2017 ORS 274.230¹
Investigation and report by Water Resources Director
  • terms of contract
  • bond

(1) Upon receipt of the application, map and plan of drainage and reclamation under ORS 274.220 (Application for drainage and reclamation of lands), the Department of State Lands may require the Water Resources Director to make an investigation and report at the expense of the applicant. If the project appears feasible and desirable and such applicant responsible, the department may enter into a contract with the applicant for construction of the drainage and reclamation works.

(2) The applicant shall agree:

(a) To drain the submersible and submerged lands substantially in accordance with the plans set forth in the contract;

(b) To make such proofs of reclamation as are required by the department;

(c) To pay all costs incident to the contract and making of the proof and any other expense connected therewith;

(d) That work will be commenced upon the ditches or other works necessary for such drainage and reclamation at a time fixed by the department and agreed upon in the contract;

(e) That by the end of the first year after the time fixed in the contract for beginning such work, 10 percent of the necessary expenditure will be made; and

(f) That this work will be prosecuted with due diligence until complete and the required proof of reclamation is made.

(3) The department shall require a bond subject to its approval in any sum it finds necessary to insure the faithful performance of the contract. [Amended by 1967 c.421 §123; 1969 c.594 §39]

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.