu-7-355 290,969 940,618 Cu-7-356 290,488 940,639 Cu-7-357 289,821 940,602 Cu-7-358 289,127 940,603 Cu-7-359 288,874 940,656 Cu-7-360 288,782 940,825 Cu-7-361 288,451 940,821 Cu-7-362 288,296 940,866 Cu-7-363 287,858 940,876 Description of Location of Point Number Cu-7-363: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 12 of township 37 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-364 283,800 940,465 Description of Location of Point Number Cu-7-364: A point near the south boundary of Buena Vista Ocean Wayside located in section 13 of township 37 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-365 282,516 940,370 Cu-7-366 282,438 940,462 Cu-7-367 282,176 940,320 Cu-7-368 282,064 940,292 Cu-7-369 281,788 940,445 Cu-7-370 281,665 940,291 Cu-7-371 281,395 940,250 Cu-7-372 281,221 940,363 Cu-7-373 281,096 940,249 Cu-7-374 280,653 940,150 Cu-7-375 280,355 940,255 Cu-7-376 280,226 940,089 Cu-7-377 279,929 940,062 Cu-7-378 279,622 940,290 Cu-7-379 279,513 940,014 Cu-7-380 279,232 939,978 Cu-7-381 278,950 940,192 Cu-7-382 278,891 940,095 Description of Location of Point Number Cu-7-382: A point near the north boundary of Cape Sebastian State Park located in section 24 of township 37 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-383 274,342 939,579 Description of Location of Point Number Cu-7-383: A point near the south boundary of Cape Sebastian State Park located in section 25 of township 37 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-384 273,523 939,403 Cu-7-385 273,238 939,357 Cu-7-386 272,272 939,252 Cu-7-387 271,793 939,200 Cu-7-388 271,676 939,279 Cu-7-389 271,153 939,118 Cu-7-390 270,856 939,215 Cu-7-391 270,695 939,168 Cu-7-392 270,576 939,067 Cu-7-393 270,530 938,848 Description of Location of Point Number Cu-7-393: A point near the north end of the headlands on the north side of Cape Sebastian located in section 25 of township 37 south, range 15 west of the Willamette Meridian in Curry County. Cu-7-394 252,193 943,857 Description of Location of Point Number Cu-7-394: A point near the south boundary of Pistol River State Park located in the north half of section 18 of township 38 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-395 251,337 943,988 Cu-7-396 250,834 943,982 Cu-7-397 250,150 943,917 Cu-7-398 249,456 943,857 Cu-7-399 249,221 943,848 Cu-7-400 248,941 943,837 Description of Location of Point Number Cu-7-400: A point near the north boundary of Pistol River State Park located in the south half of section 18 of township 38 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-401 237,990 941,097 Description of Location of Point Number Cu-7-401: A point near the east end of the headlands on the southeast side of Crook Point located in section 30 of township 38 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-402 238,002 941,155 Cu-7-403 237,911 941,355 Cu-7-404 237,763 941,532 Cu-7-405 237,760 941,572 Cu-7-406 237,668 941,620 Cu-7-407 237,678 941,691 Cu-7-408 237,443 941,869 Cu-7-409 237,132 942,050 Cu-7-410 237,039 942,168 Cu-7-411 236,964 942,398 Cu-7-412 236,877 942,491 Cu-7-413 236,760 942,718 Cu-7-414 236,379 942,999 Cu-7-415 236,173 943,040 Cu-7-416 236,194 943,117 Cu-7-417 236,080 943,272 Cu-7-418 235,875 943,438 Cu-7-419 235,756 943,434 Cu-7-420 235,362 943,676 Cu-7-421 235,067 943,889 Cu-7-422 234,713 944,091 Cu-7-423 234,438 944,109 Cu-7-424 234,202 944,131 Cu-7-425 233,875 944,273 Cu-7-426 233,767 944,603 Cu-7-426A 233,796 944,765 Cu-7-427 233,751 944,956 Cu-7-428 233,658 945,132 Cu-7-429 233,426 945,412 Cu-7-430 233,190 945,531 Cu-7-431 232,977 945,586 Cu-7-432 232,849 945,773 Cu-7-433 232,791 945,872 Cu-7-434 232,500 946,110 Cu-7-435 232,162 946,219 Cu-7-436 231,955 946,251 Cu-7-437 231,935 946,363 Cu-7-438 231,796 946,495 Cu-7-439 231,567 946,582 Cu-7-440 231,481 946,552 Description of Location of Point Number Cu-7-440: A point near the north end of the headlands north of Burnt Hill Creek located in section 5 of township 39 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-441 230,977 947,008 Description of Location of Point Number Cu-7-441: A point near the south end of the headlands north of Burnt Hill Creek located in section 5 of township 39 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-442 231,019 947,130 Cu-7-443 230,972 947,316 Cu-7-444 230,895 947,402 Cu-7-445 230,752 947,520 Cu-7-446 230,697 947,583 Cu-7-447 230,628 947,614 Cu-7-448 230,477 947,633 Cu-7-449 230,135 947,791 Cu-7-450 229,994 947,781 Cu-7-451 229,919 947,725 Description of Location of Point Number Cu-7-451: A point near the north end of the headlands near the north boundary of Samuel H. Boardman State Park located in section 5 of township 39 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-452 177,049 960,075 Description of Location of Point Number Cu-7-452: A point near the south end of the headlands near the south boundary of Samuel H. Boardman State Park located in section 26 of township 40 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-453 176,938 960,255 Cu-7-454 176,778 960,301 Cu-7-455 176,776 960,437 Cu-7-456 176,688 960,619 Cu-7-457 176,723 960,706 Cu-7-457A 176,616 960,798 Cu-7-458 176,725 960,970 Cu-7-459 176,621 961,227 Description of Location of Point Number Cu-7-459: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 26 of township 40 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-460 175,617 962,284 Description of Location of Point Number Cu-7-460: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 26 of township 40 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-461 175,336 962,456 Cu-7-462 175,076 962,452 Cu-7-463 174,992 962,337 Cu-7-464 174,936 962,390 Cu-7-465 174,996 962,494 Cu-7-466 174,970 962,593 Cu-7-467 174,815 962,691 Cu-7-468 174,652 962,717 Cu-7-469 174,604 962,765 Cu-7-470 174,344 962,837 Cu-7-470A 174,254 962,835 Cu-7-471 174,119 962,857 Cu-7-472 173,877 963,022 Cu-7-473 173,421 963,236 Cu-7-474 173,343 963,406 Cu-7-475 172,855 963,444 Cu-7-476 172,833 963,492 Cu-7-477 172,571 963,517 Cu-7-478 172,417 963,455 Cu-7-479 172,156 963,399 Cu-7-480 171,905 963,355 Cu-7-481 171,841 963,486 Cu-7-482 171,808 963,616 Cu-7-483 171,692 963,608 Cu-7-484 171,548 963,525 Cu-7-485 171,508 963,583 Cu-7-486 171,466 963,796 Cu-7-487 171,338 963,936 Cu-7-488 171,006 963,958 Cu-7-489 170,889 964,062 Cu-7-490 170,615 964,243 Cu-7-490A 170,488 964,371 Cu-7-490B 170,355 964,425 Cu-7-490C 170,244 964,513 Cu-7-491 170,247 964,622 Cu-7-492 170,159 964,671 Cu-7-493 170,070 964,634 Description of Location of Point Number Cu-7-493: A point near the north boundary of Harris Beach State Park located in section 36 of township 40 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-494 167,853 967,675 Description of Location of Point Number Cu-7-494: A point near the south boundary of Harris Beach State Park located in section 1 of township 41 south, range 14 west of the Willamette Meridian in Curry County. Cu-7-495 167,343 967,740 Cu-7-496 167,165 967,873 Cu-7-497 167,182 968,104 Cu-7-498 167,085 968,102 Cu-7-499 166,970 967,980 Cu-7-500 166,890 968,034 Cu-7-501 166,964 968,161 Cu-7-502 166,670 968,413 Cu-7-503 166,255 968,316 Cu-7-504 166,208 968,417 Cu-7-505 166,058 968,514 Cu-7-506 165,819 968,568 Cu-7-507 165,408 968,579 Cu-7-508 165,297 968,503 Cu-7-509 165,316 968,399 Cu-7-510 165,020 968,444 Cu-7-511 165,071 968,490 Cu-7-512 165,053 968,567 Cu-7-513 164,962 968,643 Description of Location of Point Number Cu-7-513: A point at the north end of the headlands just west of Hub Street in the City of Brookings located in section 6 of township 41 south, range 13 west of the Willamette Meridian in Curry County. Cu-7-514 164,204 968,716 Description of Location of Point Number Cu-7-514: A point near the south end of the headlands just west of Iris Street in the City of Brookings located in section 6 of township 41 south, range 13 west of the Willamette Meridian in Curry County. Cu-7-515 164,065 968,790 Cu-7-516 163,964 968,738 Description of Location of Point Number Cu-7-516: A point near the north end of the headlands west of Collis Lane in the City of Brookings located in section 6 of township 41 south, range 13 west of the Willamette Meridian in Curry County. Cu-7-517 163,616 969,413 Description of Location of Point Number Cu-7-517: A point near the south end of the first headlands north of Chetco Point located in section 6 of township 41 south, range 13 west of the Willamette Meridian in Curry County. Cu-7-518 163,660 969,483 Cu-7-519 163,496 969,623 Cu-7-520 163,239 969,733 Cu-7-521 163,141 969,816 Cu-7-522 162,930 969,884 Cu-7-523 162,846 970,003 Cu-7-524 162,822 970,636 Cu-7-525 162,636 971,054 Cu-7-526 162,516 971,217 Cu-7-527 162,288 971,353 Cu-7-528 162,091 971,398 Cu-7-529 161,990 971,371 Cu-7-530 161,846 971,291 Cu-7-531 161,802 971,399 Cu-7-532 161,639 971,433 Cu-7-533 161,413 971,424 Cu-7-534 161,267 971,363 Cu-7-535 161,253 971,316 Cu-7-536 161,058 971,038 Cu-7-537 161,032 970,945 Cu-7-538 161,085 970,906 Description of Location of Point Number Cu-7-538: A point near the east end of the headlands on the north side of Chetco Point located in section 7 of township 41 south, range 13 west of the Willamette Meridian in Curry County. Cu-7-539 160,835 970,993 Description of Location of Point Number Cu-7-539: A point near the southeast end of the headlands on the south side of Chetco Point located in section 7 of township 41 south, range 13 west of the Willamette Meridian in Curry County. Cu-7-540 160,877 970,982 Cu-7-541 160,984 971,113 Cu-7-542 161,056 971,337 Cu-7-543 161,327 971,526 Cu-7-544 161,346 971,624 Cu-7-545 161,442 971,619 Cu-7-546 161,543 971,869 Cu-7-547 161,541 972,098 Cu-7-548 161,476 972,284 Cu-7-549 161,427 972,320 Cu-7-550 161,528 972,418 Cu-7-551 161,698 972,784 Cu-7-552 161,633 973,055 Cu-7-553 161,548 973,154 Cu-7-554 161,282 973,278 Cu-7-555 161,127 973,267 Cu-7-556 161,104 973,227 Cu-7-557 161,116 973,168 Description of Location of Point Number Cu-7-557: A point near the north end of the headlands on the north side of Chetco Cove located in section 7 of township 41 south, range 13 west of the Willamette Meridian in Curry County. Cu-7-558 161,504 974,502 Description of Location of Point Number Cu-7-558: A point near the east end of the headlands on the north side of Chetco Cove located in section 8 of township 41 south, range 13 west of the Willamette Meridian in Curry County. Cu-7-559 161,529 974,635 Cu-7-560 161,544 974,866 Cu-7-561 161,649 975,127 Cu-7-562 161,562 975,508 Cu-7-563 161,508 975,746 Cu-7-564 161,526 975,953 Cu-7-565 161,433 976,127 Cu-7-566 160,379 977,263 Cu-7-567 160,031 977,584 Cu-7-568 159,387 978,208 Cu-7-569 158,715 978,406 Cu-7-570 158,434 978,624 Cu-7-571 158,159 978,719 Cu-7-572 158,032 978,847 Cu-7-573 157,479 978,988 Cu-7-574 157,462 979,134 Cu-7-575 157,198 979,298 Cu-7-576 156,876 979,630 Cu-7-577 156,780 979,674 Cu-7-578 156,637 980,008 Cu-7-579 156,570 979,994 Cu-7-580 156,547 980,077 Cu-7-581 155,833 980,413 Cu-7-582 155,518 980,627 Cu-7-583 155,145 980,715 Cu-7-584 155,047 980,689 Cu-7-585 155,067 980,612 Cu-7-586 154,825 980,572 Cu-7-587 154,813 980,617 Cu-7-588 154,921 980,757 Cu-7-589 154,852 980,881 Cu-7-590 154,945 980,926 Cu-7-591 154,890 981,077 Cu-7-592 154,457 981,657 Cu-7-593 154,205 981,833 Cu-7-594 153,898 982,094 Cu-7-595 154,197 982,374 Cu-7-596 154,187 982,498 Cu-7-597 153,956 982,999 Cu-7-598 153,474 983,252 Cu-7-599 153,305 983,531 Cu-7-600 153,286 983,807 Cu-7-601 153,013 984,447 Cu-7-602 152,765 984,652 Cu-7-603 152,662 984,708 Cu-7-604 152,633 984,751 Cu-7-605 151,850 985,113 Cu-7-606 151,497 985,195 Cu-7-607 151,277 985,196 Cu-7-608 150,861 985,540 Cu-7-609 150,632 985,569 Cu-7-610 150,504 985,688 Cu-7-611 150,030 986,310 Cu-7-612 149,534 986,461 Cu-7-613 149,266 986,445 Cu-7-614 149,132 986,537 Cu-7-615 149,047 986,629 Cu-7-616 149,098 986,767 Cu-7-617 148,936 986,896 Cu-7-618 148,797 986,890 Cu-7-619 149,033 987,119 Cu-7-620 149,030 987,307 Cu-7-621 148,949 987,399 Cu-7-622 147,977 988,656 Cu-7-623 147,740 989,001 Cu-7-624 147,212 989,610 Cu-7-625 146,900 989,883 Cu-7-626 146,614 990,134 Cu-7-626A 146,463 990,180 Cu-7-627 146,242 990,362 Cu-7-627A 146,106 990,481 Cu-7-628 146,007 990,676 Cu-7-628A 146,030 990,783 Cu-7-629 146,181 990,926 Cu-7-629A 146,439 991,778 Cu-7-629B 145,626 992,092 Cu-7-629C 145,317 991,861 Cu-7-630 145,288 991,314 Cu-7-631 145,176 991,095 Cu-7-632 144,723 991,295 Cu-7-633 143,886 991,657 Cu-7-634 143,339 991,832 Description of Location of Point Number Cu-7-634: A point near the Oregon-California boundary and near the line located between section 26 of township 41 south, range 13 west of the Willamette Meridian in Curry County, Oregon, and section 32 of township 19 north, range 1 west of the Humboldt Meridian in Del Norte County, California. [1969 c.601 §8] 390.775 [1977 c.263 §1; repealed by 1983 c.338 §978] 390.780 [1977 c.263 §2; 1981 c.239 §1; repealed by 1983 c.338 §978] 390.785 [1977 c.263 §3; 1979 c.819 §1; repealed by 1983 c.338 §978] 390.790 [1977 c.263 §4; 1979 c.819 §2; repealed by 1983 c.338 §978] 390.792 [1979 c.819 §4; 1983 c.335 §1; repealed by 1983 c.338 §978] 390.795 [1977 c.263 §5; 1983 c.335 §2; repealed by 1983 c.338 §978] SCENIC WATERWAYS 390.805 Definitions for ORS 390.805 to 390.925. As used in ORS 390.805 to 390.925, unless the context requires otherwise: (1) “Related adjacent land” means all land within one-fourth of one mile of the bank on the side of Waldo Lake, or a river or segment of river within a scenic waterway, except land that, in the department’s judgment, does not affect the view from the waters within a scenic waterway. (2) “Scenic easement” means the right to control the use of related adjacent land, including air space above such land, for the purpose of protecting the scenic view from waters within a scenic waterway; but such control does not affect, without the owner’s consent, any regular use exercised prior to the acquisition of the easement, and the landowner retains the right to uses of the land not specifically restricted by the easement. (3) “Scenic waterway” means Waldo Lake, or a river or segment of river that has been designated as such in accordance with ORS 390.805 to 390.925 or any subsequent Act, and includes related adjacent land. [1971 c.1 §2; 1981 c.787 §55; 1983 c.334 §1; 1983 c.642 §10; 1989 c.904 §25; 1995 c.79 §203; 2001 c.104 §132] 390.815 Policy; establishment of system. The people of Oregon find that many of the free-flowing rivers of Oregon and Waldo Lake and lands adjacent to such lake and rivers possess outstanding scenic, fish, wildlife, geological, botanical, historic, archaeologic, and outdoor recreation values of present and future benefit to the public. The people of Oregon also find that the policy of permitting construction of dams and other impoundment facilities at appropriate sections of the rivers of Oregon and Waldo Lake needs to be complemented by a policy that would preserve Waldo Lake and selected rivers or sections thereof in a free-flowing condition and would protect and preserve the natural setting and water quality of the lake and such rivers and fulfill other conservation purposes. It is therefore the policy of Oregon to preserve for the benefit of the public Waldo Lake and selected parts of the state’s free-flowing rivers. For these purposes there is established an Oregon Scenic Waterways System to be composed of areas designated in accordance with ORS 390.805 to 390.925 and any subsequent Acts. [1971 c.1 §1; 1983 c.334 §2] 390.825 [1971 c.1 §3; 1975 c.612 §1; 1977 c.671 §1; 1983 c.334 §3; 1985 c.781 §§1,2; 1987 c.291 §1; repealed by 1989 c.2 §1 (390.826 enacted in lieu of 390.825)] 390.826 Designated scenic waterways. The following lakes and rivers, or segments of rivers, and related adjacent land are designated as scenic waterways: (1) The Metolius Scenic Waterway which includes the Metolius River from Metolius Springs downstream to its confluence with Candle Creek. (2) The Klamath Scenic Waterway which includes the Klamath River from the John Boyle Dam powerhouse downstream to the Oregon-California border. (3) The Clackamas Scenic Waterway which includes: (a) The segments of the Clackamas River from the boundary of the Olallie Lake Scenic Area, as constituted on December 8, 1988, downstream to the North Fork Reservoir, and from immediately below the River Mill Dam downstream to the bridge at Carver; (b) The South Fork Clackamas River from its confluence with an unnamed tributary near the western boundary of Section 7, Township 5 South, Range 5 East, Willamette Meridian, downstream to the confluence of the South Fork Clackamas River with the Clackamas River; and (c) The North Fork Clackamas River from its source downstream to the North Fork Reservoir. (4) The McKenzie Scenic Waterway which includes: (a) The segments of the McKenzie River from Clear Lake downstream to Carmen Reservoir, from Tamolitch Falls downstream to Trail Bridge Reservoir and from Trail Bridge Dam downstream to Paradise Campground; and (b) The segments of the South Fork McKenzie River from the boundary of the Three Sisters Wilderness, as constituted on December 8, 1988, downstream to Cougar Reservoir, and from immediately below Cougar Dam downstream to its confluence with the McKenzie River. (5) The Deschutes Scenic Waterway which includes the segments of the Deschutes River from Little Lava Lake downstream to Crane Prairie Reservoir, from the gaging station immediately below Wickiup Dam downstream to General Patch Bridge, from Harper Bridge downstream to the Central Oregon Irrigation District’s diversion structure (near river mile 171), from Robert Sawyer Park downstream to Tumalo State Park, from Deschutes Market Road Bridge downstream to Lake Billy Chinook Reservoir (excluding the Cline Falls hydroelectric facility near river mile 145), and from immediately below the existing Pelton reregulating dam downstream to the confluence of the Deschutes River with the Columbia River, excluding the City of Maupin as its boundaries are constituted on October 4, 1977. (6) The Santiam Scenic Waterway which includes the Little North Fork of the Santiam River from the confluence of Battle Ax Creek and Opal Creek downstream to the boundary of the Willamette National Forest, as constituted on September 20, 1985. (7) The John Day Scenic Waterway which includes: (a) The John Day River from its confluence with Parrish Creek downstream to Tumwater Falls; (b) The North Fork John Day River from the boundary of the North Fork John Day Wilderness (near river mile 76), as constituted on December 8, 1988, downstream to the northern boundary of the south one-half of Section 20, Township 8 South, Range 28 East, Willamette Meridian; (c) The Middle Fork John Day River from its confluence with Crawford Creek (near river mile 71) downstream to the confluence of the Middle Fork John Day River with the North Fork John Day River; and (d) The South Fork John Day River from the Post-Paulina road crossing (near river mile 35) downstream to the northern boundary of the Murderer’s Creek Wildlife Area, as constituted on December 8, 1988 (near river mile 6). (8) The Illinois Scenic Waterway which includes the Illinois River from its confluence with Deer Creek downstream to its confluence with the Rogue River. (9) The Rogue Scenic Waterway which includes the segments of the Rogue River from the boundary of Crater Lake National Park, as constituted on December 8, 1988, downstream to the boundary of the Rogue River National Forest, as constituted on December 8, 1988 (near river mile 173), and from the confluence of the Rogue River with the Applegate River downstream to Lobster Creek Bridge. (10) The Umpqua Scenic Waterway which includes the segments of the North Umpqua River from the boundary of the Mt. Thielsen Wilderness, as constituted on December 8, 1988, downstream to Lemolo Reservoir, and from the Soda Springs Dam powerhouse downstream to its confluence with Rock Creek (near Idleyld Park). (11) The Nestucca Scenic Waterway which includes: (a) The Nestucca River from immediately below the McGuire Dam downstream to its confluence with East Creek (near Blaine); and (b) Walker Creek from its source downstream to its confluence with the Nestucca River. (12) The Wallowa-Grande Ronde Scenic Waterway which includes: (a) The Grande Ronde River from its confluence with the Wallowa River downstream to the Oregon-Washington border; and (b) The Wallowa River from its confluence with the Minam River downstream to the confluence of the Wallowa River with the Grande Ronde River. (13) The Minam Scenic Waterway which includes the Minam River from Minam Lake downstream to its confluence with the Wallowa River. (14) The Elk Scenic Waterway which includes: (a) The Elk River from the confluence of the North Fork Elk River and South Fork Elk River downstream to the Elk River fish hatchery; (b) The North Fork Elk River from its source downstream to its confluence with the South Fork Elk River; and (c) The South Fork Elk River from its source downstream to its confluence with the North Fork Elk River. (15) The Owyhee Scenic Waterway which includes: (a) The South Fork Owyhee River from the Oregon-Idaho border downstream to Three Forks; and (b) The Owyhee River from Crooked Creek (near river mile 118) downstream to the mouth of Birch Creek (near river mile 76). (16) The North Fork of the Middle Fork Willamette Scenic Waterway which includes the North Fork of the Middle Fork Willamette River from Waldo Lake downstream to a point one mile upstream from the railroad bridge near the town of Westfir. (17) The Waldo Lake Scenic Waterway which includes Waldo Lake in Lane County. [1989 c.2 §2 (enacted in lieu of 390.825)] 390.827 Effect of ORS 390.826 on rights of Indian tribes. Nothing in ORS 390.826 shall: (1) Affect or modify any treaty or other rights of any Indian tribe; or (2) Affect lands held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other lands acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes. [1989 c.2 §3] Note: 390.827 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 390.835 Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining. (1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. No dam, or reservoir, or other water impoundment facility shall be constructed on waters within scenic waterways. No water diversion facility shall be constructed or used except by right previously established or as permitted by the Water Resources Commission, upon a finding that such diversion is necessary to uses designated in ORS 536.310 (12), and in a manner consistent with the policies set forth under ORS 390.805 to 390.925. The Water Resources Commission shall administer and enforce the provisions of this subsection. (2) Filling of the beds or removal of material from or other alteration of the beds or banks of scenic waterways for purposes other than recreational prospecting not requiring a permit shall be prohibited, except as permitted by the Director of the Department of State Lands upon a finding that such activity would be consistent with the policies set forth under ORS 390.805 to 390.925 for scenic waterways and in a manner consistent with the policies set forth under ORS 196.800 to 196.825 and 196.840 to 196.870 for removal of material from the beds and banks and filling of any waters of this state. The Director of the Department of State Lands shall administer and enforce the provisions of this subsection. (3)(a) Upon a finding of emergency circumstances, the Director of the Department of State Lands may issue a temporary permit for the removal, filling or alteration of the beds or banks within a scenic waterway. The temporary permit shall include conditions developed after consultation with the State Department of Fish and Wildlife and the State Parks and Recreation Department. (b) As used in this subsection, “emergency circumstances” exist if prompt action is necessary to prevent irreparable harm, injury or damage to persons or property. (4) Any person adversely affected or aggrieved by the grant or denial of a permit under subsection (2) or (3) of this section may appeal in accordance with the procedure set forth in ORS 196.835. (5) Nothing in ORS 390.805 to 390.925 affects the authority of the State Fish and Wildlife Commission to construct facilities or make improvements to facilitate the passage or propagation of fish or to exercise other responsibilities in managing fish and wildlife resources. Nothing in ORS 390.805 to 390.925 affects the authority of the Water Resources Commission to construct and maintain stream gauge stations and other facilities related to the commission’s duties in administration of the water laws. (6) Upon a finding of necessity under subsection (1) of this section, the Water Resources Commission may issue a water right for human consumption not to exceed 0.005 cubic feet per second per household, or livestock consumption uses not to exceed one-tenth of one cubic foot per second per 1,000 head of livestock, as designated in ORS 536.310 (12) within or above a scenic waterway if the Water Resources Commission makes the following findings: (a) That issuing the water right does not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (b) That issuing the water right is consistent with provisions pertaining to water appropriation and water rights under ORS chapters 536 and 537 and rules adopted thereunder. (c) That construction, operation and maintenance of the diversion system will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925. (d) If the water right is for human consumption, an additional finding that: (A) The applicant cannot reasonably obtain water from any other source; (B) Denial of the water right would result in loss of reasonable expectations for use of the property; and (C) The system installed to divert water shall include monitoring equipment to permit water use measurement and reporting. (e) If the water right is for livestock consumption, an additional finding that: (A) The right is necessary to prevent the livestock from watering in or along the stream bed; (B) The applicant cannot reasonably obtain water from any other source; and (C) The applicant has excluded livestock from the stream and its adjacent riparian zone. (7) In making the findings required under subsection (6) of this section, the Water Resources Commission shall consider the existing or potential cumulative impacts of issuing the water right. (8) The Water Resources Commission may not allow human consumption and livestock uses authorized under subsection (6) of this section in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless: (a) The Water Resources Commission, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and (b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (9)(a) The provisions of this section shall not apply to a water right application for the use of ground water as defined in ORS 537.515, except upon a finding by the Water Resources Director based on a preponderance of evidence that the use of ground water will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife. (b) The Water Resources Department shall review every application for the use of ground water to determine whether to make the finding specified in paragraph (a) of this subsection. The finding shall be based upon the application of generally accepted hydrogeologic methods using relevant and available field information concerning the proposed use. (c) In making the determination required by paragraph (a) of this subsection, the Water Resources Department shall consider the timing of projected impacts of the proposed use in relation to other factors, including but not limited to: Changing climate, recharge, incidental precipitation, out-of-stream appropriations and return flows. (d) If the Water Resources Director makes the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order denying the application unless: (A) Mitigation is provided in accordance with subsection (10) of this section; or (B) The applicant submits evidence to overcome the finding under paragraph (a) of this subsection. (e) Except as provided under subsection (13) of this section, if the Water Resources Director does not make the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order approving the application if the application otherwise meets the requirements of ORS 537.505 to 537.795. (f) A protest of any order issued under this subsection may be filed in the same manner as a protest on any application for a right to appropriate ground water. (g) Each water right permit and certificate for appropriation of ground water issued after July 19, 1995, for which a source of appropriation is within or above a scenic waterway shall be conditioned to allow the regulation of the use if analysis of data available after the permit or certificate is issued discloses that the appropriation will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife in effect as of the priority date of the right or as those quantities may be subsequently reduced. (h) Nothing in this subsection shall limit the use of ground water for a use exempted under ORS 537.545. (10) The Water Resources Commission or Water Resources Director shall consider mitigation measures and may include mitigation measures as conditions in any water right permit or certificate to ensure the maintenance of the free-flowing character of the scenic waterway in quantities necessary for recreation, fish and wildlife. (11) The Water Resources Commission and the Water Resources Director shall carry out their responsibilities under ORS 536.220 to 536.590 with respect to the waters within scenic waterways in conformity with the provisions of this section. (12) As used in this section, “measurably reduce” means that the use authorized under subsection (9) of this section will individually or cumulatively reduce surface water flows within the scenic waterway in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless: (a) The Water Resources Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and (b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (13) Before authorizing an appropriation that will reduce streamflows within a scenic waterway in amounts up to but not exceeding the amounts described in subsection (12) of this section, the Water Resources Director shall find: (a) That the appropriation will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (b) That the appropriation is consistent with provisions pertaining to water appropriations and water rights under ORS chapters 536 and 537 and the rules adopted thereunder. (c) That construction, operation and maintenance of the appropriation will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925. (14) No placer mining shall be permitted on waters within scenic waterways other than recreational placer mining. (15) No person shall be required to obtain a permit for recreational prospecting resulting in the fill, removal or other alteration of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single scenic waterway in a single year. Recreational prospecting shall not occur at any site where fish eggs are present. (16) No provision of this section shall be construed to exempt recreational placer mining on a scenic waterway, other than recreational prospecting not requiring a permit, from compliance with the provisions of ORS 196.800 to 196.825 and 196.840 to 196.870 or rules adopted pursuant to ORS 196.800 to 196.825 and 196.840 to 196.870. (17) Recreational placer mining, other than recreational prospecting not requiring a permit, shall not: (a) Dam or divert a waterway or obstruct fish passage; (b) Include nozzling, sluicing or digging outside the wet perimeter of the stream, nor extend the wet perimeter; (c) Include movement of boulders, logs, stumps or other woody material from the wet perimeter other than movement by hand and nonmotorized equipment; (d) Involve the disturbance of rooted or embedded woody plants, including trees and shrubs, regardless of their location; (e) Include excavation from the streambank; (f) Fail to level pits, piles, furrows or potholes outside the main channel of the waterway upon leaving the site; (g) Include operation of a suction dredge without a suction dredge waste discharge permit from the Department of Environmental Quality including, but not limited to, a prohibition against dredging during periods when fish eggs could be in the dredging site gravel; (h) Be conducted on federal lands except as allowed by agencies of the federal government; (i) Impede boating; (j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within 500 feet of a campground except within a federally designated recreational mining site; or (k) Include operation of a dredge within the marked or posted swimming area of a designated campground or day use area except within a federally designated recreational mining site. (18) As used in this section: (a) “Bed” means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar. (b) “Prospecting” means to search or explore for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate. (c) “Recreational placer mining” includes, but is not limited to, the use of nonmotorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding four inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding factory-installed noise reduction standards. “Recreational placer mining” does not include recreational prospecting that does not require a permit. (d) “Wet perimeter” means the area of the stream that is underwater, or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs. [1971 c.1 §4; 1973 c.756 §1; 1977 c.671 §2; 1985 c.673 §177; 1989 c.320 §1; 1993 c.99 §1; 1995 c.223 §1; 1995 c.719 §1; 1997 c.223 §1; 1997 c.478 §1; 2001 c.499 §1] Note: Operation of the amendments to 390.835 by section 8, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval is set forth for the user’s convenience. 390.835. (1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. A dam, reservoir or other water impoundment facility may not be constructed on waters within scenic waterways. A water diversion facility may not be constructed or used except by right previously established or as permitted by the Water Resources Commission, upon a finding that such diversion is necessary to uses designated in ORS 536.310 (12), and in a manner consistent with the policies set forth under ORS 390.805 to 390.925. The Water Resources Commission shall administer and enforce the provisions of this subsection. (2) Filling of the beds or removal of material from or other alteration of the beds or banks of scenic waterways for purposes other than recreational prospecting not requiring a permit shall be prohibited, except as permitted by the Director of the Department of State Lands upon a finding that such activity would be consistent with the policies set forth under ORS 390.805 to 390.925 for scenic waterways and in a manner consistent with the policies set forth under ORS 196.800 to 196.825 and 196.840 to 196.870 for removal of material from the beds and banks and filling of any waters of this state. The Director of the Department of State Lands shall administer and enforce the provisions of this subsection. (3)(a) Upon a finding of emergency circumstances, the Director of the Department of State Lands may issue a temporary permit for the removal, filling or alteration of the beds or banks within a scenic waterway. The temporary permit shall include conditions developed after consultation with the State Department of Fish and Wildlife and the State Parks and Recreation Department. (b) As used in this subsection, “emergency circumstances” exist if prompt action is necessary to prevent irreparable harm, injury or damage to persons or property. (4) Any person adversely affected or aggrieved by the grant or denial of a permit under subsection (2) or (3) of this section may appeal in accordance with the procedure set forth in ORS 196.835. (5) Nothing in ORS 390.805 to 390.925 affects the authority of the State Fish and Wildlife Commission to construct facilities or make improvements to facilitate the passage or propagation of fish or to exercise other responsibilities in managing fish and wildlife resources. Nothing in ORS 390.805 to 390.925 affects the authority of the Water Resources Commission to construct and maintain stream gauge stations and other facilities related to the commission’s duties in administration of the water laws. (6) Upon a finding of necessity under subsection (1) of this section, the Water Resources Commission may issue a water right for human consumption not to exceed 0.005 cubic feet per second per household, or livestock consumption uses not to exceed one-tenth of one cubic foot per second per 1,000 head of livestock, as designated in ORS 536.310 (12) within or above a scenic waterway if the Water Resources Commission makes the following findings: (a) That issuing the water right does not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (b) That issuing the water right is consistent with provisions pertaining to water appropriation and water rights under ORS chapters 536 and 537 and rules adopted thereunder. (c) That construction, operation and maintenance of the diversion system will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925. (d) If the water right is for human consumption, an additional finding that: (A) The applicant cannot reasonably obtain water from any other source; (B) Denial of the water right would result in loss of reasonable expectations for use of the property; and (C) The system installed to divert water shall include monitoring equipment to permit water use measurement and reporting. (e) If the water right is for livestock consumption, an additional finding that: (A) The right is necessary to prevent the livestock from watering in or along the stream bed; (B) The applicant cannot reasonably obtain water from any other source; and (C) The applicant has excluded livestock from the stream and its adjacent riparian zone. (7) In making the findings required under subsection (6) of this section, the Water Resources Commission shall consider the existing or potential cumulative impacts of issuing the water right. (8) The Water Resources Commission may not allow human consumption and livestock uses authorized under subsection (6) of this section in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless: (a) The Water Resources Commission, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and (b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (9)(a) The provisions of this section do not apply to a water right application for the use of ground water as defined in ORS 537.515, except upon a finding by the Water Resources Director based on a preponderance of evidence that the use of ground water will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife. (b) The Water Resources Department shall review every application for the use of ground water to determine whether to make the finding specified in paragraph (a) of this subsection. The finding shall be based upon the application of generally accepted hydrogeologic methods using relevant and available field information concerning the proposed use. (c) In making the determination required by paragraph (a) of this subsection, the Water Resources Department shall consider the timing of projected impacts of the proposed use in relation to other factors, including but not limited to: Changing climate, recharge, incidental precipitation, out-of-stream appropriations and return flows. (d) If the Water Resources Director makes the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order denying the application unless: (A) Mitigation is provided in accordance with subsection (10) of this section; or (B) The applicant submits evidence to overcome the finding under paragraph (a) of this subsection. (e) Except as provided under subsection (13) of this section, if the Water Resources Director does not make the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order approving the application if the application otherwise meets the requirements of ORS 537.505 to 537.795. (f) A protest of any order issued under this subsection may be filed in the same manner as a protest on any application for a right to appropriate ground water. (g) Each water right permit and certificate for appropriation of ground water issued after July 19, 1995, for which a source of appropriation is within or above a scenic waterway shall be conditioned to allow the regulation of the use if analysis of data available after the permit or certificate is issued discloses that the appropriation will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife in effect as of the priority date of the right or as those quantities may be subsequently reduced. (h) This subsection does not limit the use of ground water for a use exempted under ORS 537.545. (10) The Water Resources Commission or Water Resources Director shall consider mitigation measures and may include mitigation measures as conditions in any water right permit or certificate to ensure the maintenance of the free-flowing character of the scenic waterway in quantities necessary for recreation, fish and wildlife. (11) The Water Resources Commission and the Water Resources Director shall carry out their responsibilities under ORS 536.220 to 536.590 with respect to the waters within scenic waterways in conformity with the provisions of this section. (12) As used in this section, “measurably reduce” means that the use authorized under subsection (9) of this section will individually or cumulatively reduce surface water flows within the scenic waterway in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless: (a) The Water Resources Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and (b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (13) Before authorizing an appropriation that will reduce streamflows within a scenic waterway in amounts up to but not exceeding the amounts described in subsection (12) of this section, the Water Resources Director shall find: (a) That the appropriation will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife. (b) That the appropriation is consistent with provisions pertaining to water appropriations and water rights under ORS chapters 536 and 537 and the rules adopted thereunder. (c) That construction, operation and maintenance of the appropriation will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925. (14) Placer mining is not permitted on waters within scenic waterways, other than recreational placer mining. (15) A person may not be required to obtain a permit for recreational prospecting or other nonmotorized recreational activity resulting in the fill, removal or other alteration of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single scenic waterway in a single year. Recreational prospecting shall not occur at any site where fish eggs are present. (16) This section does not exempt recreational placer mining on a scenic waterway, other than recreational prospecting not requiring a permit, from compliance with the provisions of ORS 196.800 to 196.825 and 196.840 to 196.870 or rules adopted pursuant to ORS 196.800 to 196.825 and 196.840 to 196.870. (17) Recreational placer mining may not: (a) Dam or divert a waterway or obstruct fish passage; (b) Include nozzling, sluicing or digging outside the wet perimeter of the stream, nor extend the wet perimeter; (c) Include movement of boulders, logs, stumps or other woody material from the wet perimeter other than movement by hand and nonmotorized equipment; (d) Involve the disturbance of rooted or embedded woody plants, including trees and shrubs, regardless of their location; (e) Include excavation from the streambank; (f) Fail to level pits, piles, furrows or potholes outside the main channel of the waterway upon leaving the site; (g) Include operation of a suction dredge without a suction dredge waste discharge permit from the Department of Environmental Quality including, but not limited to, a prohibition against dredging during periods when fish eggs could be in the dredging site gravel; (h) Be conducted on federal lands except as allowed by agencies of the federal government; (i) Impede boating; (j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within 500 feet of a campground except within a federally designated recreational mining site; or (k) Include operation of a dredge within the marked or posted swimming area of a designated campground or day use area except within a federally designated recreational mining site. (18) As used in this section: (a) “Bed” means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar. (b) “Prospecting” means to search or explore for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate. (c) “Recreational placer mining” includes, but is not limited to, the use of nonmotorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding four inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding factory-installed noise reduction standards. “Recreational placer mining” does not include recreational prospecting that does not require a permit. (d) “Wet perimeter” means the area of the stream that is underwater, or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs. Note: Sections 3 and 4, chapter 499, Oregon Laws 2001, provide: Sec. 3. In order to make recommendations to better achieve the objectives and enhance the effectiveness of the Oregon Scenic Waterways System, the State Parks and Recreation Department shall complete a review of the system administered under ORS 390.805 to 390.925, including a review of the studies pertaining to the effects of recreational placer mining within scenic waterways. At the request of the State Parks and Recreation Department, the Department of State Lands, the Water Resources Department, the State Department of Fish and Wildlife, the State Marine Board and the Department of Environmental Quality shall assist in the review. The State Parks and Recreation Department may also request interested public parties to assist in the review. [2001 c.499 §3] Sec. 4. Notwithstanding ORS 390.835, a permit or temporary permit for dredging issued by the Department of State Lands for the purpose of recreational placer mining within a scenic waterway is not valid after December 31, 2003, if the review described in section 3 of this 2001 Act has been completed and reported to the Seventy-second Legislative Assembly or, if the review has not been completed and reported to the Seventy-second Legislative Assembly, after December 31, 2005. [2001 c.499 §4] 390.845 Administration of scenic waterways and related adjacent lands; limitations on use; condemnation; rules. (1) Except as provided in ORS 390.835, scenic waterways shall be administered by the State Parks and Recreation Department, each in such manner as to protect and enhance the values which caused such scenic waterway to be included in the system. In such administration primary emphasis shall be given to protecting the esthetic, scenic, fish and wildlife, scientific and recreation features, based on the special attributes of each area. (2) After consultation with the State Board of Forestry, the State Department of Agriculture and the affected counties and with the concurrence of the Water Resources Commission, the department shall adopt rules governing the management of related adjacent land. Such rules shall be adopted in accordance with ORS chapter 183. Such rules shall reflect management principles, standards and plans applicable to scenic waterways, their shore lines and related adjacent land and, if necessary, establish varying intensities of protection or development based on special attributes of each area. Such management principles, standards and plans shall protect or enhance the esthetic and scenic values of the scenic waterways and permit compatible agricultural, forestry and other land uses. Specifically, and not in limitation of the foregoing, such rules shall provide that: (a) No roads, railroads or utilities shall be constructed within any scenic waterway except where necessary to serve the permissible uses, as defined in subsection (2) of this section and in the rules of the department, of the related adjacent land or unless department approval of such use is obtained as provided in subsection (4) or (5) of this section. The department wherever practicable shall require the sharing of land and air space by such roads, railroads and utilities. All permissible roads, railroads and utilities shall be located in such a manner as to minimize the disturbance of the natural beauty of a scenic waterway; (b) Forest crops shall be harvested in such manner as to maintain as nearly as reasonably is practicable the natural beauty of the scenic waterway; (c) Occupants of related adjacent land shall avoid pollution of waters within a scenic waterway; (d) The surface of related adjacent land shall not be disturbed for prospecting or mining unless the department’s approval is obtained under subsection (4) or (5) of this section; and (e) Unless department approval of the proposed use is obtained under subsection (4) or (5) of this section, no commercial, business or industrial structures or buildings other than structures or buildings erected in connection with an existing use shall be erected or placed on related adjacent land. All structures and buildings erected or placed on such land shall be in harmony with the natural beauty of the scenic waterway and shall be placed a sufficient distance from other structures or buildings so as not to impair substantially such natural beauty. No signs or other forms of outdoor advertising that are visible from waters within a scenic waterway shall be constructed or maintained. (3) No person shall put related adjacent land to uses that violate ORS 390.805 to 390.925 or the rules of the department adopted under ORS 390.805 to 390.925 or to uses to which the land was not being put before December 3, 1970, or engage in the cutting of trees, or mining, or prospecting on such lands or construct roads, railroads, utilities, buildings or other structures on such lands, unless the owner of the land has given to the department written notice of such proposed use at least one year prior thereto and has submitted to the department with the notice a specific and detailed description of such proposed use or has entered into agreement for such use with the department under subsection (5) of this section. The owner may, however, act in emergencies without the notice required by ORS 390.805 to 390.925 when necessary in the interests of public safety. (4) Upon receipt of the written notice provided in subsection (3) of this section, the department shall first determine whether in its judgment the proposed use would impair substantially the natural beauty of a scenic waterway. If the department determines that the proposal, if put into effect, would not impair substantially the natural beauty of the scenic waterway, the department shall notify in writing the owner of the related adjacent land that the owner may immediately proceed with the proposed use as described to the department. If the department determines that the proposal, if put into effect, would impair substantially the natural beauty of the scenic waterway, the department shall notify in writing the owner of the related adjacent land of such determination and no steps shall be taken to carry out such proposal until at least one year after the original notice to the department. During such period: (a) The department and the owner of the land involved may agree upon modifications or alterations of the proposal so that implementation thereof would not in the judgment of the department impair substantially the natural beauty of the scenic waterway; or (b) The department may acquire by purchase, gift or exchange, the land involved or interests therein, including scenic easements, for the purpose of preserving the natural beauty of the scenic waterway. (5) The department, upon written request from an owner of related adjacent land, shall enter into negotiations and endeavor to reach agreement with such owner establishing for the use of such land a plan that would not impair substantially the natural beauty of the scenic waterway. At the time of such request for negotiations, the owner may submit a plan in writing setting forth in detail proposed uses. Three months after the owner makes such a request for negotiations with respect to use of land, either the department or the owner may give written notice that the negotiations are terminated without agreement. Nine months after the notice of termination of negotiations the owner may use land in conformity with any specific written plan submitted by the owner prior to or during negotiations. In the event the department and the owner reach agreement establishing a plan for land use, such agreement is terminable upon at least one year’s written notice by either the department or the owner. (6) With the concurrence of the Water Resources Commission, the department may institute condemnation proceedings and by condemnation acquire related adjacent land: (a) At any time subsequent to nine months after the receipt of notice of a proposal for the use of such land that the department determines would, if carried out, impair substantially the natural beauty of a scenic waterway unless the department and the owner of such land have entered into an agreement as contemplated by subsection (4) or (5) of this section or the owner shall have notified the department of the abandonment of such proposal; or (b) At any time related adjacent land is used in a manner violating ORS 390.805 to 390.925, the rules of the department or any agreement entered into by the department pursuant to subsection (4) or (5) of this section; or (c) At any time related adjacent land is used in a manner which, in the judgment of the department, impairs substantially the natural beauty of a scenic waterway, if the department has not been given at least one year’s advance written notice of such use and if there is not in effect department approval of such use pursuant to subsection (4) or (5) of this section. (7) In such condemnation the owner of the land shall not receive any award for the value of any structure, utility, road or other improvement constructed or erected upon the land after December 3, 1970, unless the department has received written notice of such proposed structure, utility, road or other improvement at least one year prior to commencement of construction or erection of such structure, utility, road or other improvement or unless the department has given approval for such improvement under subsection (4) or (5) of this section. If the person owned the land on December 3, 1970, and for a continuous period of not less than two years immediately prior thereto, the person shall receive no less for the land than its value on December 3, 1970. The department shall not acquire by condemnation a scenic easement in land. When the department acquires any related adjacent land that is located between a lake or river and other land that is owned by a person having the right to the beneficial use of waters in the river by virtue of ownership of the other land: (a) The right to the beneficial use of such waters shall not be affected by such condemnation; and (b) The owner of the other land shall retain a right of access to the lake or river necessary to use, store or divert such waters as the owner has a right to use, consistent with concurrent use of the land so condemned as a part of the Oregon Scenic Waterways System. (8) Any owner of related adjacent land, upon written request to the department, shall be provided copies of rules then in effect or thereafter adopted by the department pursuant to ORS 390.805 to 390.925. (9) The department shall furnish to any member of the public upon written request and at expense of the member a copy of any notice filed pursuant to subsection (3) of this section. (10) If a scenic waterway contains lands or interests therein owned by or under the jurisdiction of an Indian tribe, the United States, another state agency or local governmental agency, the department may enter into agreement with the tribe or the federal, state or local agency for the administration of such lands or interests therein in furtherance of the purposes of ORS 390.805 to 390.925. [1971 c.1 §5; 1971 c.459 §1; 1973 c.756 §2; 1981 c.236 §3; 1983 c.334 §4] 390.848 Passes for use of parts of Deschutes River; rules; fee; exemption from fee; disposition of moneys. (1) The State Parks and Recreation Department shall establish, by rule, a system for issuing passes necessary to comply with the requirements under ORS 390.851. The department shall establish a reasonable fee for issuance of a pass under this section. The department may establish any form of proof of payment of the user fees that it deems appropriate. (2) The system for issuance of passes established by the department under this section may include issuance of the passes by governmental entities or private persons who have entered into appropriate agreements with the department for issuance of the passes. Agreements under this subsection may include, but are not limited to, terms providing for locations for the collection of fees, methods the department determines appropriate to assure payment of moneys collected and provisions for the distribution of river-user information. (3) The department shall issue, without charge, annual passes to comply with the requirements under ORS 390.851 to persons who own ranch, farm or residential property immediately abutting those portions of the Deschutes River designated as scenic waterways under ORS 390.826 and to members of the immediate family of such persons. This subsection does not authorize the issuance without charge of passes to persons holding less than a majority interest in a firm, corporation or cooperative organization which owns land immediately abutting the Deschutes River designated as scenic waterways under ORS 390.826. (4) Moneys collected under this section shall be deposited in the separate fund established for the State Parks and Recreation Department under ORS 366.512 and, subject to the limitations under subsection (5) of this section, are continually appropriated to that department to be used: (a) For operation of the pass system established under this section; (b) For providing river-user oriented law enforcement services; (c) For providing river recreation information and education; (d) For developing and maintaining river oriented recreation facilities; and (e) For any other purposes the department considers appropriate for the maintenance, enhancement or protection of the natural and scenic beauty of the scenic waterway consistent with ORS 390.805 to 390.925. (5) The use of moneys for purposes described under subsection (4) of this section is limited to the performance of those purposes for areas of the Deschutes River designated as scenic waterways under ORS 390.826. [1981 c.798 §2; 1985 c.606 §4; 1987 c.291 §2; 1987 c.624 §15] 390.851 Activities prohibited on parts of Deschutes River without pass; exceptions. (1) Unless the person has an appropriate pass issued under ORS 390.848, no person shall launch, operate or ride in any boat or engage in any camping, fishing or other activity in connection with being transported by a boat on those portions of the Deschutes River designated as scenic waterways under ORS 390.826. (2) This section does not apply to: (a) Peace officers, members or employees of a governmental body or their agents while engaged in the discharge of official duties; or (b) Any member of the Confederated Tribes of the Warm Springs Indian Reservation. (3) A person who violates this section commits a Class C violation. [1981 c.798 §3; 1987 c.291 §3; 1999 c.1051 §99] 390.855 Designation of additional scenic waterways. The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources Commission, recommending the designation of additional rivers or segments of rivers and related adjacent land by the Governor as scenic waterways subject to the provisions of ORS 390.805 to 390.925. Consistent with such recommendation, the Governor may designate any river or segment of a river and related adjacent land as a scenic waterway subject to the provisions of ORS 390.805 to 390.925. The department shall consult with the State Fish and Wildlife Commission, the State Department of Agriculture, the Environmental Quality Commission, the Department of State Lands, and such other persons or agencies as it considers appropriate. The State Parks and Recreation Department shall conduct hearings in the counties in which the proposed additional rivers or segments of rivers are located. The following criteria shall be considered in making such report: (1) The river or segment of river is relatively free-flowing and the scene as viewed from the river and related adjacent land is pleasing, whether primitive or rural-pastoral, or these conditions are restorable. (2) The river or segment of river and its setting possess natural and recreation values of outstanding quality. (3) The river or segment of river and its setting are large enough to sustain substantial recreation use and to accommodate existing uses without undue impairment of the natural values of the resource or quality of the recreation experience. [1971 c.1 §6] 390.865 Authority of legislature over designation of additional scenic waterways. The designation of a river or segment of a river and related adjacent land, pursuant to ORS 390.855, shall not become effective until the day following the adjournment sine die of the regular session of the Legislative Assembly next following the date of the designation or that was in session when the designation was made. The Legislative Assembly by joint resolution may disapprove any such designation or a part thereof, and in that event the designation, or part thereof so disapproved, shall not become effective. [1971 c.1 §7] 390.875 Transfer of public lands in scenic waterways to department; administration of nontransferred lands. Any public land within or adjacent to a scenic waterway, with the consent of the governing body having jurisdiction thereof, may be transferred to the jurisdiction of the State Parks and Recreation Department with or without compensation. Any land so transferred shall become state recreational land and shall be administered as a part of the scenic waterway. Any such land within a scenic waterway which is not transferred to the jurisdiction of the department, to the fullest extent consistent with the purposes for which the land is held, shall be administered by the body having jurisdiction thereof in accordance with the provisions of ORS 390.805 to 390.925. [1971 c.1 §8] 390.885 Exchange of property within scenic waterway for property outside waterway. In acquiring related adjacent land by exchange, the State Parks and Recreation Department may accept title to any property within a scenic waterway, and in exchange therefor, may convey to the grantor of such property any property under its jurisdiction that the department is not otherwise restricted from exchanging. In so far as practicable, the properties so exchanged shall be of approximately equal fair market value. If they are not of approximately equal fair market value, the department may accept cash or property from, or pay cash or grant property to, the grantor in order to equalize the values of the properties exchanged. [1971 c.1 §9] 390.895 Use of federal funds. In addition to State of Oregon funds available for the purposes of ORS 390.805 to 390.925, the State Parks and Recreation Department shall use such portion of moneys made available to it by the Bureau of Outdoor Recreation and other federal agencies, including matching funds, as the department determines are necessary and available to carry out the purposes of ORS 390.805 to 390.925. [1971 c.1 §10] 390.905 Effect of ORS 390.805 to 390.925 on other state agencies. Nothing in ORS 390.805 to 390.925 affects the jurisdiction or responsibility of other state agencies with respect to boating, fishing, hunting, water pollution, health or fire control; except that such state agencies shall endeavor to perform their responsibilities in a manner consistent with the purposes of ORS 390.805 to 390.925. [1971 c.1 §11] 390.910 Intergovernmental cooperation; county representative on management advisory committee. In carrying out the provisions of ORS 390.805 to 390.925, the State Parks and Recreation Department may enter into intergovernmental agreements to form committees to advise the various governmental agencies involved regarding management of the scenic waterways. Each such agreement must provide for membership on the committee of a representative of one of the governing bodies of the counties through which the scenic waterway flows. The county representative shall be chosen by the Governor from among those individuals recommended to the Governor by the county governing bodies. [1981 c.236 §2] 390.915 Determination of value of scenic easement for tax purposes; easement exempt. For ad valorem tax purposes, real property that is subject to a scenic easement shall be valued at its real market value, less any reduction in value caused by the scenic easement, and assessed in accordance with ORS 308.232. The easement shall be exempt from assessment and taxation the same as any other property owned by the state. [1971 c.1 §12; 1981 c.804 §99; 1991 c.459 §394] 390.925 Enforcement. In addition to any other penalties provided by law for violation of ORS 390.805 to 390.925 or rules adopted thereunder, the State Parks and Recreation Department is vested with power to obtain injunctions and other appropriate relief against violations of any provisions of ORS 390.805 to 390.925 and any rules adopted under ORS 390.805 to 390.925 and agreements made under ORS 390.805 to 390.925. [1971 c.1 §13; 1981 c.798 §6] DESCHUTES RIVER SCENIC WATERWAY RECREATION AREA 390.930 Definitions for ORS 390.930 to 390.940. As used in ORS 390.930 to 390.940: (1) “Managing agencies” includes: (a) State Parks and Recreation Department; (b) State Department of Fish and Wildlife; (c) Confederated Tribes of the Warm Springs Indian Reservation; (d) State Marine Board; (e) Sherman, Wasco and Jefferson Counties; (f) Oregon State Police; (g) United States Bureau of Land Management; (h) United States Bureau of Indian Affairs; and (i) The City of Maupin. (2) “Recreation area” means the Deschutes River Scenic Waterway Recreation Area created under ORS 390.932. [1987 c.624 §§1,18; 1989 c.904 §26; 2001 c.104 §133] 390.932 Creation of Deschutes River Scenic Waterway Recreation Area. There is created the Deschutes River Scenic Waterway Recreation Area consisting of the segment of the Deschutes River scenic waterway under ORS 390.825 that is designated as the segment from immediately below the existing Pelton reregulating dam downstream approximately 100 miles to its confluence with the Columbia River, excluding the City of Maupin as its boundaries are constituted on October 4, 1977. [1987 c.624 §17] 390.934 Management of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget. (1) The State Parks and Recreation Department shall have primary management responsibility for the State of Oregon to manage the Deschutes River Scenic Waterway Recreation Area. In managing the recreation area, the department shall cooperate with other managing agencies having jurisdiction to manage all or part of the recreational area. (2) The department shall adopt a management plan by rule. The department shall implement the plan and shall prepare a budget for implementation taking into consideration the provisions of the management plan. [1987 c.624 §§3,19] 390.936 Rules. In accordance with applicable provisions of ORS chapter 183, the State Parks and Recreation Department shall adopt rules necessary to carry out those provisions of ORS 390.930 to 390.940 that the department is charged with administering. [1987 c.624 §§12,22] 390.938 Guidelines for management and development. The Deschutes River Scenic Waterway Recreation Area shall be managed and developed in accordance with the following guidelines: (1) To the extent allowed under ORS 390.805 to 390.925, the recreational area shall be administered to allow continuance of compatible existing uses, while allowing a wide range of compatible river-oriented public outdoor recreation opportunities, to the extent that these do not impair substantially the natural beauty of the scenic waterway or diminish its esthetic, fish and wildlife, scientific and recreational values. (2) The management plan shall stress a segment by segment design and shall include provisions for the development of appropriate facilities and services in the recreation area to meet resource needs for protection and preservation and user needs. This development may include but need not be limited to: (a) River and car camp development; (b) Sanitation stations for human waste and garbage; (c) Parking and access road improvement; (d) Signs indicating land ownership; (e) Tree and riparian zone protection and restoration; (f) Educational programs; and (g) Initiation of additional volunteer programs. (3) Before restricting access through the use of a permit system, all other management options shall be considered. (4) Special emphasis shall be placed on protecting the recreation area and all adjacent property from recreationist-caused wildfires. This goal shall be equal in priority to the other primary goals set forth in this section. This protection shall include but not be limited to: (a) Permanent adoption of a fire rule that provides the same protection as the fire rule in force during the 1986 fire season. (b) Requiring boater passes to include the name of the group leader, date and section of river used. (c) The establishment of information centers near major points of entry into the recreation area to provide users with information and education regarding the fire rules and general rules of the river. (d) Conducting cadet patrols at the levels considered necessary to facilitate reasonable compliance with recreation area rules. [1987 c.624 §§4,20] 390.940 Relationship to other laws. The State Parks and Recreation Department and state and local managing agencies shall manage the Deschutes River Scenic Waterway Recreation Area according to the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940 and rules adopted under ORS 390.805 to 390.925 and 390.930 to 390.940. Federal and tribal managing agencies with jurisdiction over their respective lands and waters shall be encouraged to manage their lands and waters in a manner consistent with the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940. [1987 c.624 §§5,21] RECREATION TRAILS 390.950 Short title. ORS 390.950 to 390.989 and 390.995 (2) may be cited as the Oregon Recreation Trails System Act. [1971 c.614 §1] 390.953 [1971 c.614 §2; 1989 c.904 §27; repealed by 2001 c.104 §134] 390.956 Policy. (1) In order to provide for the ever-increasing outdoor recreation needs of an expanding resident and tourist population and in order to promote public access to, travel within and enjoyment and appreciation of, the open-air, outdoor areas of Oregon, trails should be established both near the urban areas of this state and within, adjacent to or connecting highly scenic areas more remotely located. (2) The purpose of ORS 390.950 to 390.989 and 390.995 (2) is to provide the means for attaining these objectives by instituting a system of recreation trails in this state, by designating certain trails as the initial components of that system, and by prescribing the methods of which, and standards according to which, additional components may be added to the system. [1971 c.614 §3] 390.959 Composition of trails system; establishment of markers. The system of Oregon recreation trails shall be composed of trails established as provided in ORS 390.962 and 390.965. The State Parks and Recreation Department, in consultation with appropriate federal, state and local governmental agencies and public and private organizations, shall establish a uniform marker for the system of Oregon recreation trails. [1971 c.614 §4] 390.962 Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected. (1) Upon finding that such trails will meet the criteria established in ORS 390.950 to 390.989 and 390.995 (2) and such supplementary criteria as the State Parks and Recreation Department may prescribe, the department is encouraged and empowered to establish and designate Oregon recreation trails: (a) Over lands owned by the State of Oregon, by the federal government or by any county, municipality or other local governmental body, with the consent of the state agency, federal agency, county, municipality or other local governmental body having jurisdiction over the lands involved; or (b) Over lands owned by private persons, in the manner and subject to the limitations provided in ORS 390.950 to 390.989 and 390.995 (2). (2) In establishing such trails, the department shall give special recognition to the need for the establishment of recreation trails in or near, or reasonably accessible to, urban areas. Upon the establishment of any such trail, the department shall designate the primary kind of trail it is to be, based upon the mode or modes of travel to be permitted on such trail, including one or more of the following: (a) Footpath. (b) Horseback riding trail. (c) Bicycle path. (3) Nothing in ORS 390.950 to 390.989 and 390.995 (2) affects any other statute authorizing trails for motorized vehicles which is not inconsistent with ORS 390.950 to 390.989 and 390.995 (2). [1971 c.614 §5] 390.965 Hearing required; information to be considered. (1) The State Parks and Recreation Department may establish trails after public meetings in the areas of the state where trails are planned and only in accordance with the following criteria: (a) Emphasis shall be given to the development of trails across public lands. (b) No trails shall cross private land occupied by a residential dwelling, or upon which a residential dwelling is under construction, within 300 feet of such residential dwelling, without the consent of the owner. (c) Trails shall be selected to minimize the adverse effects on adjacent landowners or users and their operations. (d) Development and management of trails shall be designed to harmonize with and complement any established forest, agricultural, or other use plan that is compatible with the purposes of ORS 390.950 to 390.989 and 390.995 (2). (2) Before establishing a trail the department shall consider at a public meeting the following information: (a) The proposed route of such trail (including maps and illustrations) and the recommended mode or modes of travel to be permitted thereon; (b) The areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural or developmental purposes; (c) The characteristics that, in the judgment of the department, make the proposed trail suitable as an Oregon recreation trail; (d) The current status of land ownership and current and potential use along the designated route; (e) The estimated cost of acquisition of lands or interest in lands, if any; (f) The plans for developing and maintaining the trail and the cost thereof; (g) Any anticipated problems of policing the use of such trail and any anticipated hazards to the use of any privately owned lands adjacent to such trail; and (h) The extent to which the state or its political subdivisions and public and private organizations might reasonably be expected to participate in acquiring the necessary lands and in the administration thereof. [1971 c.614 §6] 390.968 Selection of rights of way for trails. (1) The State Parks and Recreation Department shall select the rights of way for trails designated as Oregon Recreation Trails by ORS 390.962 (1)(a) and (b). Such rights of way shall be: (a) Of sufficient width and so located as to protect natural conditions, scenic and historic features, and any primitive character of the trail area; to provide campsites, shelters, and related public-use facilities along trails in more remote areas; and to provide reasonable public access. (b) Located to avoid, in so far as reasonably practicable, established highways, motor roads, mining areas, power transmission lines, existing commercial and industrial developments, range fences and improvements, private logging operations, and any other activities that would be incompatible with the protection of the trailside environment in its natural condition and the use of the trail for outdoor recreation. (2) Notwithstanding subsection (1) of this section, it is recognized that in many instances (especially in urban areas and for some types of trails across or near private land) it may be advisable to locate segments of trails in or near existing rights of way for roads, highways, public utilities or telecommunications utilities, excluding power transmission lines; and it is recognized that trail rights of way on occasion may be located, or from time to time relocated, through, or adjacent to, lands used for private timber (including logging), agriculture, commercial or industrial operations and that such location or relocation of a trail right of way, of itself, shall not impose any limitation upon an otherwise lawful use of the adjacent private land except to the extent of the terms of any agreement with the private landowner as provided in ORS 390.971 (1) and except as may be provided by any zoning ordinance, law or regulation. (3) The location and width of an Oregon recreation trail right of way across federal lands under the jurisdiction of a federal agency shall be by agreement between that agency and the department. (4) In selecting a right of way, the department shall endeavor to obtain the advice and assistance of the local governments, private organizations, landowners, the land users concerned, and the advisory council established under ORS 390.977. (5) The department shall hold a public hearing in the area of the state where the selection of such right of way is to be made. Subject to ORS 390.971, after public hearing, the department may revise the location and width of a right of way from time to time as required by circumstances, with the consent of the head of any federal agency involved, and with such advice and assistance of the local governments, private organizations, landowners, land users, and the advisory council, as the department considers necessary or advisable. [1971 c.614 §7; 1987 c.447 §124] 390.971 Department duties and powers; rules. (1) Within the exterior boundaries of areas under its administration that are included in the right of way selected for an Oregon recreation trail as provided in ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation Department may do any of the following: (a) Enter into written cooperative agreements with landowners, federal agencies, other state agencies, local governments, private organizations and individuals in order to provide for the development, operation, maintenance, location and relocation of the trail. Where the trail crosses commercial forestland, such agreement shall make reasonable provision for temporary relocation reasonably required for commercial forest management. (b) Subject to limitations set forth in ORS 390.950 to 390.989 and 390.995 (2), acquire lands or interests in lands by donation, purchase with donated or appropriated funds or exchange, or with funds obtained under ORS 390.980. (2) The department, in the exercise of its exchange authority, may accept title to any nonstate-owned property within a trail right of way, and, in exchange therefor, the department may convey to the grantor of such property any state-owned property under its jurisdiction or the jurisdiction of any state agency consenting to such exchange that the department or the applicable consenting state agency classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the department or applicable consenting state agency as the circumstances require. (3) If lands included in an Oregon recreation trail right of way are outside the exterior boundaries of state or federally administered areas, the department shall attempt, and any local governments involved shall be encouraged, to enter into written cooperative agreements with landowners, local government, private organizations and individuals in order to develop, administer and maintain the trails and to acquire, develop and administer such lands or interests therein. However, if the department or local governments fail or are unable to enter into such agreements or to acquire such lands or interests therein within one year after the selection of the right of way, the department may acquire private lands or interests therein by donation, exchange or purchase with donated or appropriated funds and may develop and administer such lands or interests therein. Exchanges shall be governed by the provisions of subsection (2) of this section. (4) Oregon recreation trails shall be administered, protected, developed and maintained by the department, or as provided under subsection (1)(a) of this section, to retain their natural, scenic and historic features. Along trails in more remote areas, provision may be made for campsites, shelters and related public-use facilities. Other uses, including reasonable crossings for motor vehicles, public utilities and water pipes and ditches, that will not substantially interfere with the nature and purposes of the trails may be permitted or authorized, as appropriate. The use of motorized vehicles by the general public along any such Oregon recreation trail is prohibited. However, the department shall authorize the use of motorized vehicles when, in its judgment, such vehicles are necessary to meet emergencies, trail construction and maintenance needs or to enable adjacent landowners or land users to have reasonable access to their lands or timber rights. The fact that private lands are included in an Oregon recreation trail by cooperative agreement of a landowner does not preclude the owner of such lands or agents of the owner from using motorized vehicles on or across such trails or adjacent lands from time to time in accordance with such agreement. Except to the extent otherwise provided by law, the state laws, rules and regulations applicable to lands or areas included in any Oregon recreation trail shall continue to apply. Nothing in ORS 390.950 to 390.989 and 390.995 (2) prohibits the use of roads existing on private lands on September 9, 1971, which may cross or traverse portions of the trail right of way, nor shall ORS 390.950 to 390.989 and 390.995 (2) prevent trails from crossing such roads. (5) The department shall endeavor to induce agreements with appropriate state and federal agencies to provide for youth work projects to assist in the construction and maintenance of trails that are part of the Oregon recreation trails system. (6) The department shall endeavor, when it considers such to be appropriate, to develop and enhance the educational values and opportunities of Oregon recreation trails. In this connection the department shall cooperate with schools, educators and other interested persons or groups in developing and utilizing techniques and materials to demonstrate to and inform the trail-using public of various scenic and natural features visible along or from such trails, including geological, botanical, historical, zoological and similar features. (7) The department shall place and endeavor to maintain signs at such places as it considers appropriate along Oregon recreation trails advising users of the Oregon laws of criminal trespass and encouraging users to protect the trails and the rights and property of adjacent landowners. (8) The department, with the concurrence of any federal agency administering lands through which an Oregon recreation trail passes, and after consultation with the local governments, private organizations and landowners that the department knows or believes to be concerned, and the advisory council established under ORS 390.977, may adopt rules that may be revised from time to time governing protection, management, use, development and administration of an Oregon recreation trail. (9) The department, on lands not within a forest protection district, upon recommendation of the State Forester, shall have the authority to close trails during periods of high fire danger. The department shall also have the authority to close trails if it deems it necessary to protect the safety of the public. (10) Notwithstanding the provisions of ORS chapter 477, forestland on which a fire exists that was caused by a person using, for recreational purposes, a trail established pursuant to ORS 390.950 to 390.989, shall not be considered an operation area as defined by ORS 477.001, if the fire did not start within an operation. [1971 c.614 §9; 1973 c.46 §7; 1983 c.740 §123; 1997 c.274 §37; 2003 c.14 §169] 390.974 Intergovernmental cooperation to obtain property for use in trail system. The State Parks and Recreation Department is authorized and encouraged to consult and to cooperate with any state, federal or local governmental agency or body and with any privately owned utility having jurisdiction or control over or information concerning the use, abandonment or disposition of roadways, utility rights of way or other properties suitable for the purpose of improving or expanding the Oregon recreation trails system in order to assure, to the extent practicable, that any such properties having value for Oregon recreation trail purposes may be made available for such use. [1971 c.614 §11] 390.977 Oregon Recreation Trails Advisory Council; members; appointment; terms; duties; expenses; officers; quorum; meetings. (1) There is established an Oregon Recreation Trails Advisory Council consisting of seven members, at least one from each congressional district in the state. However, not less than two of such members shall be from separate counties bordering upon the ocean shore. Members of the council shall be appointed by the State Parks and Recreation Commission and shall serve at the pleasure of the commission for terms of four years. Before the expiration of the term of a member, the commission shall appoint a successor. A member shall be eligible for reappointment. If there is a vacancy for any cause, the commission shall make an appointment to become immediately effective for the unexpired term. (2) The commission and the State Parks and Recreation Department shall consult with the council from time to time with respect to matters relating to Oregon recreation trails, including the designation and establishment of Oregon recreation trails, the selection of rights of way, the selection, erection and maintenance of markers along the trail routes and the administration of the trails. (3) Members of the council shall serve without compensation, but the department may pay expenses as provided in ORS 292.495. (4) The council shall select one of its members as chairperson. (5) A majority of the members of the council constitutes a quorum for the transaction of business. (6) The council shall meet at times and places specified by the call of the chairperson or a majority of the members of the council. [1971 c.614 §8; 1981 c.545 §7; 1991 c.257 §1] 390.980 Funds for purposes of ORS 390.950 to 390.989; acceptance and use of donated funds; indemnity to owners of land damaged by trail users. In addition to State of Oregon funds available for the purposes of ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation Department may use such portion of moneys made available to it by any federal agency which may be used for such purposes, including matching funds, as the department determines are necessary or desirable to carry out the purposes of ORS 390.950 to 390.989 and 390.995 (2). In addition to the foregoing, the department may receive and may encourage the receipt of donated funds or property from individuals, groups or organizations (including trail users) for specified or nonspecified uses in connection with the acquisition, development, maintenance and administration of Oregon recreation trails. The department if it considers it advisable, may provide under its rules and regulations, for the use of a portion of any such donated funds received for nonspecified purposes to grant to an owner of private land adjacent to an Oregon recreation trail, funds indemnifying such owner for damage clearly caused to the land of the owner, and property therein, by users of such trail and which such landowner has not been able to recover from the user causing such damage. [1971 c.614 §12] 390.983 Trail property tax assessment. For ad valorem tax purposes, real property that is subject to an easement, or a written cooperative agreement, for purposes of ORS 390.950 to 390.989 and 390.995 (2) shall be valued at its real market value, less any reduction in value caused by the easement or the written cooperative agreement, and assessed in accordance with ORS 308.232. The easement shall be exempt from assessment and taxation the same as any other property owned by the state. [1971 c.614 §13; 1981 c.804 §100; 1991 c.459 §395] 390.986 Injunctive relief for violation of ORS 390.950 to 390.989. The State Parks and Recreation Department has power to obtain injunctions against violations of any provisions of ORS 390.950 to 390.989 and any rules and regulations adopted under ORS 390.950 to 390.989 and agreements made under ORS 390.950 to 390.989. [1971 c.614 §14] 390.989 Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989. Any power of eminent domain otherwise vested in the State Parks and Recreation Department does not apply to any power or duty vested in the department by ORS 390.950 to 390.989. [1971 c.614 §16] PENALTIES 390.990 Violations. (1) Subject to ORS 153.022, any person, firm or corporation violating any of the laws or rules described in this subsection commits a Class A violation. This subsection applies to a violation of the following: (a) ORS 390.678. (b) Any rule adopted under ORS 390.124. (c) Any rule adopted under ORS 390.340. (2) Subject to ORS 153.022, violation of any provision of ORS 390.640 or 390.705, or any rule adopted under such statutes, is punishable, upon conviction, by a fine not exceeding $500 or imprisonment in the county jail for not more than six months, or both. (3) Each day a violation of ORS 390.640 or 390.705 continues shall be considered a separate offense. (4) Subject to ORS 153.022, violation of any rule adopted under ORS 390.845 is a Class A violation. (5) Notwithstanding any other provision of this section, violation of any rule adopted under this chapter for the regulation of vehicle speed in parks, including violations of rules relating to driving vehicles at a speed greater than a posted speed limit or greater than is reasonable and prudent, are subject to the same penalties as provided in ORS 811.109 for violation of a specific speed limit imposed under law or violation of a posted speed limit. [Subsection (1) formerly 366.990; subsection (2) formerly part of 274.990; 1969 c.601 §28; 1971 c.743 §362; subsection (4) enacted as 1971 c.614 §10; 1981 c.692 §3; 1981 c.798 §7; 1983 c.740 §124; 1989 c.904 §63; 1999 c.1051 §100; subsection (4) renumbered 390.995 (2) in 1999] 390.992 Civil penalties. (1) Any person who violates any provision of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 or any rule, order or permit adopted or issued under ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be subject to a civil penalty in an amount to be determined by the State Parks and Recreation Director of not more than $10,000 per day of violation. (2) In addition to any other penalties provided under subsection (1) of this section, the State Parks and Recreation Department is vested with power to obtain injunctions and other appropriate relief against a person who violates any provisions of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 or any rule, order or permit adopted or issued under ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1999 c.373 §9] 390.995 Criminal penalties. (1) Violation of ORS 390.640 is a misdemeanor. (2) Subject to ORS 153.022, any person who violates a rule adopted under ORS 390.950 to 390.989 is guilty of a misdemeanor, and may be punished by a fine of not more than $500, or by imprisonment not exceeding six months, or both. [Subsection (1) of 1999 Edition enacted as 1999 c.373 §17; subsection (2) of 1999 Edition formerly 390.990(4)] _______________