State-Owned “Navigable” Waterways 
- Land covered with water is called "submerged," or "submersible land."
- "Navigable for Public Use" means a waterway that is long, wide, and deep enough for a boat to move through.
The rules for public use of the submerged and submersible land underlying state-owned waterways are simple.
You have the right to recreate on state-owned ("navigable") waterways, including submerged and submersible lands. Recreational uses allowed include navigation, fishing, and commerce. The official document referencing the public's rights is
The Public Trust Doctrine.
This doctrine does not permit trespassing on private land. Anyone crossing private land to access state-owned public land and waterways must have permission from the landowner, who is not obligated to grant this permission.
In April 2005, the
Oregon Attorney General issued an opinion addressing the public rights for navigable waterways and land where the question of ownership of the submerged and submersible lands had not been addressed.
When Accessing Oregon's Waterways from Private Land:
• Always get the landowner's permission to cross private land to get to the waterway
• Avoid conflicts with landowners
• If you see trash, pick it up and carry it out, but avoid trespassing to do so
• Obey laws and common rules of decency at all times
For a list of Oregon waterways that meet the federal test of state ownership of the underlying submerged and submersible land, visit the Department of State Lands,
Waterways and Wetlands page.