Or. Admin. R. 141-083-0850 - Cable Easement Terms and Conditions

(1) All cable easements issued under these rules shall require approval by the State Land Board.
(2) Easement applicants may be required to obtain a surety bond to ensure that they will perform in accordance with all terms and conditions of the easement. The surety bond amount shall be determined by the Division. A cash deposit or certificate of deposit in an amount equal to the amount required for a surety bond and which names the State of Oregon as co-owner may be substituted in lieu of a bond.
(3) A cable easement issued by the Division shall be valid for an initial term of twenty (20) years, and may be renewed at the holder's option for an additional twenty (20) year term upon application to the Division.
(4) All cables are to be buried using the best available proven technology whenever Territorial Sea bottom conditions permit to a sufficient depth to minimize conflicts with other ocean users and industries and recognizing the potential need to retrieve the cable for repair or removal.
(5) The Division shall be notified in writing by the easement holder at least ninety (90) days:
(a) Prior to any pre-planned change in the location of the cable.
(b) Prior to any change in ownership of the cable.
(c) After the discovery of any change in the location of the cable resulting from accidental contact or geologic or other natural causes.
(d) Prior to any abandonment or termination of use of the cable.
(6) If determined necessary by the Division in consultation with the easement holder and other interested parties, and if permitted by the applicable federal agency(ies) regulating the cable, the easement holder shall remove the cable from the state-owned submerged and submersible land within one (1) year following the termination of use of the cable or expiration of the easement.
(7) Easements issued pursuant to these rules may be subject to a term based payment or annual rental payments subsequently established by the Land Board pursuant to governing law for use of state-owned submerged and submersible land.
(8) Easement holders shall inspect cables to ensure that they remain both within the area authorized by the easement and buried. These inspections are to be done on a frequency to be determined by the Division in consultation with the easement holder and other interested parties.

Notes

Or. Admin. R. 141-083-0850
DSL 21-1999, f. & cert. ef. 11-1-99

Stat. Auth.: ORS 196.800 - ORS 196.990 & ORS 390.805 - ORS 390.925

Stats. Implemented: ORS 196.800 - ORS 196.990 & ORS 390.805 - ORS 390.925

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