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Last modified
7/29/2009 11:17:49 AM
Creation date
10/9/2006 4:44:50 AM
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Template:
Water Supply Protection
File Number
8040.950
Description
Section D General Studies-General Water Studies
Date
11/23/1983
Title
Report on River Conservation Programs in the 50 States-Working Draft-Prepared for National Association of State River Conservation Programs
Water Supply Pro - Doc Type
Report/Study
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<br />OREGOH <br /> <br />Oregon has a legislatively authorized rivers protection program, the Scenic <br />Waterways Act, which was passed in 1969. The Act instantly designated six <br />outstanding Oregon rivers. Two more have since been added: one by the study <br />process and one by legislative action. <br /> <br />Rivers in the system are designated in accordance with six classifications- <br />Natural River Areas, Scenic River Areas, Recreational River Areas, Natural <br />Scenic View Areas, Accessible Natural Rivers Areas, and River Community Areas. <br />These classifications are dependent on the degree of development found along a <br />particular river segment. <br /> <br />, <br /> <br />. <br /> <br />The act specifically prohibits construction of dams or other impoundments, <br />and placer mining. <br /> <br />Administration of the system is the responsibility of the Department of <br />Transportation, and the Department must adopt rules and regulations for the <br />management of the system. <br /> <br />The Act established a process for study and designation of additional <br />rivers. Criteria for new rivers is also spelled out in the Act. The Governor <br />designates a new river if recommended by the Transportation Commission and the <br />water Policy Review Board. The Governor's designation can be vetoed by the <br />Legislature. <br /> <br />The act specifies that "...related adjacent land.,." for designated rivers <br />shall be one-quarter mile from each bank. <br /> <br />The rules and regulations adopted by the Oregon Transportation Commission <br />for management of the system, restrict activity and development in areas <br />adjacent to the river. <br /> <br />The land use regulation aspects of the Act are based on a unique <br />"defensive" mode, by which the State must review all land use change actions <br />prior to their commencement. Using the river classifications and administrative <br />rules as a guideline, the state determines if a proposal will "substantially <br />impair the natural beauty of the scenic waterway." If the proposal is contrary <br />to the rules or "substantially impairs," the state may refuse to allow the <br />proposal to proceed. The applicant and the state can then attempt to negotiate <br />an acceptable proposal. However, if this negotiation fails, the state's sale <br />recourse is to purchase the property. The state may use condemnation if <br />necessary. Of the 500 proposals reviewed in ten years, only about 50 have been <br />denied, 18 resulted in purchase, only two required condemnation. <br /> <br />The Governor appoints a nine member Scenic \laterway Advisory Corunittee. <br />Each member serves three years. With representation coming from throughout the <br />state and with varied profession and hobby interests, the community gives <br />direction to the staff in matters relating to program policy--especially river <br />user management and rUVer studies. <br /> <br />In addition to the Scenic \vaterways Program, Oregon also has the Willamette <br />River Greenway Program, designed to protect the 250 mile Willamette River. <br />Emphasis of the program is placed on county zoning along the river corridor. <br /> <br />52 <br />
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