Oregon Supreme Court cases have long recognized what is called the floatage easement-- the right of the public to float waterways even where the bed is privately owned, and to make reasonable, incidental use of the bed and banks.

 

The court has defined "reasonable, incidental use" on a case-by-case basis, but never in the context of modern recreational use.

 

However, it is clear that river users have no right to trespass on privately-owned uplands.

 

 

Compiled by D. J. Morrison, Electronic Services Librarian,
Oregon Supreme Court Library