Bill Text: OR SB388 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to waterways; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB388 Detail]

Download: Oregon-2013-SB388-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 843

                         Senate Bill 388

Sponsored by Senator BATES (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires State Parks and Recreation Commission to designate
segments of five waterways for use by public under certain pilot
project management plans. Requires commission to adopt pilot
project management plans for waterways. Requires State Parks and
Recreation Director to report to Legislative Assembly.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to waterways; and declaring an emergency.
  Whereas the waterways of Oregon are an integral part of the
scenic beauty and the history of this state; and
  Whereas many people use the waterways of Oregon for recreation
and other activities; and
  Whereas the waterways of Oregon should, to the greatest extent
practicable, be enjoyed by all who live in and visit this state;
and
  Whereas the rights of owners of property adjacent to the
waterways of Oregon should be respected by those who use these
waterways; and
  Whereas the designation of certain segments of waterways of
Oregon for use by the public under a pilot project management
plan developed by the State Parks and Recreation Commission will
help ensure the best use of the waterways of Oregon; now,
therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + After consultation with the Department of State
Lands and the State Department of Fish and Wildlife, and after
consideration of the use of waterways in this state by the
public, the State Parks and Recreation Commission by rule shall
designate one segment for each of five waterways for use by the
public pursuant to the pilot project management plans specified
in section 3 of this 2013 Act. Following adoption of the pilot
project management plans by the commission pursuant to section 3
of this 2013 Act, the segments of waterways designated by the
commission under this section shall be available for use by the
public pursuant to the pilot project management plans. + }
  SECTION 2.  { + The State Parks and Recreation Commission shall
adopt the rules specified in section 1 of this 2013 Act not later
than April 1, 2014. + }
  SECTION 3.  { + The State Parks and Recreation Commission by
rule shall adopt a pilot project management plan for each of the
segments designated in section 1 of this 2013 Act. The rules
adopted under this section shall address matters related to the
use of the waterways in this state by the public, including but
not limited to:
  (1) Educational initiatives to be carried out by the State
Parks and Recreation Department to educate the public regarding
use of the waterways.
  (2) Educational initiatives to be carried out by the department
to educate owners of property adjacent to the waterways regarding
use of the waterways by the public. + }
  SECTION 4.  { + The State Parks and Recreation Commission shall
adopt the rules specified in section 3 of this 2013 Act not later
than April 1, 2015. + }
  SECTION 5.  { + Sections 1 and 3 of this 2013 Act do not apply
to:
  (1) Any treaty or right of any federally recognized Indian
tribe.
  (2) Land held in trust by the federal government for Indian
tribes or individual members of Indian tribes.
  (3) The rights of a person who owns property immediately
adjacent to a waterway to engage in farming practices, as defined
in ORS 30.930, on that property, except that the person may not
erect a barrier. + }
  SECTION 6.  { + Not later than February 1, 2016, the State
Parks and Recreation Director shall submit a report to the
Seventy-eighth Legislative Assembly describing the activities of
the State Parks and Recreation Commission and the State Parks and
Recreation Department, as specified in sections 1 and 3 of this
2013 Act. The report also shall contain recommendations regarding
whether segments of other waterways in this state should be
designated for use by the public pursuant to pilot project
management plans. + }
  SECTION 7.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------