Oregon Statute | Act | Code |Title 58 Shipping And Navigation| US Code - US Statute | Chapter 780 Improvement And Use Of Navigable Streams

Any person, association, or corporation may enter upon the
channel or bed of any and all rivers and watercourses, navigable or
susceptible of being made navigable, and perform work and labor thereon,
and make such improvement of the same by clearing out or deepening the
channel, constructing wing dams, blasting and removing rocks or ledges,
removing sand bars, gravel bars, snags and all other obstructions to
navigation, so as to render the rivers or any of them navigable at all
seasons of the year or to improve the navigation. No work authorized by
ORS 780.010 and 780.020 to be done shall be so done or conducted as to
obstruct in any manner, either temporarily or otherwise, any channel or
river now navigable, but the closing of one or more channels in any river
in order to deepen or cause more water to flow in the main channel shall
not be construed as constituting an obstruction to the navigation of any
river or watercourse. All persons,
associations and corporations engaging in improvement of the navigation
of any river or watercourse, as authorized in ORS 780.010, may enter upon
the lands adjacent to any river or watercourse for the purpose of cutting
timber, taking rock, gravel, dirt and other materials necessary for the
prosecution of the work of such improvement, and pass over adjacent lands
with means of transportation proper for conducting the work contemplated
by ORS 780.010, doing as little damage as possible, subject only to the
payment of such damages as may be assessed according to law. All
channels of rivers and watercourses made navigable or the navigation of
which is improved, as contemplated by ORS 780.010, shall be public
highways, and shall be free to all crafts navigating them. [Amended by
2005 c.22 §510] (1) The owner of any
land lying upon any navigable stream or other like water, and within the
corporate limits of any incorporated town or within the boundaries of any
port, may construct a wharf upon the same, and extend the wharf into the
stream or other like water beyond low-water mark so far as may be
necessary for the use and accommodation of any ships, boats or vessels
engaged exclusively in the receipt and discharge of goods or merchandise
or in the performance of governmental functions upon the stream or other
like water.

(2) As used in this section, “wharf” does not include new lands
created upon submersible or submerged lands by artificial fill or
deposit. [Amended by 1963 c.125 §1; 1973 c.328 §2]The corporate authorities of the town
wherein a wharf, dock, pier, moorage or similar structure is proposed to
be constructed, or the commission of any port wherein the structure is
proposed to be constructed if the proposed location of the structure is
not within any town, may regulate the construction of the structure. Upon
application of the person entitled to and desiring to construct the
wharf, dock, pier, moorage or similar structure, the corporate
authorities or port commission, as the case may be, may by ordinance or
other like mode prescribe the mode and extent to which the structure may
be constructed beyond the line of low-water mark so that the structure
shall not be constructed any farther into the stream or other water
beyond the low-water line than may be necessary and convenient for the
use of the structure and so that it will not unnecessarily interfere with
the navigation of the stream or other like water. [Amended by 1963 c.125
§2; 1973 c.328 §3]
Nothing in this chapter authorizes the construction of a wharf, dock,
pier, moorage or similar structure at any place where its construction
and operation will substantially impair or interfere with the cultivation
and taking of oysters subject to the provisions of ORS 622.210 to 622.300
and 622.320. [1969 c.675 §20; 1973 c.328 §4]

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