Oregon Revised Statutes

Or. Rev. Stat. § 274.530 (2026)

Lease or license of stream beds for removal of material; rules for measurement of volume removed

✓ current as of May 2026

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274.530 Lease or license of stream beds for removal of material; rules for measurement of volume removed. (1) The Department of State Lands may, after notice of competitive bidding, and following such competitive bidding, lease or license submersible and submerged lands of navigable streams owned by the State of Oregon for the purpose of removing material therefrom. Competitive bid requirements may be waived for leases of less than one year’s duration. No lease shall be made for a lump sum but only on a basis of the price per cubic yard or ton for the material removed.

(2) The department may prescribe by rule the manner in which the volume in cubic yards or the weight in tons for the material removed shall be determined.

(3) Notwithstanding subsections (1) and (2) of this section, the department may enter into a license for the removal of material from submersible and submerged lands of navigable streams owned by the State of Oregon based on a competitive market rate that reflects fair market value.

(4) The department shall, prior to any competitive bidding notice, establish prebid qualifications that include but are not limited to the following:

(a) The minimum yardage amount of material that must be removed for each year for which the lease is valid.

(b) Evidence that all bidders have an established market, as provided by each bidder. [Amended by 1961 c.509 §2; 1961 c.676 §3; 1967 c.421 §144; 1967 c.567 §§15, 15a; 1971 c.509 §1; 1995 c.113 §1]

274.540 [Amended by 1953 c.181 §2; 1961 c.509 §3; 1961 c.676 §4; 1967 c.421 §45; renumbered 273.225]

Notes of Decisions

Cited in 5 cases, 1962–1977 · leading case: Corvallis Sand & Gravel Co. v. State Land Bd., 439 P.2d 575 (Or. 1968).

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Corvallis Sand & Gravel Co. v. State Land Bd., 439 P.2d 575 (Or. 1968). · cites it 3× “This statute, with amendments not now material, is still in effect: ORS 274.530. It was enacted, as we said in Salem Sand & Gravel Co.”

Brusco Towboat Co. v. State Ex Rel. State Land Bd., 567 P.2d 1037 (Or. Ct. App. 1977). · cites it 2× “530 for leases of submersible lands of less than one year’s duration and in subsections (2) and (3) of this section, submersible lands owned by the State of Oregon may be leased only to the highest bidder, bidding at least the minimum amount designated by the division under…”

State Ex Rel. State Land Bd. v. Corvallis Sand & Gravel Co., 526 P.2d 469 (Or. Ct. App. 1974). “Under the statute, “rent” would be the same as “royalties” and these would be determined on the basis of the total amount of materia] removed from the river.”

State Land Bd. v. Port of Portland, 376 P.2d 661 (Or. 1962). · cites it 4× “enumerated in subsection (L) of this section, any person may take such gravel, rock, sand, silt or other material for his own exclusive use to the extent of not more than 50 cubic yards in any one year; however, prior to such taking, the person contemplating such taking shall…”

State Land Bd. v. Gen. Constr. Co., 465 P.2d 731 (Or. Ct. App. 1970). “300 and located not more than two miles from the bank of the stream. However, prior to removal, such person, organization or agency contemplating removal shall first notify the division [Division of State Lands], and the division shall in turn notify the state agencies mentioned…”

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