American Whitewater has long been an advocate for protecting the public’s right to navigate Oregon’s rivers. In Oregon, the Department of State Lands oversees the process for determining whether a river is navigable—and therefore publicly owned along its bed and banks. This process is complex, time-consuming, and expensive.
Under Oregon law, a river is considered navigable for title if, at the time Oregon became a state in 1859, it was used—or could have been used in its natural condition—to transport people and goods. When a river meets this federal test, the State of Oregon owns the bed and banks and holds them in trust for public use. Determining title navigability typically requires extensive historical research, as has been done for rivers such as the Chetco, Columbia, Coos, Coquille, John Day, Klamath, North Umpqua, Rogue, Sandy, Umpqua, and Willamette.
In 2005, the Oregon Attorney General issued an opinion that clarified the public’s right to use rivers regardless of ownership of the riverbed. The opinion affirmed that:
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The state holds title to waterways that were navigable for commerce at statehood and must preserve them for public use, including navigation, commerce, recreation, and fisheries.
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Even when the bed of a river is privately owned, the public may use the waterway for navigation, fishing, and recreation if it meets the state test of being navigable for public use—that is, if boats can make successful progress through its waters. This right includes the use of small boats for pleasure, as well as limited use of adjacent land when necessary for lawful recreation or navigation.
In practical terms, this means that even if a river is not considered navigable for title and remains under private ownership, paddlers and anglers may still legally float it if it can be navigated in its natural condition.
The Attorney General’s opinion helped resolve long-standing confusion about public use rights, but new efforts to limit access continue to arise through legislative proposals and private legal challenges. When these challenges occur, American Whitewater works with partners in the fishing and conservation communities to defend the public’s right to float.
In 2020, for example, American Whitewater joined the State of Oregon and fishing groups in responding to a lawsuit that sought to restrict floating and fishing on Three Rivers, a tributary of the Nestucca River. Although the case was ultimately dismissed without prejudice in 2021, our extensive research, preparation, and intervention helped prevent a potentially harmful precedent that could have undermined the public use doctrine in Oregon. The outcome reinforced the strength of existing legal protections and demonstrated how collaboration between paddling and fishing communities can effectively safeguard public access.
Our continued right to enjoy Oregon’s rivers depends on maintaining good relations with riparian landowners and demonstrating our shared commitment to stewardship. A single negative encounter between a boater and a landowner could be used to justify new restrictions on public access. Boaters can help by showing respect for private property and by joining stewardship projects that improve river health and reduce resource degradation.
American Whitewater is here to help. If you experience a negative interaction with a landowner, please let us know so we can document the incident. And if you’re organizing a river stewardship event, we can help promote it and build participation within the paddling community.