reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.140 - Public auction procedure.

RCW 79.13.140
Public auction procedure.
(1) All leasing by public auction shall be by oral or by sealed bid. Leases will be awarded to the highest bidder on the terms prescribed by law and as specified in the notice of leasing described in RCW 79.13.120. No lease may be awarded for less than the appraised value.
(2) The public auction must be conducted under the direction of the department or by the auditor for the county in which the land to be leased is located. The person conducting the auction is called the auctioneer.
(3) The person to whom a lease of state lands is awarded shall pay the rental in accordance with that person's bid to the auctioneer in cash or by certified check or accepted draft on any bank in this state.
(4) The auctioneer shall send to the department such cash, certified check, draft, or money order received from the successful bidder, together with any additional report of the auction proceeding as may be required by the department.
(5) The department may reject any and all bids when the interests of the state justify it. If the department rejects a bid, it must refund any rental and bid deposit to the bidder upon return of the receipts issued.
(6) If the department approves any leasing made by the auctioneer, it must proceed to issue a lease to the successful bidder upon a form approved by the attorney general.
(a) All leases must be in duplicate and both copies signed by the lessee and the department.
(b) One signed copy must be forwarded to the lessee and one signed copy must be kept in the office of the department.
[ 2003 c 334 § 373.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.150 - Lease/rent of acquired lands.

RCW 79.13.150
Lease/rent of acquired lands.
(1) Except as provided in RCW 79.10.030(2), the department shall manage and control all lands acquired by the state through escheat, deed of sale, gift, devise, or under RCW 79.19.010 through 79.19.110, except lands that are conveyed or devised to the state for a particular purpose.
(2) The department shall lease the lands in the same manner as school lands.
(3) The department may employ agents to rent any escheated, deeded, or devised lands, or lands acquired under RCW 79.19.010 through 79.19.110 for such rental, time, and manner as the department directs.
(a) The agent shall not rent the property for a period longer than one year.
(b) No tenant is entitled to compensation for any improvement that he or she makes on the property.
(c) The agent shall cause repairs to be made to the property as the department directs.
(d) Rental shall be transmitted monthly to the department. The agent shall deduct the cost of any repairs made under (c) of this subsection, together with such compensation and commission as the department authorizes from the rental.
(4) Proceeds of any lease or rental shall be deposited into the appropriate fund in the state treasury. If the grantor in any deed or the testator in case of a devise specifies that the proceeds be devoted to a particular purpose, such proceeds shall be so applied.
[ 2003 c 334 § 400.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.160 - Appraisement of improvement before lease.

RCW 79.13.160
Appraisement of improvement before lease.
Before any state lands are offered for lease, or are assigned, the department may establish the fair market value of those authorized improvements not owned by the state. In the event that agreement cannot be reached between the state and the lessee on the fair market value, such valuation shall be submitted to a review board of appraisers. The board is comprised of the following members: One member to be selected by the lessee and that person's expenses shall be borne by the lessee; one member selected by the state and that person's expenses shall be borne by the state; these members so selected shall mutually select a third member and that person's expenses shall be shared equally by the lessee and the state. The majority decision of this appraisal review board shall be binding on both parties. For this purpose, "fair market value" is defined as: The highest price in terms of money that a property will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller, each prudently knowledgeable and assuming the price is not affected by undue stimulus. All damages and wastes committed upon such lands and other obligations due from the lessee shall be deducted from the appraised value of the improvements. However, the department on behalf of the respective trust may purchase at fair market value those improvements if it appears to be in the best interest of the state from the resource management cost account created in RCW 79.64.020.
[ 2003 c 334 § 337.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.170 - Water right for irrigation as improvement.

RCW 79.13.170
Water right for irrigation as improvement.
At any time during the existence of any lease of state lands, except lands leased for the purpose of mining of valuable minerals, or coal, or extraction of petroleum or gas, the lessee with the consent of the department, first obtained, by written application, showing the cost and benefits to be derived thereby, may purchase or acquire a water right appurtenant to and in order to irrigate the land leased. If such water right shall become a valuable and permanent improvement to the lands, then, in case of the sale or lease of such lands to other parties, the lessee acquiring such water right shall be entitled to receive the value thereof as in case of other improvements which have been placed upon the land by the lessee.
[ 2003 c 334 § 376; 1959 c 257 § 32; 1927 c 255 § 71; RRS § 7797-71. Prior: 1903 c 79 § 7; 1897 c 89 § 31; 1895 c 178 § 41. Formerly RCW 79.01.284, 79.12.530.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.180 - Record of leases.

RCW 79.13.180
Record of leases.
The department shall keep a full and complete record of all leases issued under the provisions of the preceding sections and the payments made thereon.
[ 2003 c 334 § 374; 1979 ex.s. c 109 § 16; 1933 c 139 § 1; 1927 c 255 § 67; RRS § 7797-67. Prior: 1915 c 147 § 6; 1909 c 223 § 5; 1897 c 89 § 25. Formerly RCW 79.01.268, 79.12.490.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.320 - Share crop leases authorized.

RCW 79.13.320
Share crop leases authorized.
The department may lease state lands on a share crop basis. Upon receipt of a written application to lease state lands, the department shall make such investigations as it deems necessary. If the department finds that such a lease would be advantageous to the state, it may proceed with the leasing of such lands on such terms and conditions as other state lands are leased.
[ 2003 c 334 § 466; 1979 ex.s. c 109 § 20; 1961 c 73 § 10; 1949 c 203 § 1; Rem. Supp. 1949 § 7895-1. Formerly RCW 79.12.570.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.330 - Harvest, storage of crop—Notice—Warehouse receipt.

RCW 79.13.330
Harvest, storage of crop—Notice—Warehouse receipt.
When crops that are covered by a share crop lease are harvested, the lessee shall give written notice to the department that the crop is being harvested, and shall also give to the department the name and address of the warehouse or elevator to which such crops are sold or in which such crops will be stored. The lessee shall also serve on the owner of such warehouse or elevator a written copy of so much of the lease as shall show the percentage of division of the proceeds of such crop as between lessee and lessor. The owner of such warehouse or elevator shall make out a warehouse receipt, which receipt may be negotiable or nonnegotiable as directed by the state, showing the percentage of crops belonging to the state, and the respective gross and net amounts, grade, and location thereof, and shall deliver to the department the receipt for the state's percentage of such crops within ten days after the owner has received such instructions.
[ 2003 c 334 § 467; 2000 c 18 § 1; 1949 c 203 § 4; Rem. Supp. 1949 § 7895-4. Formerly RCW 79.12.600.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.340 - Sale, storage, or other disposition of crops.

RCW 79.13.340
Sale, storage, or other disposition of crops.
The department shall sell the crops covered by the warehouse receipt required in RCW 79.13.330 and may comply with the provisions of any federal act or the regulation of any federal agency with relation to the storage or disposition of the crop.
[ 2003 c 334 § 468; 1977 c 20 § 1; 1949 c 203 § 5; Rem. Supp. 1949 § 7895-5. Formerly RCW 79.12.610.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.350 - Insurance of crop—Division of cost.

RCW 79.13.350
Insurance of crop—Division of cost.
The lessee under any share crop lease issued by the department shall notify the department as soon as an estimated yield of the crop can be obtained. The estimate must be immediately submitted to the department, which is hereby authorized to insure the crop from loss by fire or hail. The cost of such insurance shall be paid by the state and lessee on the same basis as the crop returns to which each is entitled.
[ 2003 c 334 § 469; 1949 c 203 § 6; Rem. Supp. 1949 § 7895-6. Formerly RCW 79.12.620.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.360 - Application of other provisions to share crop leases.

RCW 79.13.360
Application of other provisions to share crop leases.
RCW 79.13.320 through 79.13.360 shall not repeal the provisions of the general leasing statutes of the state of Washington and all of the general provisions of such statutes with reference to filing of applications, deposits required therewith, forfeiture of deposits, cancellation of leases for noncompliance and general procedures shall apply to all leases issued under the provisions of RCW 79.13.320 through 79.13.360.
[ 2003 c 334 § 470; 1949 c 203 § 7; Rem. Supp. 1949 § 7895-7. Formerly RCW 79.12.630.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.370 - Grazing leases—Restrictions.

RCW 79.13.370
Grazing leases—Restrictions.
The lessee, or assignee of any lease leased for grazing purposes, shall not use the land for any other purpose than that expressed in the lease. However, the lessee, or assignee, may surrender the lease to the department and request the department to issue an agricultural lease in lieu of the original lease. The department is authorized to issue a new lieu lease for the unexpired portion of the term of the lease surrendered upon payment of the fixed rental based on an appraisal of the land for agricultural purposes. Under the lieu lease the lessee shall be permitted to clear, plow, and cultivate the lands as in the case of an original lease for agricultural purposes.
[ 2003 c 334 § 379; 1959 c 257 § 34; 1927 c 255 § 74; RRS § 7797-74. Prior: 1903 c 79 § 8. Formerly RCW 79.01.296, 79.12.550.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.380 - Livestock grazing on lieu lands.

RCW 79.13.380
Livestock grazing on lieu lands.
The department has the power, and it is its duty, to adopt, from time to time, reasonable rules for the grazing of livestock on such tracts and areas of the indemnity or lieu lands of the state contiguous to national forests and suitable for grazing purposes, as have been, or shall be, obtained from the United States under the provisions of RCW 79.02.120.
[ 2004 c 199 § 212; 2003 c 334 § 491; 1923 c 85 § 1; RRS § 7826-1. Formerly RCW 79.28.040.]
NOTES:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.390 - Grazing permits—United States government.

RCW 79.13.390
Grazing permits—United States government.
The department may issue permits for the grazing of livestock on the lands described in RCW 79.13.380 in such manner and upon such terms, as near as may be, as permits are, or shall be, issued by the United States for the grazing of livestock on national forestlands. The department may charge such fees as it deems adequate and advisable. The department may cooperate with the United States for the protection and preservation of the grazing areas on the state lands contiguous to national forests and for the administration of the provisions of RCW 79.13.380 and 79.13.390.
[ 2003 c 334 § 492; 1983 c 3 § 202; 1923 c 85 § 2; RRS § 7826-2. Formerly RCW 79.28.050.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.400 - Improvement of grazing ranges—Agreements.

RCW 79.13.400
Improvement of grazing ranges—Agreements.
The department is hereby authorized on behalf of the state of Washington to enter into cooperative agreements with any person as defined in RCW 1.16.080 for the improvement of the state's grazing ranges by the clearing of debris, maintenance of trails and water holes, and other requirements for the general improvement of the grazing ranges.
[ 2003 c 334 § 493; 1963 c 99 § 1; 1955 c 324 § 1. Formerly RCW 79.28.070.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.410 - Improvement of grazing ranges—Extension of permit.

RCW 79.13.410
Improvement of grazing ranges—Extension of permit.
In order to encourage the improvement of grazing ranges by holders of grazing permits, the department shall consider (1) extension of grazing permit periods to a maximum of ten years; and (2) reduction of grazing fees, in situations where the permittee contributes or agrees to contribute to the improvement of the range, financially, by labor, or otherwise.
[ 2003 c 334 § 494; 1985 c 197 § 3; 1979 ex.s. c 109 § 21; 1955 c 324 § 2. Formerly RCW 79.28.080.]
NOTES:
Reviser's note: This section does not apply to state tidelands, shorelands, harbor areas, and the beds of navigable waters. See RCW 79.02.095.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—1979 ex.s. c 109: See notes following RCW 79.11.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.500 - Amateur radio repeater stations—Legislative intent.

RCW 79.13.500
Amateur radio repeater stations—Legislative intent.
The department leases state lands and space on towers located on state lands to amateur radio operators for their repeater stations. These sites are necessary to maintain emergency communications for public safety and for use in disaster relief and search and rescue support.
The licensed amateur radio operators of the state provide thousands of hours of public communications service to the state every year. Their communication network spans the entire state, based in individual residences and linked across the state through a series of mountain-top repeater stations. The amateur radio operators install and maintain their radios and the electronic repeater stations at their own expense. The amateur radio operators who use their equipment to perform public services should not bear the sole responsibility for supporting the electronic repeater stations.
In recognition of the essential role performed by the amateur radio operators in emergency communications, the legislature intends to reduce the rental fee paid by the amateur radio operators while assuring the department full market rental for the use of state-owned property.
[ 2003 c 334 § 461; 1988 c 209 § 1. Formerly RCW 79.12.015.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.510 - Amateur radio electronic repeater sites and units—Reduced rental rates—Frequencies.

RCW 79.13.510
Amateur radio electronic repeater sites and units—Reduced rental rates—Frequencies.
The department shall determine the lease rate for amateur radio electronic repeater sites and units available for public service communication. For the amateur operator to qualify for a rent of one hundred dollars per year per site, the amateur operator shall do one of the following: (1) Register and remain in good standing with the state's radio amateur civil emergency services and amateur radio emergency services organizations, or (2) if an amateur group, sign a statement of public service developed by the department.
The legislature's biennial appropriations shall account for the estimated difference between the one hundred dollar per year, per site, per lessee paid by the qualified amateur operators and the fair market amateur rent, as established by the department.
The amateur radio regulatory authority approved by the federal communication commission shall assign the radio frequencies used by amateur radio lessees. The department shall develop guidelines to determine which lessees are to receive reduced rental fees as moneys are available by legislative appropriation to pay a portion of the rent for electronic repeaters operated by amateur radio operators.
[ 2003 c 334 § 462; 1995 c 105 § 1; 1988 c 209 § 2. Formerly RCW 79.12.025.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.520 - Nonprofit television reception improvements districts—Rental of public lands—Intent.

RCW 79.13.520
Nonprofit television reception improvements districts—Rental of public lands—Intent.
The department shall determine the fair market rental rate for leases to nonprofit television reception improvement districts. It is the intent of the legislature to appropriate general funds to pay a portion of the rent charged to nonprofit television reception improvement districts. It is the further intent of the legislature that such a lessee pay an annual lease rent of fifty percent of the fair market rental rate, as long as there is a general fund appropriation to compensate the trusts for the remainder of the fair market rental rate.
[ 2003 c 334 § 464; 1994 c 294 § 1. Formerly RCW 79.12.055.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1994 c 294: "This act shall take effect July 1, 1994." [ 1994 c 294 § 3.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.530 - Geothermal resources—Guidelines for development.

RCW 79.13.530
Geothermal resources—Guidelines for development.
In an effort to increase potential revenue to the geothermal account, the department shall, by December 1, 1991, adopt rules providing guidelines and procedures for leasing state-owned land for the development of geothermal resources.
[ 2003 c 334 § 465; 1991 c 76 § 3. Formerly RCW 79.12.095.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.13 - Land Leases. › 79.13.620 - Purpose—Ecosystem standards.

RCW 79.13.620
Purpose—Ecosystem standards.
(1) It is the purpose of chapter 163, Laws of 1996 that all state agricultural lands, grazing lands, and grazeable woodlands shall be managed in keeping with the statutory and constitutional mandates under which each agency operates. Chapter 163, Laws of 1996 is consistent with section 1, chapter 4, Laws of 1993 sp. sess.
(2) The ecosystem standards developed under chapter 4, Laws of 1993 sp. sess. for state-owned agricultural and grazing lands are defined as desired ecological conditions. The standards are not intended to prescribe practices. For this reason, land managers are encouraged to use an adaptive management approach in selecting and implementing practices that work towards meeting the standards based on the best available science and evaluation tools.
(3) For as long as the chapter 4, Laws of 1993 sp. sess. ecosystem standards remain in effect, they shall be applied through a collaborative process that incorporates the following principles:
(a) The land manager and lessee or permittee shall look at the land together and make every effort to reach agreement on management and resource objectives for the land under consideration;
(b) They will then discuss management options and make every effort to reach agreement on which of the available options will be used to achieve the agreed-upon objectives;
(c) No land manager or owner ever gives up his or her management prerogative;
(d) Efforts will be made to make land management plans economically feasible for landowners, managers, and lessees and to make the land management plan compatible with the lessee's entire operation;
(e) Coordinated resource management planning is encouraged where either multiple ownerships, or management practices, or both, are involved;
(f) The department of fish and wildlife shall consider multiple use, including grazing, on lands owned or managed by the department of fish and wildlife where it is compatible with the management objectives of the land; and
(g) The department shall allow multiple use on lands owned or managed by the department where multiple use can be demonstrated to be compatible with RCW 79.10.100, 79.10.110, and 79.10.120.
(4) The ecosystem standards are to be achieved by applying appropriate land management practices on riparian lands and on the uplands in order to reach the desired ecological conditions.
(5) The legislature urges that state agencies that manage grazing lands make planning and implementation of chapter 163, Laws of 1996, using the coordinated resource management and planning process, a high priority, especially where either multiple ownerships, or multiple use resources objectives, or both, are involved. In all cases, the choice of using the coordinated resource management planning process will be a voluntary decision by all concerned parties including agencies, private landowners, lessees, permittees, and other interests.
[ 2003 c 334 § 378; 1996 c 163 § 1. Formerly RCW 79.01.2955.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.010 - Definitions.

RCW 79.14.010
Definitions.
As used in this chapter, "public lands" means lands and areas belonging to or held in trust by the state, including tide and submerged lands of the Pacific Ocean or any arm thereof and lands of every kind and nature including mineral rights reserved to the state.
[ 2003 c 334 § 471; 1967 c 163 § 6; 1955 c 131 § 1. Prior: 1937 c 161 § 1. Formerly RCW 78.28.280.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
1967 c 163 adopted to implement Amendment 42—Severability—1967 c 163: See notes following RCW 64.16.005.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.020 - Leases authorized—Terms—Duration.

RCW 79.14.020
Leases authorized—Terms—Duration.
The department is authorized to lease public lands for the purpose of prospecting for, developing, and producing oil, gas, or other hydrocarbon substances. Each such lease is to be composed of not more than six hundred forty acres or an entire government surveyed section, except a lease on river bed, lake bed, tide and submerged lands which is to be composed of not more than one thousand nine hundred twenty acres. All leases shall contain such terms and conditions as may be prescribed by the rules adopted by the commissioner in accordance with the provisions of this chapter. Leases may be for an initial term of from five up to ten years and shall be extended for so long thereafter as lessee shall comply with one of the following conditions: (1) Prosecute development on the leased land with the due diligence of a prudent operator upon encountering oil, gas, or other hydrocarbon substances; (2) produce any of said substances from the leased lands; (3) engage in drilling, deepening, repairing, or redrilling any well thereon; or (4) participate in a unit plan to which the commissioner has consented under RCW 78.52.450.
[ 2003 c 334 § 472; 1986 c 34 § 1; 1985 c 459 § 2; 1955 c 131 § 2. Prior: 1937 c 161 §§ 2, 3; 1927 c 255 §§ 175, 176. Formerly RCW 78.28.290.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.14.510.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.030 - Rental fees—Minimum royalties.

RCW 79.14.030
Rental fees—Minimum royalties.
The department shall require as a prerequisite to the issuing of any lease a rental as set by the board but not less than one dollar and twenty-five cents per acre or such prorated share of the rental per acre as the state's mineral rights ownership for the first year of such lease, payable in advance to the department at the time the lease is awarded and a like rental annually in advance thereafter so long as such lease remains in force. However, the rental shall cease at such time as royalty accrues to the state from production from such lease. Commencing with the lease year beginning on or after oil, gas, or other hydrocarbon substances are first produced in quantities deemed paying quantities by lessee on the land subject to such lease, lessee shall pay a minimum royalty as set by the board but not less than five dollars per acre or fraction thereof or such prorated share of the rental per acre as the state's mineral rights ownership at the expiration of each year. Royalties payable by the lessee shall be the royalties from production as provided for in RCW 79.14.070 or the minimum royalty provided herein, whichever is greater. However, if such a lease is unitized, the minimum royalty shall be payable only on the leased acreage after production is obtained in such paying quantities from such lease.
[ 2003 c 334 § 473; 1985 c 459 § 3; 1980 c 151 § 1; 1955 c 131 § 3. Prior: 1937 c 161 § 4; 1927 c 255 § 176. Formerly RCW 78.28.300.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.14.510.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.040 - Compensation to owners of private rights and to state for surface damage.

RCW 79.14.040
Compensation to owners of private rights and to state for surface damage.
No lessee shall commence any operation upon lands covered by the lease until such lessee has provided for compensation to owners of private rights therein according to law, or in lieu thereof, filed a surety bond with the department in an amount sufficient in the opinion of the commissioner to cover such compensation until the amount of compensation is determined by agreement, arbitration, or judicial decision and has provided for compensation to the state of Washington for damage to the surface rights of the state in accordance with the rules adopted by the department.
[ 2003 c 334 § 474; 1955 c 131 § 4. Prior: 1937 c 161 § 6; 1927 c 255 § 175. Formerly RCW 78.28.310.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.050 - Drilling operations beyond lease term—Lease provisions.

RCW 79.14.050
Drilling operations beyond lease term—Lease provisions.
All leases shall provide that if oil, gas or other hydrocarbon substances are not encountered on or before the end of the initial term, the lease shall not terminate if the lessee is then prosecuting drilling operations on the leased lands with due diligence, in which event the same shall remain in force so long as lessee shall keep one string of tools in operation on the leased lands, allowing not to exceed ninety days between the completion of one well and the commencement of the next until such substances are encountered in quantities deemed paying quantities by lessee. All leases shall further provide that if oil, gas or other hydrocarbon substances in paying quantities shall have been discovered on the leased lands prior to the expiration of the initial term, then in the event at any time after the expiration of the initial term production on the leased land shall cease from any cause, the lease shall not terminate provided lessee resumes operations for the drilling of a well or the restoration of production within ninety days from such cessation. The lease shall remain in force during the prosecution of such operations, and if production results therefrom, then so long as production continues.
[ 1985 c 459 § 4; 1955 c 131 § 5. Prior: 1937 c 161 § 7; 1927 c 255 § 180. Formerly RCW 78.28.320.]
NOTES:
Severability—1985 c 459: See note following RCW 79.14.510.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.060 - Surrender of lease—Liability.

RCW 79.14.060
Surrender of lease—Liability.
Every lessee shall have the option of surrendering his or her lease as to all or any portion or portions of the land covered thereby at any time and shall be relieved of all liability thereunder with respect to the land so surrendered except for monetary payments theretofore accrued and except for physical damage to the premises embraced by his or her lease which have been occasioned by his or her operations.
[ 2013 c 23 § 258; 1955 c 131 § 6. Prior: 1937 c 161 §§ 8, 10. Formerly RCW 78.28.330.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.070 - Royalties.

RCW 79.14.070
Royalties.
All oil and gas leases issued pursuant to this chapter shall be upon a royalty of not less than twelve and one-half percent of the gross production of all oil, gas or other hydrocarbons produced and saved from the lands covered by such lease.
[ 1955 c 131 § 7. Prior: 1937 c 161 § 9; 1927 c 255 § 176. Formerly RCW 78.28.340.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.080 - Leases of land within a geologic structure.

RCW 79.14.080
Leases of land within a geologic structure.
Oil and gas leases shall not be issued on unleased lands which have been classified by the department as being within a known geologic structure of a producing oil or gas field, except as follows: Upon application of any person, the department shall lease in areas not exceeding six hundred forty acres, at public auction, any or all unleased lands within such geologic structure to the person offering the greatest cash bonus therefor at such auction. Notice of the offer of such lands for lease will be given by publication in a newspaper of general circulation in Olympia, Washington, and in such other publications as the department may authorize. The first publication shall be at least thirty days prior to the date of sale.
[ 2003 c 334 § 475; 1955 c 131 § 8. Prior: 1937 c 161 §§ 5, 11. Formerly RCW 78.28.350.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.090 - Cancellation or forfeiture of leases—New leases.

RCW 79.14.090
Cancellation or forfeiture of leases—New leases.
The department is authorized to cancel any lease issued as provided in this section for nonpayment of rentals or royalties or nonperformance by the lessee of any provision or requirement of the lease. However, before any such cancellation is made, the department shall mail to the lessee by registered mail, addressed to the post office address of such lessee shown by the records of the department, a notice of intention to cancel such lease specifying the default for which the lease is subject to cancellation. If lessee shall, within thirty days after the mailing of said notice to the lessee, commence and thereafter diligently and in good faith prosecute the remedying of the default specified in such notice, then no cancellation of the lease shall be entered by the department. Otherwise, the cancellation shall be made and all rights of the lessee under the lease shall automatically terminate, except that lessee shall retain the right to continue its possession and operation of any well or wells in regard to which lessee is not in default. Further, failure to pay rental and royalty required under leases within the time prescribed therein shall automatically and without notice work a forfeiture of such leases and of all rights thereunder. Upon the expiration, forfeiture, or surrender of any lease, no new lease covering the lands or any of them embraced by such expired, forfeited, or surrendered lease, shall be issued for a period of ten days following the date of such expiration, forfeiture, or surrender. If more than one application for a lease covering such lands or any of them shall be made during such ten-day period the department shall issue a lease to such lands or any of them to the person offering the greatest cash bonus for such lease at a public auction to be held at the time and place and in the manner as the department shall adopt by rule.
[ 2003 c 334 § 476; 1955 c 131 § 9. Prior: 1937 c 161 § 12; 1927 c 255 § 179. Formerly RCW 78.28.360.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.100 - Cooperative or unit plans—Communization or drilling agreements.

RCW 79.14.100
Cooperative or unit plans—Communization or drilling agreements.
For the purpose of more properly conserving the natural resources of any oil or gas pool, field, or like area, lessees thereon and their representatives may unite with each other, or jointly or separately with others, in collectively adopting and operating under a cooperative or unit plan of development or operation of such pool, field, or like area, or any part thereof, whenever determined and certified by the department to be necessary or advisable in the public interest. The department is authorized, in its discretion, with the consent of the holders of leases involved, in order to conform with the terms and conditions of any such cooperative or unit plan to establish, alter, change, or revoke exploration, drilling, producing, rental, and royalty requirements of such leases with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan as the department may deem necessary or proper to secure the proper protection of the public interest.
When separate tracts cannot be independently developed and operated in conformity with an established well spacing or development program, any lease or any portion thereof may be pooled with other lands, whether or not owned by the state of Washington under a communization or drilling agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the drilling or spacing unit when determined by the department to be in the public interest, and operations or production pursuant to such an agreement shall be deemed to be operations or production as to each such lease committed thereto.
The term of any lease that has become the subject of any cooperative or unit plan of development or operation of a pool, field, or like area, which plan has the approval of the department, shall continue in force until the termination of such plan, and in the event such plan is terminated prior to the expiration of any such lease, the original term of such lease shall continue. Any lease under this chapter hereinafter committed to any such plan embracing lands that are in part within and in part outside of the area covered by any such plan, shall be segregated in separate leases as to the lands committed and the land not committed as of the effective date of unitization.
[ 2003 c 334 § 477; 1955 c 131 § 10. Prior: 1937 c 161 § 14. Formerly RCW 78.28.370.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.110 - Customary provisions in leases.

RCW 79.14.110
Customary provisions in leases.
The department is authorized to insert in any lease issued under the provisions of this chapter such terms as are customary and proper for the protection of the rights of the state and of the lessee and of the owners of the surface of the leased lands not in conflict with the provisions of this chapter.
[ 2003 c 334 § 478; 1955 c 131 § 11. Prior: 1937 c 161 § 15; 1927 c 255 § 178. Formerly RCW 78.28.380.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.120 - Rules.

RCW 79.14.120
Rules.
The department is required to adopt and publish, for the information of the public, all reasonable rules necessary for carrying out the provisions of this chapter. The department may amend or rescind any rule adopted under the authority contained in this section. However, no rule or amendment of the same or any order rescinding any rule shall become effective until after thirty days from the adoption of the same by publication in a newspaper of general circulation published at the state capitol and shall take effect and be in force at times specified therein. All rules of the department and all amendments or revocations of existing rules shall be recorded in an appropriate book or books, shall be adequately indexed, and shall be kept in the office of the department and shall constitute a public record. Such rules of the department shall be printed in pamphlet form and furnished to the public free of cost.
[ 2003 c 334 § 479; 1955 c 131 § 12. Prior: 1937 c 161 § 16; 1927 c 255 § 178. Formerly RCW 78.28.390.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.130 - Wells to be located minimum distance from boundaries—Exception.

RCW 79.14.130
Wells to be located minimum distance from boundaries—Exception.
Each lease issued under this chapter shall provide that without the approval of the department, no well shall be drilled on the lands demised thereby in such manner or at such location that the producing interval thereof shall be less than three hundred thirty feet from any of the outer boundaries of the demised lands, except that if the right to oil, gas, or other hydrocarbons underlying adjoining lands be vested in private ownership, such approval shall not be required.
[ 2003 c 334 § 480; 1955 c 131 § 13. Prior: 1937 c 161 § 17. Formerly RCW 78.28.400.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.140 - Rights-of-way over public lands—Payment for timber.

RCW 79.14.140
Rights-of-way over public lands—Payment for timber.
Any person granted a lease under the provisions of this chapter shall have a right-of-way over public lands, as provided by law, when necessary, for the drilling, recovering, saving, and marketing of oil, gas, or other hydrocarbons. Before any such right-of-way grant shall become effective, a written application for, and a plat showing the location of such a right-of-way and the land necessary for the well site and drilling operations, with reference to adjoining lands, shall be filed with the department. All timber on the right-of-way and the land necessary for the drilling operation, shall be appraised by the commissioner and paid for in money by the person to whom the lease is granted.
[ 2003 c 334 § 481; 1955 c 131 § 14. Prior: 1937 c 161 § 18. Formerly RCW 78.28.410.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.150 - Sales of timber—Rules.

RCW 79.14.150
Sales of timber—Rules.
All sales of timber, as prescribed in this chapter, shall be made subject to the right, power, and authority of the department to adopt rules governing the manner of the removal of the merchantable timber upon any lands embraced within any lease with the view of protecting the same and other timber against destruction or injury by fire or from other causes. The rules shall be binding upon the lessee, his or her successors in interest, and shall be enforced by the department.
[ 2003 c 334 § 482; 1955 c 131 § 15. Prior: 1937 c 161 § 19. Formerly RCW 78.28.420.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.160 - Development after discovery.

RCW 79.14.160
Development after discovery.
After the discovery of oil, gas or other hydrocarbons in paying quantities, lessee shall proceed to develop the oil, gas or other hydrocarbons in the lands covered thereby through the drilling of such wells as will efficiently extract the oil, gas or other hydrocarbons therefrom and such development shall take into account the productiveness of the producing horizon, the depth at which it occurs, the average cost of wells, the market requirements obtaining at any given time, and the maintenance of proper oil and gas ratios.
[ 1955 c 131 § 16. Prior: 1937 c 161 § 20. Formerly RCW 78.28.430.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.170 - Spacing and offsetting of wells.

RCW 79.14.170
Spacing and offsetting of wells.
All leases shall contain such terms, conditions, and provisions as will protect the interests of the state with reference to spacing of wells for the purpose of offsetting any wells on privately owned lands.
[ 1955 c 131 § 17. Prior: 1937 c 161 § 21. Formerly RCW 78.28.440.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.180 - Lands may be withheld from leasing.

RCW 79.14.180
Lands may be withheld from leasing.
Nothing contained in this chapter shall be construed as requiring the department to offer any tract or tracts of land for lease; but the department shall have power to withhold any tract or tracts from leasing for oil, gas, or other hydrocarbons, if, in its judgment, the best interest of the state will be served by so doing.
[ 2003 c 334 § 483; 1955 c 131 § 18. Prior: 1937 c 161 § 24. Formerly RCW 78.28.450.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.190 - Payment of royalty share—Royalty in kind.

RCW 79.14.190
Payment of royalty share—Royalty in kind.
The lessee shall pay to the department the market value at the well of the state's royalty share of oil and other hydrocarbons except gas produced and saved and delivered by lessee from the lease. In lieu of receiving payment for the market value of the state's royalty share of oil, the department may elect that such royalty share of oil be delivered in kind at the mouth of the wells into tanks provided by the department. Lessee shall pay to the department the state's royalty share of the sale price received by the lessee for gas produced and saved and sold from the lease. If such gas is not sold but is used by lessee for the manufacture of gasoline or other products, lessee shall pay to the department the market value of the state's royalty share of the residue gas and other products, less a proper allowance for extraction costs.
[ 2003 c 334 § 484; 1955 c 131 § 19. Prior: 1937 c 161 § 25. Formerly RCW 78.28.460.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.200 - Prior permits validated—Relinquishment for new leases.

RCW 79.14.200
Prior permits validated—Relinquishment for new leases.
All exploration permits issued by the department prior to June 9, 1955, which have not expired or been legally canceled for nonperformance by the permittees, are hereby declared to be valid and existing contracts with the state of Washington, according to their terms and provisions. The obligation of the state to conform to the terms and provisions of such permits is hereby recognized, and the department is directed to accept and recognize all such permits according to their express terms and provisions. No repeal or amendment made by this chapter shall affect any right acquired under the law as it existed prior to such repeal or amendment, and such right shall be governed by the law in effect at time of its acquisition. Any permit recognized and confirmed by this section may be relinquished to the state by the permittee, and a new lease or, if such permit contains more than six hundred forty acres, new leases in the form provided for in this chapter, shall be issued in lieu of same and without bonus therefor; but the new lease or leases so issued shall be as provided for in this chapter and governed by the applicable provisions of this chapter instead of by the law in effect prior thereto.
[ 2003 c 334 § 485; 1955 c 131 § 20. Prior: 1937 c 161 § 26. Formerly RCW 78.28.470.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.14 - Mineral, Coal, Oil, and Gas Leases. › 79.14.210 - Assignments and subleases of leases.

RCW 79.14.210
Assignments and subleases of leases.
Any oil or gas lease issued under the authority of this chapter may be assigned or subleased as to all or part of the acreage included therein, subject to final approval by the department, and as to either a divided or undivided interest therein to any person. Any assignment or sublease shall take effect as of the first day of the lease month following the date of filing with the department. However, at the department's discretion, it may disapprove an assignment of a separate zone or deposit under any lease or of a part of a legal subdivision. Upon approval of any assignment or sublease, the assignee or sublessee shall be bound by the terms of the lease to the same extent as if such assignee or sublessee were the original lessee, any conditions in the assignment or sublease to the contrary notwithstanding. Any partial assignment of any lease shall segregate the assigned and retained portions thereof, and upon approval of such assignment by the department, the assignor shall be released and discharged from all obligations thereafter accruing with respect to the assigned lands.
[ 2003 c 334 § 486; 1955 c 131 § 21. Prior: 1937 c 161 § 27. Formerly RCW 78.28.480.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.