Your Rights and Responsibilities

.Using Oregon's Waterways

 

  State-Owned Waterways

The rules controlling public use of state-owned waterways are simple. The Public Trust Doctrine gives you the right to use state-owned (or what are also termed "navigable") waterways (including submerged and submersible lands) for a wide variety of authorized uses including navigation, fisheries and recreation.
 
However, this doctrine is not a license to trespass on private land.
 
Although the public has some rights to navigate on waters where the bed is privately-owned, this may not include the right to wade or otherwise use the bed and banks of privately-owned uplands.
 
Anyone crossing private land to reach state-owned public land and waterways must have permission from the landowner. The landowner is under no obligation to grant this permission.
 
 
Oregon Supreme Court Cases involving Floatage Rights

  Be a Responsible User
 
Recreational use of state-owned waterways is a privilege enjoyed by many Oregonians and visitors. However, misuse and abuse of this privilege can lead to restrictions. The Department of State Lands and the State Land Board urge you to be a responsible user of public lands and waterways, obey all authorized closures, restrictions and postings, and exercise basic common sense, courtesy and consideration for others.
 

When using Oregon´s waterways:

• Always get the landowner’s permission to cross private land to get to the waterway.
• Be sure to launch and take out your boat at public launches or parks.
• Avoid conflicts with landowners.
• If you see trash, pick it up and carry it out, but avoid trespass to do so.
• Obey laws and common rules of decency at all times.

  Illegal Acts on Public Lands and Waterways
 
DSL is often asked what acts are illegal on public land and waterways. As a general rule, any act which is illegal on private land is also illegal on public land. Some of the illegal activities which are frequently reported to DSL as occurring on state-owned land are as follows:
 
 

Offensive littering	ORS 164.805	Class C Misdemeanor (30 days; $1000)
Littering in or within 100 yards of state waters	ORS 164.775	Class B Misdemeanor (6 months; $2000)
Trespass on private land	ORS 164.245	Class C Misdemeanor (30 days; $1000)
Possession, use of a controlled substance	ORS Chapter 475	Varies
Interference with property	ORS 164.345	Class C Misdemeanor (30 days; $1000)
Damaging property, less than $500	ORS 164.354	Class A Misdemeanor (1 year; $5000)
Damaging property, more than $500	ORS 164.354	Class C Felony (5 years; $100,000)
Damaging livestock	ORS 164.365	Class C Felony (5 years; $100,000)
Pointing firearm at another	ORS 166.190	6 months; $500
Firing at person or building within range of weapon	ORS 166.220	Class C Felony (5 years; $100,000)
Reckless burning	ORS 164.335	Class A Misdemeanor (1 year; $5000)