Request for a Navigability Study
(1)Only the Land Board can direct the Division to undertake a navigability study.
(2)All requests to undertake a navigability study shall be submitted to the Division in writing and shall, at a minimum, include the following information:
(a)The name and specific segment (identified through the use of river miles or other clearly locatable geographic place names or features) of the waterway segment for which a navigability study is requested;
(b)Discussion and evaluation of the substantial economic justification for, and/or broad and substantial public interest in support of a navigability study;
(c)Description of any use conflicts, contact with local, state and federal authorities, and efforts to resolve problems; and
(d)Available evidence that the subject waterway segment is or is not likely to be navigable.
(3)Navigability study requests which are incomplete will be returned to the requester by the Division with the deficiencies noted in writing. The Division shall not act on requests until all information required in OAR 141-121-0020 (Request for a Navigability Study)(2) is provided.
(4)The Division shall give public notice of receipt of a complete request to undertake a navigability study of a particular waterway segment. This notice shall be published in a statewide newspaper, and also a newspaper of general circulation in the area in which the waterway segment is located. The notice shall be sent to persons requesting such notices and other interested persons (for example, local government, watershed councils, etc.).
(5)The Division shall refer all complete navigability study requests to the Land Board. The Division shall fully describe the request and give the Division’s recommendation(s) based on its evaluation of the following considerations:
(a)Whether sufficient economic justification and/or broad and substantial public interest exists to justify such a study;
(b)If other alternative means exist to resolve the use conflicts identified in the study request;
(c)The relative importance of the issue(s) as compared with other study requests;
(d)The cost of conducting the required study; and
(e)The Division’s workload and the availability of funding.
(6)The Division shall ask the Land Board to direct it to undertake a navigability study, postpone undertaking the study, reject the request, or provide it with other instructions.
Rule 141-121-0020 — Request for a Navigability Study,