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Public Use of Waterways

Two people holding paddles in a green kayak on a river.Many Oregon rivers and lakes are publicly owned and open for all to use and enjoy. The Department of State Lands oversees these Oregon-owned waterways, encouraging respectful, responsible use.

Important information for the Umpqua River

Enjoying Oregon-Owned Waterways

You have the right to use the beds and banks of Oregon-owned waterways for all lawful activities. Some uses, like building a dock, may require a waterway authorization and other permits. 

Here’s what you need to know to enjoy the rivers and lakes we all share. 

DSL’s online map and PDF list show​ which waterways are Oregon-owned. See the FAQ below for more information about waterway ownership. ​​

​Under the Public Trust Doctrine​, the public has the right to use the beds and banks of Oregon-owned waterways to the line of ordinary high water.  This boundary line is typically where shrubs, trees, and other plants begin to grow.

The land above the line of ordinary high water belongs to the adjacent landowner. An adjacent property deed will sometimes include a bed or bank, but the public still has the right to use the beds and banks of Oregon-owned waterways to the line of ordinary high water. The public does not have the right to go above the line of ordinary high water onto private property, except briefly when “necessary” to the lawful use of the waterway. For example, going around an obstruction, retrieving a paddle, or providing first aid. 


Not all waterways have been determined to be Oregon-owned. But the public still has the right to use a waterway that is “navigable-for-public-use,” which means a waterway long, wide, and deep enough for a boat to move through.

​The public may: 
  • Use these waterways for navigation, commerce, recreation, and fishing. 
  • Use the bank of a waterway that is navigable-for-public-use if the use is “necessary” to the lawful use of the waterway. For example, going around an obstruction, retrieving a paddle, or providing first aid.
  • Important note: This information is based on a 2005 Oregon Attorney General Opinion​ addressing the public's right to use a waterway if Oregon's ownership has not been determined. The Department cannot provide any additional guidance on use of waterways that have not been determined to be Oregon-owned. 

​​Waterways that are not Oregon-owned and not navigable-for-public-use are generally closed to the public unless the landowner gives permission.​

Respectful Use of Waterways

Help keep Oregon's waterways enjoyable for all by:

  • Following all local, state, and federal laws.
  • Removing trash and pet waste.
  • Launching and taking out boats, kayaks, and other watercraft from public launches or parks.
  • Staying off private property.
  • Behaving respectfully and considerately toward other waterway users and adjacent landowners.

Waterway Use Restrictions

The below restrictions help ensure Oregon-owned waterways can be enjoyed by all. 

Boats using Oregon-owned  waterways must adhere to Oregon's limited duration rule, which restricts the amount of time a boat or other type of vessel can stay in one location (OAR 141-082-0255). Boats that stay longer than allowed are considered abandoned vessels. Owners of these vessels may be cited for trespass or fined, the vessel may be seized, or the owner may be responsible for the costs of vessel cleanup and removal.

  • Recreational and other non-commercial boats cannot stay in one location for more than 30 consecutive days during a 12-month period. Once they have exceeded this, they must move to another location that is at least five miles away.
  • Commercial vessels cannot stay in one spot for longer than 14 consecutive days.

The Oregon State Marine Board regulates recreational boating, including use of motorized boats and watercraft.


Sections of several Oregon-owned waterways have restrictions on camping or campfires at any time. Motor vehicle access is also be restricted on some waterways. See OAR 141-088-0010 - 141-0880-0240 for a list of permanent use restrictions. Temporary closures or restrictions are listed under “Current Restrictions" on the right side of this page. ​


DSL's Stewardship of Waterways

DSL is proud to manage the Oregon-owned waterways enjoyed by so many. We work in partnership with local communities, organizations, public safety partners, and other government agencies to help Oregon-owned waterways thrive. Our efforts include:

  • Launching Oregon's abandoned and derelict vessel (ADV) program. Hazardous boats, ships, and other vessels seriously impact the health and safety of our waterways. Learn more about DSL's collaborative work to remove vessels and establish a statewide program to address ADVs.
  • Investing in waterways by funding community-led projects. Learn more about grants provided by the Submerged Lands Enhancement Fund.
  • Addressing long-term camping on and along waterways. People are living along waterways and using hazardous boats for shelter in communities throughout Oregon. DSL works closely with partners and local communities to address the impacts of these uses on Oregon-owned waterways. This includes monitoring and responding to unauthorized encampments and shelters, engaging with people living on lands and waters, and scheduling site clean-ups, when possible. We are also joining in bigger conversations to be part of real solutions for complex social problems like homelessness.  


Frequently Asked Questions

At statehood, Oregon was granted ownership of the waterways used for navigation, commerce and fishing. Those waterways include the territorial sea, coastal bays and estuaries, and coastal rivers to head of tide.

Over time, other waterways were determined to be Oregon-owned through court decisions, laws passed by our state legislature, or State Land Board declarations. These waterways meet the federal test of navigability and are “navigable-for-title" and open to the public for navigation, commerce, recreation, and fishing. 

A waterway that is not tidally influenced is navigable-for-title under the federal test if, at the time of statehood, it was used or was susceptible of use, in its ordinary condition, as a highway of commerce over which trade and travel was or could have been conducted in the customary modes of trade and travel on water. Waterways may be declared navigable-for-title through legislative, judicial, or administrative proceedings. A navigable-for-title declaration is based on whether the waterway could have been used for trade and travel at the time of statehood.


Typically, Oregon's ownership includes:

  • Beds, or submerged land. Lands that are underwater and lie below the line of ordinary low water, the line on the shore where water normally recedes to its lowest annually (usually in the late summer).
  • Banks, or submersible land. Lands that are sometimes submerged underwater. Banks are located between the line of ordinary low water and the line of ordinary high water, where the water typically rises to annually. Generally, the line of ordinary high water on a bank can be identified by the point where vegetation begins to grow.

Sometimes, adjacent property ownership may include part of a bank or bed. But the public has the right to use beds and banks of Oregon-owned waterways for public trust uses of navigation, commerce, fishing and recreation.


All lawful activities are allowed. So you may:

  • Swim, boat, and fish in the water.
  • Pull your boat up to the riverbank to rest.
  • Use the riverbank below the line of ordinary high water for lawful activities like fishing, walking, collecting rocks, or birdwatching.

Briefly access private property above the line of ordinary high water only when “necessary" to the lawful use of the waterway. For example, to go around an obstruction, retrieve a paddle, or provide first aid. 


The Pacific Ocean from shoreline to three geographical miles offshore is the territorial sea. The territorial sea is Oregon-owned from the line of ordinary high water to three geographical miles offshore.

The Oregon Parks and Recreation Department has authority over the use of the beach down to the point of extreme low tide. Use of the territorial sea has restrictions in areas that have been designated as marine reserves and marine protected areas.

Projects that add, remove, or move materials in the territorial sea from the point of extreme low tide to three geographical miles offshore typically require a removal-fill permit from DSL. ​

A waterway may be declared navigable-for-title, and therefore Oregon-owned, through legislative action, court judgment, or State Land Board declaration.   The State Land Board process for declaring a waterway navigable and Oregon-owned is in ORS 274 and OAR 141-121.

The Department does not have sufficient staff or funding to conduct navigability studies and is currently unable to recommend that the State Land Board accept any new requests for navigability studies. ​



CONTACT

Blake Helm, Proprietary Specialist
971-701-1507
Blake.Helm@dsl.oregon.gov

Contact a proprietary coordinator for your county.
 Latest Conditions
Current waterway use restrictions: OAR 141 -088-0010 - 141-0880-0240