Chapter 252 Oregon Laws 1999

Session Law

AN ACT

HB 2536

Relating to Diamond Lake in Douglas County; creating new provisions; amending ORS 538.140 and 830.185; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 538.140 is amended to read:

538.140. In order to maintain, increase and perpetuate game fish and game fish propagation within Oregon, the waters or use of the waters of Diamond Lake and its tributaries situated in Douglas County shall not be diverted, interrupted or appropriated for any purpose whatsoever, except for domestic use on contiguous and surrounding land or other water uses necessary to maintain, increase and perpetuate game fish and game fish propagation in Diamond Lake and its tributaries.

SECTION 2. ORS 830.185 is amended to read:

830.185. (1) No person shall operate a boat with an outboard or inboard motor at a speed in excess of 10 miles per hour during those hours of the day and on those days of the year that it is lawful to fish, on East Lake, Paulina Lake and Elk Lake in Deschutes County; Magone Lake in Grant County; Timothy Lake in Clackamas County; and Davis Lake in Deschutes and Klamath Counties [and Diamond Lake in Douglas County].

(2) No person shall operate a boat with an outboard or inboard motor at a speed in excess of 10 miles per hour on the following named waters of this state located in the counties named:

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Counties Lakes and Reservoirs

Clackamas On that portion of the waters of the reservoir known as North Fork Reservoir which lies upstream from a line drawn across the reservoir at right angles to the thread of the stream at a point 2.3 miles upstream from the North Fork Dam measured along the thread of the stream

Deschutes Hosmer, Lava, Little Cultus, Little Lava, Sparks Lakes and Crane Prairie Reservoir

Jefferson On that portion of the waters behind Pelton Dam, known as Lake Simtustus, which lies upstream from a line drawn across the lake at right angles to the thread of the stream at a point .85 miles upstream from the Pelton Dam measured along the thread of the stream

Klamath That portion of Upper Klamath Lake that lies west of a line beginning at a point on the north shore of Pelican Bay one-quarter mile east of Crystal Creek and extending due south to the opposite shore of the lake; any stream, creek or canal that leads into the portion of Upper Klamath Lake described above including Crystal Creek, Recreation Creek and Four-Mile Creek, also known as Harriman Creek

Lane Waldo Lake

Linn Smith and Trailbridge Reservoirs

Wasco Clear Lake

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(3)(a) The State Marine Board shall establish an appropriate decibel rating and speed restriction on Diamond Lake in Douglas County to allow recreational boating that is not limited to fishing. Recreational boating does not include operating a jet ski or similar personal watercraft. The speed established by the board:

(A) May not exceed 45 miles per hour between the hours of 9 a.m. and 6 p.m.;

(B) May not exceed 10 miles per hour between the hours of 6 p.m. and 9 a.m.; and

(C) Shall be restricted to 10 miles per hour at all times in any area within 200 yards of any boat ramp, boat dock, swimming area, inlet or outlet of the lake, designated campground or summer home.

(b) The board shall reduce the speed restriction on Diamond Lake to 10 miles per hour at all hours when the State Fish and Wildlife Director determines that the health of Diamond Lake is restored and the lake can be restocked for fishing.

SECTION 3. The State Marine Board shall implement the decibel ratings and speed limit restrictions under ORS 830.185 (3)(a) as follows:

(1) On May 1, 2000, if the Seventieth Legislative Assembly enacts, on or before June 15, 1999, the State Department of Fish and Wildlife budget and includes in that budget funds for the purchase of rotenone to treat Diamond Lake and for the State Department of Fish and Wildlife to plant fish of legal size for catching on a staggered timetable during the fishing season in an amount equal to the amount of funds the State Department of Fish and Wildlife intends to expend for planting fish in Diamond Lake in 1999; or

(2) On June 15, 1999, if the Seventieth Legislative Assembly has not enacted, on or before June 15, 1999, the State Department of Fish and Wildlife budget and included in the budget funds for the purchase of rotenone to treat Diamond Lake and for the State Department of Fish and Wildlife to plant fish of legal size for catching on a staggered timetable during the fishing season in an amount equal to the amount of funds the State Department of Fish and Wildlife intends to expend for planting fish in Diamond Lake in 1999.

SECTION 4. Section 3 of this 1999 Act is repealed on December 31, 2000.

SECTION 5. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect June 1, 1999.

Approved by the Governor June 12, 1999

Filed in the office of Secretary of State June 14, 1999

Effective date June 12, 1999

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