A subtle revision has neutralized a key source of opposition to a bill that intends to make it easier for Oregon’s government to claim ownership of waterways.

The proposal’s original language didn’t sufficiently safeguard the interests of landowners, which has been corrected in a revised version recently passed by the Senate, according to the Oregon Farm Bureau.

“The new language defaults to protecting the private property owner instead of accelerating the process in favor of the state,” said Ryan Krabill, the Farm Bureau’s government affairs manager.

The organization was initially concerned about adverse implications for private property rights but has now dropped its opposition to the bill, which is under review by the House Agriculture Committee.

“The amendments in the Senate really set the stage for us to work with property owners on agreements, essentially,” said Chris Castelli, deputy director of DSL’s land management division.

Under Senate Bill 74, Oregon’s Department of State Lands could bypass the traditional requirement to study a river’s changing course over time before determining state ownership.

However, the traditional requirement would still be an option for landowners who prefer the agency to use it.

“It’s not our intent to make someone do it one way or the other. It’s our intent, though, to solve it,” said Vicki Walker, DSL’s director, during a recent legislative hearing.

The question of state ownership is important because it allows the public to swim, fish and otherwise enjoy waterways up to their high water mark.

To declare that a waterway is owned by the state government, DSL must demonstrate it was navigable when Oregon achieved statehood in 1859, then research how the channel has shifted since then.

If a river is altered by the gradual process of erosion, known as “accretion,” property boundaries change along with its course.

However, if the change occurs due to “avulsion,” such as floodwaters suddenly modifying the channel’s course, then the property boundaries stay the same.

Relying on historical maps and aerial photos to document these shifts over 166 years is expensive and time-consuming, so DSL has proposed an alternate process under SB 74.

After confirming the waterway was navigable at statehood, the agency could simply declare that Oregon’s ownership aligns with the river’s current contours — unless landowners object to this option, in which case, DSL would perform the traditional study of the waterway’s changes.

“In technical terms, we would be treating all movements of the river as accretion,” Castelli said.

The bill would also allow the agency to swap property with landowners to “prioritize the goal of state ownership of the current waterway,” even if the government must trade a parcel that’s worth more than the one it’s acquiring.

“The bill specifically seeks to ensure the state can exchange more valuable land for less valuable land if doing so results in public ownership of the river,” Castelli said.

The Oregon Farm Bureau originally feared that SB 74 didn’t provide landowners with adequate notice and opportunity to choose the traditional option, allowing DSL to plunge ahead with the new process, said Krabill, its government affairs manager.

Provisions added to the updated version of the bill will ensure that landowners must actively agree to the expedited process, however, he said.

The proposal would also allow negotiations with landowners to take place earlier in the process, which will “hopefully avoid legal challenges” to agency decisions, according to DSL.

“We hope this not only saves money for the agency but saves money for the landowner,” Walker said.