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Oregon Revised Statutes

Or. Rev. Stat. § 830.365 (2026)

Waterskiing, surfboarding and similar activities

✓ current as of May 2026
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      830.365 Waterskiing, surfboarding and similar activities. (1) No person shall ride or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger any person or property.

      (2) No person shall operate a boat for the purpose of towing a person on water skis, surfboard or similar device, and no person shall engage in waterskiing, surfboarding or similar activity at any time after sunset and before sunrise. This subsection does not apply to a person while engaged in a professional exhibition or to a person engaged in an activity authorized under ORS 830.375.

      (3) No person shall operate or manipulate any boat, tow rope or other device by which the direction or location of a person on water skis, surfboard or similar device may be affected or controlled in a reckless or negligent manner so as to cause the person on water skis, surfboard or similar device to collide with or strike against any person or object.

      (4) No person shall ride or manipulate any water skis, surfboard or similar device while under the influence of an intoxicating liquor, cannabis, psilocybin, or a controlled substance.

      (5) No person shall operate a boat on any waters of this state, towing a person on water skis, aqua-plane, surfboard, saucer, or similar device, unless there is in the boat another person, in addition to the operator, who is in a position to continuously observe the person being towed.

      (6) Notwithstanding subsection (5) of this section, persons operating a boat to tow a water-skier in an authorized competitive marine event, or engaged in practicing for a competitive water ski event on a water ski course authorized by the State Marine Board, may use either a curved, rearview mirror or another person, in addition to the operator, to continuously observe the person being towed.

      (7) No person shall operate any boat used for towing water skis, surfboards or similar devices on the waters of this state unless the boat is equipped with and displays a warning flag as follows:

      (a) The warning flag, also known as the “skier down” flag, shall be international orange or red in color and shall be at least 12 inches in height and 12 inches in width.

      (b) When any person being towed by the boat becomes disengaged from the towline and is down in the water, a person in the boat shall immediately display the warning flag aloft, visible from all sides, as an indicator to other boats in the area that a person is down in the water. As long as the downed person is in the water, the flag shall remain displayed to prevent danger to that person and hazards to passing boats.

      (c) The warning flag described in this section shall be displayed only under the conditions set forth in paragraph (b) of this subsection or when other imminent danger exists. [Formerly 488.144; 1993 c.589 §1; 2017 c.21 §92; 2021 c.253 §17]

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2021 · leading case: State v. Heaston, 482 P.3d 167 (Or. Ct. App. 2021).
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State v. Heaston, 482 P.3d 167 (Or. Ct. App. 2021). “Heaston subdivisions shall not adopt or enforce any local law or reg- ulation that makes “[u]sing or being under the influence of cannabis or controlled substances” an “offense, a violation or the subject of criminal or civil penalties or sanctions of any kind” (emphasis…”
State v. Lambert, 206 P.3d 1065 (Or. Ct. App. 2009). “The trial court did not err in concluding that defendant operated his raft. Affirmed. 1 If the legislature had wanted to expand the scope of the specific list of things that are not boats, it could have used text similar to ORS 830.”
— Or. Rev. Stat. § 830.365(1) — 1 case
State v. Lambert, 206 P.3d 1065 (Or. Ct. App. 2009). “The trial court did not err in concluding that defendant operated his raft. Affirmed. 1 If the legislature had wanted to expand the scope of the specific list of things that are not boats, it could have used text similar to ORS 830.”
— Or. Rev. Stat. § 830.365(4) — 1 case
State v. Heaston, 482 P.3d 167 (Or. Ct. App. 2021). “Heaston subdivisions shall not adopt or enforce any local law or reg- ulation that makes “[u]sing or being under the influence of cannabis or controlled substances” an “offense, a violation or the subject of criminal or civil penalties or sanctions of any kind” (emphasis…”
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