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SOLOMON v. STATE LAND BOARD

548 P.2d 1335 (1976)

Forrest SOLOMON, Petitioner, v. State of Oregon, Acting through Its Oregon STATE LAND BOARD, Division of State Lands, Respondent.

Court of Appeals of Oregon.

Decided April 26, 1976.

Attorney(s) appearing for the Case

Jack B. Lively, Springfield, argued the cause for petitioner. With him on the brief were Sanders, Lively & Wiswall, Springfield.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

SCHWAB, Chief Judge.

Petitioner owns riverfront property along each side of a segment of the John Day River which has been designated a scenic waterway by ORS 390.825(6). To facilitate agricultural operations on his property, petitioner wishes to span the river with a bridge. He applied to the Division of State Lands, pursuant to ORS 541.615, for a permit to remove rock from the riverbed so that footings can be positioned and approaches can be constructed.

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