Bill Text: OR SB401 | 2013 | Regular Session | Engrossed

---

Bill Title: Relating to scenic waterways; declaring an emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB401 Detail]

Download: Oregon-2013-SB401-Engrossed.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1593

                           A-Engrossed

                         Senate Bill 401
                 Ordered by the Senate April 22
           Including Senate Amendments dated April 22

Sponsored by Senator BATES; Senator HASS (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

    { - Designates certain rivers and creeks as scenic
waterways. - }
   { +  Prohibits mining using motorized equipment in scenic
waterways.
  Requires State Parks and Recreation Department to undertake
study of certain waterways for consideration as scenic waterways.
Requires department to report to Governor and Legislative
Assembly. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to scenic waterways; creating new provisions; amending
  ORS 390.835; repealing sections 3 and 4, chapter 499, Oregon
  Laws 2001; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 390.835 is amended to read:
  390.835. (1) It is declared that the highest and best uses of
the waters within scenic waterways are recreation, fish and
wildlife uses. The free-flowing character of these waters shall
be maintained in quantities necessary for recreation, fish and
wildlife uses. No dam, or reservoir, or other water impoundment
facility shall be constructed on waters within scenic waterways.
No water diversion facility shall be constructed or used except
by right previously established or as permitted by the Water
Resources Commission, upon a finding that such diversion is
necessary to uses designated in ORS 536.310 (12), and in a manner
consistent with the policies set forth under ORS 390.805 to
390.925. The Water Resources Commission shall administer and
enforce the provisions of this subsection.
  (2) Filling of the beds or removal of material from or other
alteration of the beds or banks of scenic waterways for purposes
other than recreational prospecting not requiring a permit shall
be prohibited, except as permitted by the Director of the
Department of State Lands upon a finding that such activity would
be consistent with the policies set forth under ORS 390.805 to
390.925 for scenic waterways and in a manner consistent with the
policies set forth under ORS 196.800 to 196.825 and 196.845 to
196.870 for removal of material from the beds and banks and
filling of any waters of this state. The Director of the
Department of State Lands shall administer and enforce the
provisions of this subsection.
  (3)(a) Upon a finding of emergency circumstances, the Director
of the Department of State Lands may issue a temporary permit for
the removal, filling or alteration of the beds or banks within a
scenic waterway. The temporary permit shall include conditions
developed after consultation with the State Department of Fish
and Wildlife and the State Parks and Recreation Department.
  (b) As used in this subsection, 'emergency circumstances '
exist if prompt action is necessary to prevent irreparable harm,
injury or damage to persons or property.
  (4) Any person adversely affected or aggrieved by the grant or
denial of a permit under subsection (2) or (3) of this section
may appeal in accordance with the procedure set forth in ORS
196.835.
  (5) Nothing in ORS 390.805 to 390.925 affects the authority of
the State Fish and Wildlife Commission to construct facilities or
make improvements to facilitate the passage or propagation of
fish or to exercise other responsibilities in managing fish and
wildlife resources. Nothing in ORS 390.805 to 390.925 affects the
authority of the Water Resources Commission to construct and
maintain stream gauge stations and other facilities related to
the commission's duties in administration of the water laws.
  (6) Upon a finding of necessity under subsection (1) of this
section, the Water Resources Commission may issue a water right
for human consumption not to exceed 0.005 cubic feet per second
per household, or livestock consumption uses not to exceed
one-tenth of one cubic foot per second per 1,000 head of
livestock, as designated in ORS 536.310 (12) within or above a
scenic waterway if the Water Resources Commission makes the
following findings:
  (a) That issuing the water right does not significantly impair
the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
  (b) That issuing the water right is consistent with provisions
pertaining to water appropriation and water rights under ORS
chapters 536 and 537 and rules adopted thereunder.
  (c) That construction, operation and maintenance of the
diversion system will be carried out in a manner consistent with
the purposes set forth in ORS 390.805 to 390.925.
  (d) If the water right is for human consumption, an additional
finding that:
  (A) The applicant cannot reasonably obtain water from any other
source;
  (B) Denial of the water right would result in loss of
reasonable expectations for use of the property; and
  (C) The system installed to divert water shall include
monitoring equipment to permit water use measurement and
reporting.
  (e) If the water right is for livestock consumption, an
additional finding that:
  (A) The right is necessary to prevent the livestock from
watering in or along the stream bed;
  (B) The applicant cannot reasonably obtain water from any other
source; and
  (C) The applicant has excluded livestock from the stream and
its adjacent riparian zone.
  (7) In making the findings required under subsection (6) of
this section, the Water Resources Commission shall consider the
existing or potential cumulative impacts of issuing the water
right.
  (8) The Water Resources Commission may not allow human
consumption and livestock uses authorized under subsection (6) of
this section in excess of a combined cumulative total of one

percent of the average daily flow or one cubic foot per second,
whichever is less, unless:
  (a) The Water Resources Commission, the State Parks and
Recreation Department, the State Department of Fish and Wildlife,
the Department of Environmental Quality and the Department of
State Lands unanimously agree to exceed that amount; and
  (b) Exceeding that amount will not significantly impair the
free-flowing character of these waters in quantities necessary
for recreation, fish and wildlife.
  (9)(a) The provisions of this section shall not apply to a
water right application for the use of ground water as defined in
ORS 537.515, except upon a finding by the Water Resources
Director based on a preponderance of evidence that the use of
ground water will measurably reduce the surface water flows
necessary to maintain the free-flowing character of a scenic
waterway in quantities necessary for recreation, fish and
wildlife.
  (b) The Water Resources Department shall review every
application for the use of ground water to determine whether to
make the finding specified in paragraph (a) of this subsection.
The finding shall be based upon the application of generally
accepted hydrogeologic methods using relevant and available field
information concerning the proposed use.
  (c) In making the determination required by paragraph (a) of
this subsection, the Water Resources Department shall consider
the timing of projected impacts of the proposed use in relation
to other factors, including but not limited to: Changing climate,
recharge, incidental precipitation, out-of-stream appropriations
and return flows.
  (d) If the Water Resources Director makes the finding specified
in paragraph (a) of this subsection, the Water Resources Director
shall issue an order denying the application unless:
  (A) Mitigation is provided in accordance with subsection (10)
of this section; or
  (B) The applicant submits evidence to overcome the finding
under paragraph (a) of this subsection.
  (e) Except as provided under subsection (13) of this section,
if the Water Resources Director does not make the finding
specified in paragraph (a) of this subsection, the Water
Resources Director shall issue an order approving the application
if the application otherwise meets the requirements of ORS
537.505 to 537.795.
  (f) A protest of any order issued under this subsection may be
filed in the same manner as a protest on any application for a
right to appropriate ground water.
  (g) Each water right permit and certificate for appropriation
of ground water issued after July 19, 1995, for which a source of
appropriation is within or above a scenic waterway shall be
conditioned to allow the regulation of the use if analysis of
data available after the permit or certificate is issued
discloses that the appropriation will measurably reduce the
surface water flows necessary to maintain the free-flowing
character of a scenic waterway in quantities necessary for
recreation, fish and wildlife in effect as of the priority date
of the right or as those quantities may be subsequently reduced.
  (h) Nothing in this subsection shall limit the use of ground
water for a use exempted under ORS 537.545.
  (10) The Water Resources Commission or Water Resources Director
shall consider mitigation measures and may include mitigation
measures as conditions in any water right permit or certificate
to ensure the maintenance of the free-flowing character of the
scenic waterway in quantities necessary for recreation, fish and
wildlife.
  (11) The Water Resources Commission and the Water Resources
Director shall carry out their responsibilities under ORS 536.220

to 536.590 with respect to the waters within scenic waterways in
conformity with the provisions of this section.
  (12) As used in this section, 'measurably reduce' means that
the use authorized under subsection (9) of this section will
individually or cumulatively reduce surface water flows within
the scenic waterway in excess of a combined cumulative total of
one percent of the average daily flow or one cubic foot per
second, whichever is less, unless:
  (a) The Water Resources Department, the State Parks and
Recreation Department, the State Department of Fish and Wildlife,
the Department of Environmental Quality and the Department of
State Lands unanimously agree to exceed that amount; and
  (b) Exceeding that amount will not significantly impair the
free-flowing character of these waters in quantities necessary
for recreation, fish and wildlife.
  (13) Before authorizing an appropriation that will reduce
streamflows within a scenic waterway in amounts up to but not
exceeding the amounts described in subsection (12) of this
section, the Water Resources Director shall find:
  (a) That the appropriation will not significantly impair the
free-flowing character of these waters in quantities necessary
for recreation, fish and wildlife.
  (b) That the appropriation is consistent with provisions
pertaining to water appropriations and water rights under ORS
chapters 536 and 537 and the rules adopted thereunder.
  (c) That construction, operation and maintenance of the
appropriation will be carried out in a manner consistent with the
purposes set forth in ORS 390.805 to 390.925.
  (14) No placer mining shall be permitted on waters within
scenic waterways other than recreational placer mining.
  (15) No person shall be required to obtain a permit for
recreational prospecting resulting in the fill, removal or other
alteration of less than one cubic yard of material at any one
individual site and, cumulatively, not more than five cubic yards
of material from within the bed or wet perimeter of any single
scenic waterway in a single year. Recreational prospecting shall
not occur at any site where fish eggs are present.
  (16) No provision of this section shall be construed to exempt
recreational placer mining on a scenic waterway, other than
recreational prospecting not requiring a permit, from compliance
with the provisions of ORS 196.800 to 196.825 and 196.845 to
196.870 or rules adopted pursuant to ORS 196.800 to 196.825 and
196.845 to 196.870.
  (17) Recreational placer mining, other than recreational
prospecting not requiring a permit, shall not:
  (a) Dam or divert a waterway or obstruct fish passage;
  (b) Include nozzling, sluicing or digging outside the wet
perimeter of the stream, nor extend the wet perimeter;
  (c) Include movement of boulders, logs, stumps or other woody
material from the wet perimeter other than movement by hand and
nonmotorized equipment;
  (d) Involve the disturbance of rooted or embedded woody plants,
including trees and shrubs, regardless of their location;
  (e) Include excavation from the streambank;
  (f) Fail to level pits, piles, furrows or potholes outside the
main channel of the waterway upon leaving the site;
    { - (g) Include operation of a suction dredge without a
suction dredge waste discharge permit from the Department of
Environmental Quality including, but not limited to, a
prohibition against dredging during periods when fish eggs could
be in the dredging site gravel; - }
    { - (h) - }   { + (g) + } Be conducted on federal lands
except as allowed by agencies of the federal government; { +
or + }
    { - (i) - }   { + (h) + } Impede boating { + . + }  { - ; - }

    { - (j) Include operation of a dredge between the hours of 6
p.m. and 8 a.m. within 500 feet of a residence or within 500 feet
of a campground except within a federally designated recreational
mining site; or - }
    { - (k) Include operation of a dredge within the marked or
posted swimming area of a designated campground or day use area
except within a federally designated recreational mining
site. - }
  (18) As used in this section:
  (a) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar.
  (b) 'Prospecting' means to search or explore for samples of
gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.
  (c) { + (A) + } 'Recreational placer mining'   { - includes,
but is not limited to, the use of - }   { + means mining
using + } nonmotorized equipment
  { - and motorized surface dredges having an intake nozzle with
an inside diameter not exceeding four inches, a motor no larger
than 16 horsepower and a muffler meeting or exceeding
factory-installed noise reduction standards - } .
   { +  (B) + } 'Recreational placer mining' does not
 { - include - }   { + mean + } recreational prospecting that
does not require a permit.
  (d) 'Wet perimeter' means the area of the stream that is
underwater, or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs.
  SECTION 2. ORS 390.835, as amended by section 8, chapter 516,
Oregon Laws 2001, is amended to read:
  390.835. (1) It is declared that the highest and best uses of
the waters within scenic waterways are recreation, fish and
wildlife uses. The free-flowing character of these waters shall
be maintained in quantities necessary for recreation, fish and
wildlife uses. A dam, reservoir or other water impoundment
facility may not be constructed on waters within scenic
waterways.  A water diversion facility may not be constructed or
used except by right previously established or as permitted by
the Water Resources Commission, upon a finding that such
diversion is necessary to uses designated in ORS 536.310 (12),
and in a manner consistent with the policies set forth under ORS
390.805 to 390.925. The Water Resources Commission shall
administer and enforce the provisions of this subsection.
  (2) Filling of the beds or removal of material from or other
alteration of the beds or banks of scenic waterways for purposes
other than recreational prospecting not requiring a permit shall
be prohibited, except as permitted by the Director of the
Department of State Lands upon a finding that such activity would
be consistent with the policies set forth under ORS 390.805 to
390.925 for scenic waterways and in a manner consistent with the
policies set forth under ORS 196.800 to 196.825 and 196.845 to
196.870 for removal of material from the beds and banks and
filling of any waters of this state. The Director of the
Department of State Lands shall administer and enforce the
provisions of this subsection.
  (3)(a) Upon a finding of emergency circumstances, the Director
of the Department of State Lands may issue a temporary permit for
the removal, filling or alteration of the beds or banks within a
scenic waterway. The temporary permit shall include conditions
developed after consultation with the State Department of Fish
and Wildlife and the State Parks and Recreation Department.
  (b) As used in this subsection, 'emergency circumstances '
exist if prompt action is necessary to prevent irreparable harm,
injury or damage to persons or property.
  (4) Any person adversely affected or aggrieved by the grant or
denial of a permit under subsection (2) or (3) of this section
may appeal in accordance with the procedure set forth in ORS
196.835.
  (5) Nothing in ORS 390.805 to 390.925 affects the authority of
the State Fish and Wildlife Commission to construct facilities or
make improvements to facilitate the passage or propagation of
fish or to exercise other responsibilities in managing fish and
wildlife resources. Nothing in ORS 390.805 to 390.925 affects the
authority of the Water Resources Commission to construct and
maintain stream gauge stations and other facilities related to
the commission's duties in administration of the water laws.
  (6) Upon a finding of necessity under subsection (1) of this
section, the Water Resources Commission may issue a water right
for human consumption not to exceed 0.005 cubic feet per second
per household, or livestock consumption uses not to exceed
one-tenth of one cubic foot per second per 1,000 head of
livestock, as designated in ORS 536.310 (12) within or above a
scenic waterway if the Water Resources Commission makes the
following findings:
  (a) That issuing the water right does not significantly impair
the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
  (b) That issuing the water right is consistent with provisions
pertaining to water appropriation and water rights under ORS
chapters 536 and 537 and rules adopted thereunder.
  (c) That construction, operation and maintenance of the
diversion system will be carried out in a manner consistent with
the purposes set forth in ORS 390.805 to 390.925.
  (d) If the water right is for human consumption, an additional
finding that:
  (A) The applicant cannot reasonably obtain water from any other
source;
  (B) Denial of the water right would result in loss of
reasonable expectations for use of the property; and
  (C) The system installed to divert water shall include
monitoring equipment to permit water use measurement and
reporting.
  (e) If the water right is for livestock consumption, an
additional finding that:
  (A) The right is necessary to prevent the livestock from
watering in or along the stream bed;
  (B) The applicant cannot reasonably obtain water from any other
source; and
  (C) The applicant has excluded livestock from the stream and
its adjacent riparian zone.
  (7) In making the findings required under subsection (6) of
this section, the Water Resources Commission shall consider the
existing or potential cumulative impacts of issuing the water
right.
  (8) The Water Resources Commission may not allow human
consumption and livestock uses authorized under subsection (6) of
this section in excess of a combined cumulative total of one
percent of the average daily flow or one cubic foot per second,
whichever is less, unless:
  (a) The Water Resources Commission, the State Parks and
Recreation Department, the State Department of Fish and Wildlife,
the Department of Environmental Quality and the Department of
State Lands unanimously agree to exceed that amount; and
  (b) Exceeding that amount will not significantly impair the
free-flowing character of these waters in quantities necessary
for recreation, fish and wildlife.
  (9)(a) The provisions of this section do not apply to a water
right application for the use of ground water as defined in ORS
537.515, except upon a finding by the Water Resources Director
based on a preponderance of evidence that the use of ground water
will measurably reduce the surface water flows necessary to

maintain the free-flowing character of a scenic waterway in
quantities necessary for recreation, fish and wildlife.
  (b) The Water Resources Department shall review every
application for the use of ground water to determine whether to
make the finding specified in paragraph (a) of this subsection.
The finding shall be based upon the application of generally
accepted hydrogeologic methods using relevant and available field
information concerning the proposed use.
  (c) In making the determination required by paragraph (a) of
this subsection, the Water Resources Department shall consider
the timing of projected impacts of the proposed use in relation
to other factors, including but not limited to: Changing climate,
recharge, incidental precipitation, out-of-stream appropriations
and return flows.
  (d) If the Water Resources Director makes the finding specified
in paragraph (a) of this subsection, the Water Resources Director
shall issue an order denying the application unless:
  (A) Mitigation is provided in accordance with subsection (10)
of this section; or
  (B) The applicant submits evidence to overcome the finding
under paragraph (a) of this subsection.
  (e) Except as provided under subsection (13) of this section,
if the Water Resources Director does not make the finding
specified in paragraph (a) of this subsection, the Water
Resources Director shall issue an order approving the application
if the application otherwise meets the requirements of ORS
537.505 to 537.795.
  (f) A protest of any order issued under this subsection may be
filed in the same manner as a protest on any application for a
right to appropriate ground water.
  (g) Each water right permit and certificate for appropriation
of ground water issued after July 19, 1995, for which a source of
appropriation is within or above a scenic waterway shall be
conditioned to allow the regulation of the use if analysis of
data available after the permit or certificate is issued
discloses that the appropriation will measurably reduce the
surface water flows necessary to maintain the free-flowing
character of a scenic waterway in quantities necessary for
recreation, fish and wildlife in effect as of the priority date
of the right or as those quantities may be subsequently reduced.
  (h) This subsection does not limit the use of ground water for
a use exempted under ORS 537.545.
  (10) The Water Resources Commission or Water Resources Director
shall consider mitigation measures and may include mitigation
measures as conditions in any water right permit or certificate
to ensure the maintenance of the free-flowing character of the
scenic waterway in quantities necessary for recreation, fish and
wildlife.
  (11) The Water Resources Commission and the Water Resources
Director shall carry out their responsibilities under ORS 536.220
to 536.590 with respect to the waters within scenic waterways in
conformity with the provisions of this section.
  (12) As used in this section, 'measurably reduce' means that
the use authorized under subsection (9) of this section will
individually or cumulatively reduce surface water flows within
the scenic waterway in excess of a combined cumulative total of
one percent of the average daily flow or one cubic foot per
second, whichever is less, unless:
  (a) The Water Resources Department, the State Parks and
Recreation Department, the State Department of Fish and Wildlife,
the Department of Environmental Quality and the Department of
State Lands unanimously agree to exceed that amount; and
  (b) Exceeding that amount will not significantly impair the
free-flowing character of these waters in quantities necessary
for recreation, fish and wildlife.

  (13) Before authorizing an appropriation that will reduce
streamflows within a scenic waterway in amounts up to but not
exceeding the amounts described in subsection (12) of this
section, the Water Resources Director shall find:
  (a) That the appropriation will not significantly impair the
free-flowing character of these waters in quantities necessary
for recreation, fish and wildlife.
  (b) That the appropriation is consistent with provisions
pertaining to water appropriations and water rights under ORS
chapters 536 and 537 and the rules adopted thereunder.
  (c) That construction, operation and maintenance of the
appropriation will be carried out in a manner consistent with the
purposes set forth in ORS 390.805 to 390.925.
  (14) Placer mining is not permitted on waters within scenic
waterways, other than recreational placer mining.
  (15) A person may not be required to obtain a permit for
recreational prospecting or other nonmotorized recreational
activity resulting in the fill, removal or other alteration of
less than one cubic yard of material at any one individual site
and, cumulatively, not more than five cubic yards of material
from within the bed or wet perimeter of any single scenic
waterway in a single year. Recreational prospecting shall not
occur at any site where fish eggs are present.
  (16) This section does not exempt recreational placer mining on
a scenic waterway, other than recreational prospecting not
requiring a permit, from compliance with the provisions of ORS
196.800 to 196.825 and 196.845 to 196.870 or rules adopted
pursuant to ORS 196.800 to 196.825 and 196.845 to 196.870.
  (17) Recreational placer mining may not:
  (a) Dam or divert a waterway or obstruct fish passage;
  (b) Include nozzling, sluicing or digging outside the wet
perimeter of the stream, nor extend the wet perimeter;
  (c) Include movement of boulders, logs, stumps or other woody
material from the wet perimeter other than movement by hand and
nonmotorized equipment;
  (d) Involve the disturbance of rooted or embedded woody plants,
including trees and shrubs, regardless of their location;
  (e) Include excavation from the streambank;
  (f) Fail to level pits, piles, furrows or potholes outside the
main channel of the waterway upon leaving the site;
    { - (g) Include operation of a suction dredge without a
suction dredge waste discharge permit from the Department of
Environmental Quality including, but not limited to, a
prohibition against dredging during periods when fish eggs could
be in the dredging site gravel; - }
    { - (h) - }   { + (g) + } Be conducted on federal lands
except as allowed by agencies of the federal government; { +
or + }
    { - (i) - }   { + (h) + } Impede boating { + . + }  { - ; - }

    { - (j) Include operation of a dredge between the hours of 6
p.m. and 8 a.m. within 500 feet of a residence or within 500 feet
of a campground except within a federally designated recreational
mining site; or - }
    { - (k) Include operation of a dredge within the marked or
posted swimming area of a designated campground or day use area
except within a federally designated recreational mining
site. - }
  (18) As used in this section:
  (a) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar.
  (b) 'Prospecting' means to search or explore for samples of
gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.

  (c) { + (A) + } 'Recreational placer mining'   { - includes,
but is not limited to, the use of - }  { +  means mining
using + } nonmotorized equipment
  { - and motorized surface dredges having an intake nozzle with
an inside diameter not exceeding four inches, a motor no larger
than 16 horsepower and a muffler meeting or exceeding
factory-installed noise reduction standards - } .
   { +  (B) + } 'Recreational placer mining' does not
 { - include - }   { + mean + } recreational prospecting that
does not require a permit.
  (d) 'Wet perimeter' means the area of the stream that is
underwater, or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs.
  SECTION 3.  { + Sections 3 and 4, chapter 499, Oregon Laws
2001, are repealed. + }
  SECTION 4. { +  (1) In order to achieve compliance with ORS
390.855 related to scenic waterways, the State Parks and
Recreation Department shall undertake a study of the following
waterways for consideration under the provisions of ORS 390.805
to 390.925 as scenic waterways:
  (a) The McKenzie River from Paradise Campground downstream to
its confluence with Cone Creek.
  (b) The Illinois River from the boundary of the Rogue
River-Siskiyou National Forest in section 29, township 38 south,
range 8 west, downstream to its confluence with Deer Creek.
  (c) The East Fork Illinois River from the Oregon border with
California downstream to its confluence with the Illinois River.
  (d) The West Fork Illinois River from the Oregon border with
California downstream to its confluence with Rough and Ready
Creek.
  (e) The Rogue River from its confluence with Bear Creek
downstream to the confluence of Bear Creek with Applegate River.
  (f) The Grande Ronde River from its headwaters to the boundary
of Wallowa-Whitman National Forest in section 15, township 4
south, range 35 east.
  (g) The Middle Fork Willamette River from Timpanogas Lake
downstream to Hills Creek Lake.
  (h) The Brice Creek Scenic Waterway, which includes Brice Creek
from its headwaters to Row River.
  (i) The South Umpqua Scenic Waterway, which includes the South
Umpqua River from Castle Rock Fork downstream to the Highway 42
bridge.
  (j) The Sucker Scenic Waterway, which includes Sucker Creek
from its headwaters to its confluence with the East Fork Illinois
River.
  (k) The Yachats Scenic Waterway, which includes the Yachats
River from its headwaters to the Pacific Ocean.
  (L) The Applegate Scenic Waterway, which includes the Applegate
River from immediately below Applegate Lake to the confluence of
the Applegate River with Forest Creek.
  (m) The Briggs Creek Scenic Waterway, which includes Briggs
Creek from its headwaters to its confluence with the Illinois
River.
  (n) The Cedar Creek Scenic Waterway, which includes Cedar Creek
from its headwaters to its confluence with the Little North Fork
Santiam River.
  (o) The Chetco Scenic Waterway, which includes the segment of
the Chetco River from the Kalmiopsis Wilderness boundary in
section 5, township 38 south, range 11 west, downstream to the
United States Forest Service boundary below Wilson Creek.
  (p) The Cow Creek Scenic Waterway, which includes Cow Creek
from Tunnel Creek downstream to the confluence of Cow Creek with
the South Umpqua River.
  (q) The Eagle Creek Scenic Waterway, which includes Eagle Creek
from its headwaters in the Eagle Cap Wilderness downstream to the
United States Forest Service boundary in section 7, township 8
south, range 45 east.
  (r) The Elk Creek Scenic Waterway, which includes Elk Creek
from its headwaters to its confluence with the South Umpqua
River.
  (s) The Grave Creek Scenic Waterway, which includes Grave Creek
from its headwaters downstream to its confluence with the Rogue
River.
  (t) The Silver Creek Scenic Waterway, which includes:
  (A) Silver Creek from its headwaters to its confluence with the
Illinois River;
  (B) The North Fork Silver Creek from its headwaters to its
confluence with Silver Creek; and
  (C) The South Fork Silver Creek from its headwaters to its
confluence with Silver Creek.
  (u) The Josephine Creek Scenic Waterway, which includes
Josephine Creek from its headwaters to its confluence with the
Illinois River.
  (v) The Little Applegate Scenic Waterway, which includes the
Little Applegate River from its headwaters to its confluence with
the Applegate River.
  (w) The Molalla River Scenic Waterway, which includes the
Molalla River from the Bureau of Land Management boundary in
section 19, township 7 south, range 4 east, downstream to the
Bureau of Land Management boundary in section 7, township 6
south, range 3 east.
  (x) The Quartzville Scenic Waterway, which includes Quartzville
Creek from its headwaters to Green Peter Lake.
  (y) The Rough and Ready Scenic Waterway, which includes:
  (A) The Rough and Ready Creek from the confluence at the north
and south forks of the Rough and Ready Creek downstream to its
confluence with the West Fork Illinois River;
  (B) The North Fork Rough and Ready Creek from its headwaters to
its confluence with the South Fork Rough and Ready Creek; and
  (C) The South Fork Rough and Ready Creek from its headwaters
downstream to its confluence with the North Fork Rough and Ready
Creek.
  (z) The Sandy Scenic Waterway, which includes the Sandy River
from the Mount Hood Wilderness boundary downstream to its
confluence with the Bull Run River.
  (aa) The South Fork Alsea Scenic Waterway, which includes the
South Fork Alsea River from its headwaters to its confluence with
the North Fork Alsea River.
  (2) The State Parks and Recreation Department shall report the
results of the study to the Governor and the interim committees
of the Legislative Assembly related to environment and natural
resources on or before January 1, 2015. The department shall make
recommendations about whether the waterways specified in
subsection (1) of this section should be designated as scenic
waterways and shall provide justifications for the
recommendations. The department may make recommendations
regarding waterways other than those specified in subsection (1)
of this section. + }
  SECTION 5.  { + Section 4 of this 2013 Act is repealed on
January 2, 2015. + }
  SECTION 6.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------