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 waterways could have been used for trade and travel at the time of statehood.