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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)