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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 beconstructed 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. (continued)