Or. Admin. Code § 141-121-0010 - Definitions
(1) "Affected
Property Owners" refers to those people listed in the records of the county
assessor as owners of property fronting, abutting or underlying, or having a
recorded easement allowing access to a waterway segment at the time that the
Division undertakes a navigability study of the subject waterway.
(2) "Broad And Substantial Public Interest"
exists when the Land Board, after considering the public's right to the use of
a waterway segment and the authority of the state and local governments,
determines that an administrative determination of navigability is required to:
(a) Help resolve conflicts between property
owners, between users (including recreational users), or between users and
affected property owners of a waterway segment;
(b) Facilitate management or protection of a
waterway segment (for example, its environmental components or scenic, historic
and cultural values); and/or
(c)
Facilitate and promote commerce.
(3) "Declaration" is a final decision of the
Land Board concerning the nature and extent of the state's claim to the bed and
banks underlying the waterway segment under consideration.
(4) "Division" means the Oregon Division of
State Lands.
(5) "Land Board" means
the Oregon State Land Board.
(6)
"Navigable" and "Navigability" are defined by the criteria established by
federal courts having jurisdiction to determine the extent of state ownership
of land underlying a waterway segment.
(7) "Navigability Study" is the process of
collecting, evaluating, and preparing a report relating to the use and
characteristics of a waterway segment in order to determine if it is
navigable.
(8) "Person" is an
individual, special interest group, political subdivision or government agency,
or any corporation, association, firm, partnership, joint stock company,
limited liability company, limited liability partnership, or quasi-public
corporation.
(9) "Requester" is any
person requesting that the Land Board direct the Division to conduct a
navigability study.
(10)
"Sufficient Economic Justification" exists when the Land Board decides that a
determination of navigability will result in revenue accruing to the Common
School Fund from a leasable use (as defined by Division administrative rules)
of the waterway segment or underlying land (for example, the placement of
marinas or log rafts, or the extraction of aggregate).
(11) "Title" is fee simple ownership to
property, in this case, the bed and banks underlying a waterway
segment.
(12) "Waterway" refers for
the purposes of these rules to any discrete, identifiable body of water and its
bed and banks in Oregon including, but not limited to, rivers, streams, and
lakes.
Notes
Stat. Auth.: ORS 273 .041 - ORS 273 .185 & ORS 274 .400 - ORS 274 .412
Stats. Implemented: ORS 274 .400 - ORS 274 .412
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