Scenic Waterways

ORS 390.855
Designation of additional scenic waterways


The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources Commission, recommending the designation of additional rivers or segments of rivers and related adjacent land by the Governor as scenic waterways subject to the provisions of ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement). Consistent with such recommendation, the Governor may designate any river or segment of a river and related adjacent land as a scenic waterway subject to the provisions of ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement). The department shall consult with the State Fish and Wildlife Commission, the State Department of Agriculture, the Environmental Quality Commission, the Department of State Lands, and such other persons or agencies as it considers appropriate. The State Parks and Recreation Department shall conduct hearings in the counties in which the proposed additional rivers or segments of rivers are located. The following criteria shall be considered in making such report:

(1)

The river or segment of river is relatively free-flowing and the scene as viewed from the river and related adjacent land is pleasing, whether primitive or rural-pastoral, or these conditions are restorable.

(2)

The river or segment of river and its setting possess natural and recreation values of outstanding quality.

(3)

The river or segment of river and its setting are large enough to sustain substantial recreation use and to accommodate existing uses without undue impairment of the natural values of the resource or quality of the recreation experience. [1971 c.1 §6]

Law Review Citations

4 EL 302 (1974); 19 EL 852 (1989)

§§ 390.805 to 390.925

Notes of Decisions

An easement is not involved in the state's right under these sections to regulate use of related adjacent land, but an easement is an additional right which the state may acquire by purchase or gift. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

Time factors involved are not designed to freeze land values to subsidize later acquisition by the state, nor do they impose unreasonable restraints upon landowners. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

The regulatory provisions are separate from the provisions giving the state the right to acquire land or interests in related adjacent land, and the state does not gain an interest in land by the adoption of the Act. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

The state's power to regulate is analogous to zoning restrictions and therefore the state does not acquire an interest for which compensation must be paid. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

Where water would otherwise flow through scenic waterway, provisions of Scenic Waterways Act requiring showing that proposed diversion was necessary to beneficial use applied to proposed diversion in city's application for permit to operate hydroelectric facility. Diack v. City of Portland, 306 Or 287, 759 P2d 1070 (1988)

Atty. Gen. Opinions

Prohibition of landfills on scenic waterways, (1971) Vol 35, p 844; authority to designate segment of Snake River as a scenic waterway, (1972) Vol 35, p 1226; definition and regulation of "placer mining," (1982) Vol. 42, p 213

Law Review Citations

4 EL 299-303, 373-376 (1974); 19 EL 841 (1989); 21 EL 133 (1991); 29 WLR 95 (1993)


Source

Last accessed
Jun. 26, 2021