(2) The board shall not in any manner assert title to submerged or submersible lands in any waterway in this state unless either:
(a) A court having jurisdiction to determine title to real property in Oregon has determined that the waterway or part of the waterway is navigable and that determination is final; or
(b) The board has made a declaration under ORS 274.406 that contemplates the assertion of such title. [1995 c.471 §3]
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