1. (1) Unless otherwise specifically exempted by OAR 141-014-0320, all material removed or used is subject to payment of compensation to the Department.

2. (2) Compensation will be paid and is owed to the Department if the material is:

   1. (a) Removed by any person directly from state-owned submerged and submersible land and subsequently:

      1. (A) Bought by that person;
      2. (B) Sold by that person; or
      3. (C) Exchanged by that person in any manner for goods or services which otherwise would have to be acquired from other sources;
   2. (b) Sold, used or exchanged as an article of commerce by any person; or
   3. (c) Removed without notifying or applying, or both notifying and applying to the Department in writing within the required time period stipulated in OAR 141-014-0320(2)(b).
3. (3) Compensation will be paid to the Department for the removal or use of material that loses its exemption for the reasons given in OAR 141-014-0320(6).

Statutory/Other Authority

ORS 273.551, 274.525, 274.530, 274.550 & 274.560

Statutes/Other Implemented

ORS 274 .525 & 274 .550

History

DSL 2-2008, f. & cert. ef. 10-15-08