OAG 40-44.

• Case Date: August 22, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-44. 54OPINION NO. 40-44[20 Or. Op. Atty. Gen. 54]Ownership by state of Oregon, through fish commission and game commission, of land on both banks of Coos river, does not in and of itself bar use of water for other public purposes.Whether or not a boom company should be permitted to acquire lands, title to which is vested in the state, is a matter of public policy to be determined by the legislature.State may protect its right by objecting to granting of permit by public utilities commissioner to construct splash dams for booming purposes.August 22, 1940.Oregon State Game Commission.Gentlemen: Under date of August 13, 1940, you state that the Coos River Boom Company, owning and controlling logs on the upper South Coos river, a number of years ago applied and secured a permit from the public utilities commissioner to splash dam the river down-stream to within four miles of tidewater, and has now made further application for permission to construct splash dams clear down to tidewater; that your department owns a hatchery site on the South Coos river approximately two miles above tidewater, and although you are not operating a hatchery there, you do contemplate utilizing the property for hatchery purposes in the future; and that you have also acquired land immediately opposite this hatchery site on the other bank of the river and, therefore, own in the name of the State both banks of the South Coos river in this area. You request to be advised if it would be possible for you, in owning both banks of the river, to block the construction of splash dams in this area, and state that the state fish commission has property right below yours and are actively operating a hatchery, and also own property across the river from their hatchery, and that they also are opposed to the construction of any splash dams in the area. You further state that you are very anxious to block further splash dams, and that you are satisfied that the ones now on the upper river will interfere materially with fish life and are inclined to believe that the stream will be ruined as far as fisheries are concerned if further splash dams are permitted. Section 61-501, Oregon Code 1930, as amended by section 1 of chapter 328, Oregon Laws, 1937, vests the public utilities commissioner of Oregon with power and...