2017 ORS 274.025¹
Jurisdiction over submersible and submerged lands

Jurisdiction over submersible and submerged lands generally. (1) The title to the submersible and submerged lands of all navigable streams and lakes in this state now existing or which may have been in existence in 1859 when the state was admitted to the Union, or at any time since admission, and which has not become vested in any person, is vested in the State of Oregon. The State of Oregon is the owner of the submersible and submerged lands of such streams and lakes, and may use and dispose of the same as provided by law.

(2) No person shall acquire any right, title or interest in or to the submersible and submerged lands of any such navigable lakes, or any part thereof, by reliction or otherwise, or by reason of the lowering or drainage of the waters of such lakes, except as provided by statute. [Formerly 274.420]

Notes of Decisions

Disputed ownership of riverbed lands was governed solely by Oregon law and not by federal common law because applica­tion of federal common law was re­quired neither by equal footing doctrine nor by principle of federal law and similar result is obtained in case of riparian lands which did not pass under equal footing doctrine. Or. Ex Rel. State Land Bd. v. Corvallis Sand & G., 97 S Ct 582, 429 US 363, 50 L Ed 2d 550 (1977)

On remand from the United States Supreme Court, state was entitled to pos­ses­sion of disputed por­tions of bed of Willamette River except part where navigable por­tion of river began to flow as result of avulsive change of course occurring after admission to union. Land Bd. v. Corvallis Sand & Gravel, 283 Or 147, 582 P2d 1352 (1978)

Oregon’s submerged and submersible lands were not “granted” to Oregon by the federal govern­ment but Oregon’s ownership was a result of the equal footing doctrine, therefore, the proceeds of leased submerged and submersible lands are not dedicated to the Common School Fund under Article VIII, sec­tion 2, Oregon Constitu­tion and are leased submerged and submersible lands subject to taxa­tion. Johnson v. Dept. of Revenue, 9 OTR 11 (1981), aff’d 292 Or 373, 639 P2d 128 (1982)

Law Review Cita­tions

2 EL 90 (1971); 4 EL 342 (1974)

Chapter 274

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100; Division of State Lands’ authority to require lease or fill or removal permit for private company dredging submerged offshore lands to harvest clams, (1979) Vol 40, p 35; State Land Board’s authority to delegate duties to Port of Portland, (1979) Vol 40, p 111

Law Review Cita­tions

4 EL 343, 346, 348 (1974)

1 Legislative Counsel Committee, CHAPTER 274—Submersible and Submerged Lands, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors274.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 274, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano274.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.