OAG 40-24.

• Case Date: August 03, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-24. 29OPINION NO. 40-24[20 Or. Op. Atty. Gen. 29]The grants of easements in the deeds to the state game commission authorizing it to construct a portion of a submerged dike or dam and to enter upon the lands described therein for such purpose, create appurtenant easements and authorize the construction of and extension of said dike or dam by the commission and the federal government. Such easements cannot be assigned or transferred separately from the land to which they apply, to be exercised by the federal government acting alone.August 3, 1940.Oregon State Game Commission.Gentlemen: With your letter of July 2, 1940 you enclose copies of four deeds granting rights of way to the Oregon state game commission to be used for building a diversion dam across the Sandy river for the purpose of diverting water through the old channel of what is known as the Little Sandy river. You request my opinion on the following questions, as stated in your letter:

"The federal government has recently passed a bill appropriating $30,000 for additional improvements on the dam and for helping the diversion of the water. Before proceeding with any work, the federal government wants to know whether or not the present easements will permit the construction of the structures to be attached to the shore line and running out into the stream for the purpose of diverting the water or holding it in the main channel so that it would wash deeper rather than spread out and wash away the banks. We would like to have your opinion as to whether or not the present easements are adequate for this purpose, or whether we should secure additional ones.

Also, we would like to have your opinion as to whether or not the game commission has a legal right to transfer the easements mentioned to the federal government should it become necessary or advisable in order to secure the additional work."

30The deeds enclosed with your letter all provide that the grantees named therein

"* * * grant, bargain, sell and convey unto the game commission of

30 the state of Oregon a right of way through, over, across and upon the land hereinafter described with the right to enter thereupon to construct a portion of a submerged dike or dam one end of which shall be tied to the property hereinafter described, and which dam shall extend...