ORS 196.909¹

As used in ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding):

(1) “Adaptive management” has the meaning given that term in ORS 541.890 (Definitions for ORS 541.890 to 541.969).

(2) “Channel” means the defined bed and bank that serve to confine where a stream of water runs.

(3) “Dry” means:

(a) Channel conditions where no flowing or standing water is present, other than small quantities of water that may occur in low areas of the channel as a direct result of active maintenance activities; and

(b) For the channel of a waterway that is subject to tidal influence, the existence of channel conditions described in paragraph (a) of this subsection during all tidal conditions.

(4) “Maintenance” means channel upkeep and removal from the channel of sediment, vegetation or debris, in the minimum amount necessary to restore the serviceability of the channel for facilitating drainage.

(5) “Traditionally maintained channel” means the channel of a segment, set of segments or the entirety of a drainage ditch, intermittent stream or perennial stream that:

(a) Has been routinely subject to maintenance to facilitate drainage related to farming or ranching operations; and

(b) Has been serviceable for facilitating drainage within the past five years. [2019 c.699 §3]

Note: See note under 196.906 (Legislative findings and declarations).

1 Legislative Counsel Committee, CHAPTER 196—Columbia River Gorge; Ocean Resource Planning; Wetlands; Removal and Fill, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors196.­html (2019) (last ac­cessed May 16, 2020).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information