ORS 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)]

Source: Section 390.826 — Designated scenic waterways, https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html.

Attorney General Opinions

Under former similar statute (ORS 390.825)

Application of Scenic Waterways Act to future expansion of City of Maupin boundaries, (1977) Vol 38, p 697

390.005
Definitions
390.010
Policy of state toward outdoor recreation resources
390.050
Park and recreation violations
390.060
Definitions for ORS 390.060 to 390.067
390.063
Lottery bonds for state park projects
390.065
Findings
390.067
Request for issuance of state park lottery bonds
390.111
Creation of department
390.112
Additional criteria for acquiring and developing new historic sites, parks and recreation areas
390.114
State Parks and Recreation Commission
390.117
Commission officers
390.121
Powers of commission
390.122
Requirements for establishing priorities for acquisition
390.124
Commission rulemaking authority
390.127
State Parks and Recreation Director
390.131
Duties of director
390.134
State Parks and Recreation Department Fund
390.135
Parks Subaccount
390.137
State Parks and Recreation Department Operating Fund
390.139
Oregon Adopt-a-Park Program
390.140
Powers and duties of State Parks and Recreation Director
390.141
Agreements between State Parks and Recreation Department and private organizations
390.142
Rules
390.143
Agreements to provide interpretive services to recreational facilities
390.144
Rules for ORS 390.143
390.150
Gifts and grants for State Parks and Recreation Department
390.153
Parks Donation Trust Fund
390.155
Authority for State Parks and Recreation Department to accept gifts or donations
390.180
Standards for recreational planning and fund disbursement
390.182
Statewide accessibility design standards for recreation projects
390.190
Revolving fund
390.195
Use of state correctional institution adult in custody labor for maintenance and improvement at state parks
390.200
Authority of department to require fingerprints
390.230
Fort Stevens Military Reservation
390.231
Development of Crissey Field as state park
390.232
Tax on government camping and recreational vehicle spaces
390.235
Permits and conditions for excavation or removal of archaeological or historical material
390.237
Removal without permit
390.240
Mediation and arbitration of disputes
390.241
Office of Outdoor Recreation
390.242
Associate Director of Outdoor Recreation
390.243
Outdoor Recreation Advisory Committee
390.245
Commemorative coins authorized
390.247
Design
390.250
Development of recreational use of lands by Jackson County
390.255
Use of funds to acquire land interests
390.260
Application to Willamette River Greenway
390.262
Oregon Main Street Revitalization Grant Program
390.264
Oregon Main Street Revitalization Grant Program Fund
390.270
Definitions for ORS 390.270 to 390.290
390.275
Purpose of ORS 390.270 to 390.290
390.280
Duties of State Parks and Recreation Department
390.285
Application by local governing body for reimbursement
390.290
Schedule for reimbursement of local governing bodies
390.292
Willamette Falls Park Fund
390.295
Jurisdiction of State Forestry Department and State Parks and Recreation Department
390.300
Tillamook Forest Recreation Trust Account
390.303
Reconnect Forest Park Fund
390.305
Salmonberry Trail
390.307
Salmonberry Trail Trust Fund
390.308
Oregon Coast Trail
390.310
Definitions for ORS 390.310 to 390.368
390.314
Legislative findings and policy
390.318
Preparation of development and management plan
390.322
Submission of plan to Land Conservation and Development Commission
390.330
Grants for acquisition of lands by local government units
390.332
Acquisition of scenic easements near Willamette River
390.334
Acquisition of scenic easements in lands subject to development plan
390.338
Limitations on use of condemnation power
390.340
Department rules
390.350
Intergovernmental agreements
390.360
Title to, and use and disposition of, lands acquired by local governmental units
390.364
Taxation of lands subject to scenic easements
390.368
Authority to contract landscaping and repair of damage to lands subject to scenic easement
390.400
Public electric vehicle charging stations
390.405
Parks and Recreation Transportation Electrification Fund
390.550
Definitions
390.555
All-Terrain Vehicle Account
390.560
Uses of All-Terrain Vehicle Account
390.565
All-Terrain Vehicle Advisory Committee
390.570
Class I all-terrain vehicle operator permits
390.575
Class III all-terrain vehicle operator permits
390.577
Class IV all-terrain vehicle operator permit
390.580
All-terrain vehicle operating permit
390.585
Rules
390.590
Out-of-state all-terrain vehicle permit
390.605
Definitions
390.610
Policy
390.615
Ownership of Pacific shore
390.620
Pacific shore not to be alienated
390.630
Acquisition along ocean shore for state recreation areas or access
390.632
Public access to coastal shorelands
390.635
Jurisdiction of department over recreation areas
390.640
Permit required for improvements on ocean shore
390.650
Improvement permit procedure
390.655
Standards for improvement permits
390.659
Hearing before director regarding department action on improvement permit
390.660
Regulation of use of lands adjoining ocean shores
390.661
Improvement without permit or contrary to permit conditions as public nuisance
390.663
Investigation of violation within ocean shore
390.666
Revocation, suspension or nonrenewal of improvement permit
390.669
Action by state or any person to abate public nuisance
390.672
Damages for destruction or infringement of public right of navigation, fishery or recreation
390.674
Imposition of civil penalties
390.676
Schedule of civil penalties
390.678
Motor vehicle and aircraft use regulated in certain zones
390.685
Effect of ORS 390.605, 390.615, 390.678 and 390.685
390.690
Title and rights of state unimpaired
390.705
Prohibition against placing certain conduits across recreation area and against removal of natural products
390.715
Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands
390.725
Permits for removal of products along ocean shore
390.729
Permits for operation of all-terrain vehicles on ocean shore
390.755
Periodic reexamination of vegetation line
390.760
Exceptions from vegetation line
390.770
Vegetation line described
390.805
Definitions for ORS 390.805 to 390.925
390.815
Policy
390.826
Designated scenic waterways
390.827
Effect of ORS 390.826 on rights of Indian tribes
390.835
Highest and best use of waters within scenic waterways
390.845
Administration of scenic waterways and related adjacent lands
390.848
Passes for use of parts of Deschutes River
390.851
Activities prohibited on parts of Deschutes River without pass
390.855
Designation of additional scenic waterways
390.865
Authority of legislature over designation of additional scenic waterways
390.875
Transfer of public lands in scenic waterways to department
390.885
Exchange of property within scenic waterway for property outside waterway
390.895
Use of federal funds
390.905
Effect of ORS 390.805 to 390.925 on other state agencies
390.910
Intergovernmental cooperation
390.915
Determination of value of scenic easement for tax purposes
390.925
Enforcement
390.930
Definitions for ORS 390.930 to 390.940
390.932
Creation of Deschutes River Scenic Waterway Recreation Area
390.934
Management of Deschutes River Scenic Waterway Recreation Area
390.936
Rules
390.938
Guidelines for management and development
390.940
Relationship to other laws
390.950
Short title
390.956
Policy
390.959
Composition of trails system
390.962
Criteria for establishing trails
390.965
Hearing required
390.968
Selection of rights of way for trails
390.971
Department duties and powers
390.974
Intergovernmental cooperation to obtain property for use in trail system
390.977
Oregon Recreation Trails Advisory Council
390.980
Funds for purposes of ORS 390.950 to 390.989
390.983
Trail property tax assessment
390.986
Injunctive relief for violation of ORS 390.950 to 390.989
390.989
Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989
390.990
Violations
390.992
Civil penalties
390.995
Criminal penalties
390.997
Penalties for violation of ORS 166.155 or 166.165
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