reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.650 - Highest responsible bidder—Determination.

RCW 79.125.650
Highest responsible bidder—Determination.
(1) To determine the "highest responsible bidder" under RCW 79.125.640, the department shall be entitled to consider, in addition to price, the following:
(a) The financial and technical ability of the bidder to perform the contract;
(b) Whether the bid contains material defects;
(c) Whether the bidder has previously or is currently complying with terms and conditions of any other contracts with the state or relevant contracts with entities other than the state;
(d) Whether the bidder was the "highest responsible bidder" for a sale within the previous five years but failed to complete the sale, such as by not entering into a resulting contract or by not paying the difference between the deposit and the total amount due. However, sales that were bid prior to January 1, 2003, may not be considered for the purposes of this subsection (1)(d);
(e) Whether the bidder has been convicted of a crime relating to the public lands or natural resources of the state of Washington, the United States, or any other state, tribe, or country, where "conviction" shall include a guilty plea, or unvacated forfeiture of bail;
(f) Whether the bidder is owned, controlled, or managed by any person, partnership, or corporation that is not responsible under this statute; and
(g) Whether the subcontractors of the bidder, if any, are responsible under this statute.
(2) Whenever the department has reason to believe that the apparent high bidder is not a responsible bidder, the department may award the sale to the next responsible bidder or the department may reject all bids pursuant to RCW 79.125.680.
[ 2005 c 155 § 117; 2003 c 28 § 1; 1990 c 163 § 2. Formerly RCW 79.90.215.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.660 - Sale procedure—Conduct of sales—Deposits—Bid bonds—Memorandum of purchase.

RCW 79.125.660
Sale procedure—Conduct of sales—Deposits—Bid bonds—Memorandum of purchase.
(1) Sales by public auction under this chapter shall be conducted under the direction of the department or by its authorized representative. The department's representatives are referred to as auctioneers.
(2) On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer, in cash or by certified check, cashier's check, or postal money order payable to the order of the department, or by bid guarantee in the form of bid bond acceptable to the department, an amount equal to the deposit specified in the notice of sale. The deposit shall include a specified amount of the appraised price for the valuable materials offered for sale, together with any fee required by law for the issuance of contracts or bills of sale. The deposit may, when prescribed in the notice of sale, be considered an opening bid of an amount not less than the minimum appraised price established in the notice of sale. The successful bidder's deposit will be retained by the auctioneer and the difference, if any, between the deposit and the total amount due shall on the day of the sale be paid in cash, certified check, cashier's check, draft, postal money order, or by personal check made payable to the department. If a bid bond is used, the share of the total deposit due guaranteed by the bid bond shall, within ten days of the day of sale, be paid in cash, certified check, cashier's check, draft, or postal money order payable to the department. Other deposits, if any, shall be returned to the respective bidders at the conclusion of each sale.
(3) The auctioneer shall deliver to the purchaser a memorandum of the purchase containing a description of the land or materials purchased, the price bid, and the terms of the sale.
(4) The auctioneer shall at once send to the department the cash, certified check, cashier's check, draft, postal money order, or bid guarantee received from the purchaser, and a copy of the memorandum delivered to the purchaser, together with such additional report of the auctioneer's proceedings with reference to the sales as may be required by the department.
[ 2005 c 155 § 118; 1982 1st ex.s. c 21 § 28. Formerly RCW 79.90.220.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.670 - Sale procedure—Readvertisement of lands not sold.

RCW 79.125.670
Sale procedure—Readvertisement of lands not sold.
If any tideland or shoreland, when otherwise permitted under RCW 79.125.200, offered for sale is not sold, it may again be advertised for sale, as provided in this chapter, whenever in the opinion of the department it is expedient to do so. Whenever any person applies to the department in writing to have the land offered for sale and agrees to pay at least the appraised value of the land and deposits with the department at the time of making the application a sufficient sum of money to pay the cost of advertising the sale, the land may be advertised again and offered for sale as provided in this chapter.
[ 2005 c 155 § 119; 1982 1st ex.s. c 21 § 29. Formerly RCW 79.90.230.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.680 - Sale procedure—Confirmation of sale.

RCW 79.125.680
Sale procedure—Confirmation of sale.
(1) A sale of tidelands or shorelands otherwise permitted by RCW 79.125.200 to be sold shall be confirmed if:
(a) No affidavit showing that the interest of the state in such sale was injuriously affected by fraud or collusion, is filed with the department's Olympia office within ten days from the receipt of the report of the auctioneer conducting the sale;
(b) It appears from the report that the sale was fairly conducted, that the purchaser was the highest responsible bidder at the sale, and that the sale price is not less than the appraised value of the property sold;
(c) The department is satisfied that the lands sold would not, upon being readvertised and offered for sale, sell for a substantially higher price; and
(d) The payment required by law to be made at the time of making the sale has been made, and that the best interests of the state are being served.
(2) Upon confirming a sale, the department shall enter upon its records the confirmation of sale and issue to the purchaser a contract of sale or bill of sale as the case may be, as is provided for in this chapter.
[ 2005 c 155 § 120; 1990 c 163 § 3; 1982 1st ex.s. c 21 § 30. Formerly RCW 79.90.240.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.700 - Sale of state-owned tidelands or shorelands to municipal corporation or state agency—Authority to execute agreements, deeds, etc.

RCW 79.125.700
Sale of state-owned tidelands or shorelands to municipal corporation or state agency—Authority to execute agreements, deeds, etc.
The department may with the advice and approval of the board sell state-owned tidelands or shorelands at the appraised market value to any municipal corporation or agency of the state of Washington when the land is to be used solely for municipal or state purposes. However, the department shall with the advice and approval of the attorney general, execute agreements, writings, or relinquishments and certify to the governor such deeds as are necessary or proper to affect the sale or exchange.
[ 2005 c 155 § 515; 1982 1st ex.s. c 21 § 101. Formerly RCW 79.94.160.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.710 - Grant of lands for city park or playground purposes.

RCW 79.125.710
Grant of lands for city park or playground purposes.
Whenever application is made to the department by any incorporated city or town or metropolitan park district for the use of any state-owned tidelands or shorelands within the corporate limits of the city or town or metropolitan park district for municipal park and/or playground purposes, the department shall cause the application to be entered in the records of its office, and shall then forward the application to the governor, who shall appoint a committee of five representative citizens of the city or town, in addition to the commissioner and the director of ecology, both of whom shall be ex officio members of the committee, to investigate the lands and determine whether they are suitable and needed for park or playground purposes; and, if they so find, the commissioner shall certify to the governor that the property shall be deeded, when in accordance with RCW 79.125.200 and 79.125.700, to the city or town or metropolitan park district and the governor shall then execute a deed in the name of the state of Washington, attested by the secretary of state, conveying the use of the lands to the city or town or metropolitan park district for park or playground purposes for so long as it shall continue to hold, use, and maintain the lands for park or playground purposes.
[ 2005 c 155 § 517; 2003 c 334 § 447; 1988 c 127 § 33; 1939 c 157 § 1; RRS § 7993-1. Formerly RCW 79.94.175, 79.08.080.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.720 - Exchange of lands to secure city parks and playgrounds.

RCW 79.125.720
Exchange of lands to secure city parks and playgrounds.
In the event there are no state-owned tidelands or shorelands in any city or town or metropolitan park district suitable for the purposes of RCW 79.125.710 and the committee finds other lands which are suitable and needed for parks or playgrounds, the department is authorized to secure the lands by exchanging state-owned tidelands or shorelands of equal value in the same county, and the use of the lands so secured shall be conveyed to any city or town or metropolitan park district as provided for in RCW 79.125.710. In all exchanges the department is authorized and directed, with the assistance of the attorney general, to execute agreements, writings, relinquishments, and deeds as are necessary or proper for the purpose of carrying the exchanges into effect. Upland owners shall be notified of the state-owned tidelands or shorelands to be exchanged.
[ 2005 c 155 § 518; 2003 c 334 § 448; 1939 c 157 § 2; RRS § 7993-2. Formerly RCW 79.94.181, 79.08.090.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.730 - Director of ecology to assist city parks.

RCW 79.125.730
Director of ecology to assist city parks.
The director of ecology, in addition to serving as an ex officio member of the committee, is authorized and directed to assist the city or town or metropolitan park district in the development and decoration of any lands so conveyed and to furnish trees, grass, flowers, and shrubs therefor.
[ 2005 c 155 § 519; 1988 c 127 § 34; 1939 c 157 § 3; RRS § 7993-3. Formerly RCW 79.94.185, 79.08.100.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.750 - Access to and from tidelands reserved for recreational use and taking of fish and shellfish.

RCW 79.125.750
Access to and from tidelands reserved for recreational use and taking of fish and shellfish.
The director of fish and wildlife may take appropriate action to provide public and private access, including roads and docks, to and from the tidelands described in RCW 79.125.740.
[ 2005 c 155 § 534; 1994 c 264 § 67; 1982 1st ex.s. c 21 § 125. Formerly RCW 79.94.400.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.760 - Use of certain tidelands, shorelands, and abutting bedlands—Grant to the United States—Purposes—Limitations.

RCW 79.125.760
Use of certain tidelands, shorelands, and abutting bedlands—Grant to the United States—Purposes—Limitations.
The use of any tidelands, shorelands, and abutting bedlands covered with less than four fathoms of water at ordinary low tide belonging to the state, and adjoining and bordering on any tract, piece, or parcel of land, which may have been reserved or acquired, or which may be reserved or acquired, by the government of the United States, for the purposes of erecting and maintaining forts, magazines, arsenals, dockyards, navy yards, prisons, penitentiaries, lighthouses, fog signal stations, aviation fields, or other aids to navigation, may be granted to the United States, upon payment for the rights, so long as the upland adjoining the tidelands or shorelands shall continue to be held by the government of the United States for any of the public purposes above mentioned. However, this grant shall not extend to or include any aquatic lands covered by more than four fathoms of water at ordinary low tide; and shall not be construed to prevent any citizen of the state from using the lands for the taking of food fishes so long as the fishing does not interfere with the public use of them by the United States.
[ 2005 c 155 § 535; 1982 1st ex.s. c 21 § 126. Formerly RCW 79.94.410.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.770 - Tidelands and shorelands—Use of lands granted to United States—Application—Proof of upland use—Conveyance.

RCW 79.125.770
Tidelands and shorelands—Use of lands granted to United States—Application—Proof of upland use—Conveyance.
Whenever application is made to the department by any department of the United States government for the use of any state-owned tidelands or shorelands and adjoining and bordering on any upland held by the United States for any of the purposes mentioned in RCW 79.125.760, upon proof being made to the department, that the uplands are so held by the United States for such purposes, and upon payment for the land, it shall cause the fact to be entered in the records of the department and the department shall certify the fact to the governor who will execute a deed in the name of the state, attested by the secretary of state, conveying the use of the lands, for such purposes, to the United States, so long as it shall continue to hold for the public purposes the uplands adjoining the tidelands and shorelands.
[ 2005 c 155 § 536; 1982 1st ex.s. c 21 § 127. Formerly RCW 79.94.420.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.780 - Tidelands and shorelands—Use of lands granted to United States—Easements over tidelands or shorelands to United States.

RCW 79.125.780
Tidelands and shorelands—Use of lands granted to United States—Easements over tidelands or shorelands to United States.
Whenever application is made to the department, by any department of the United States government, for the use of any state-owned tidelands or shorelands, for any public purpose, and the department shall be satisfied that the United States requires or may require the use of the tidelands or shorelands for the public purposes, the department may reserve the tidelands or shorelands from public sale and grant the use of them to the United States, upon payment for the land, so long as it may require the use of them for the public purposes. In such a case, the department shall execute an easement to the United States, which grants the use of the tidelands or shorelands to the United States, so long as it shall require the use of them for the public purpose.
[ 2005 c 155 § 537; 1982 1st ex.s. c 21 § 128. Formerly RCW 79.94.430.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.790 - Tidelands and shorelands—Use of lands granted to United States—Reversion on cessation of use.

RCW 79.125.790
Tidelands and shorelands—Use of lands granted to United States—Reversion on cessation of use.
Whenever the United States shall cease to hold and use any uplands for the use and purposes mentioned in RCW 79.125.760, or shall cease to use any tidelands or shorelands for the purpose mentioned in RCW 79.125.780, the grant or easement of the tidelands or shorelands shall be terminated, and the tidelands or shorelands shall revert to the state without resort to any court or tribunal.
[ 2005 c 155 § 538; 1982 1st ex.s. c 21 § 129. Formerly RCW 79.94.440.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.800 - United States Navy base—Exchange of property—Procedure.

RCW 79.125.800
United States Navy base—Exchange of property—Procedure.
The department is authorized to deed, by exchanges of property, to the United States Navy those tidelands necessary to facilitate the location of the United States Navy base in Everett. In carrying out this authority, the department shall request that the governor execute the deed in the name of the state attested to by the secretary of state. The department will follow the requirements outlined in RCW 79.17.050 in making the exchange. The department must exchange the state's tidelands for lands of equal value, and the land received in the exchange must be suitable for natural preserves, recreational purposes, or have commercial value. The lands must not have been previously used as a waste disposal site. Choice of the site must be made with the advice and approval of the board.
[ 2003 c 334 § 615; 1987 c 271 § 4. Formerly RCW 79.94.450.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1987 c 271: See note following RCW 79.130.050.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.130 - Aquatic Lands—Beds of Navigable Waters. › 79.130.010 - Lease of beds of navigable waters.

RCW 79.130.010
Lease of beds of navigable waters.
(1) Except as provided in RCW 79.130.060, the department may lease to the abutting tidelands or shorelands owner or lessee, the beds of navigable waters lying below the line of extreme low tide in waters where the tide ebbs and flows, and below the line of navigability in lakes and rivers claimed by the state and defined in Article XVII, section 1 of the state Constitution.
(2) In case the abutting tidelands or shorelands or the abutting uplands are not improved or occupied for residential or commercial purposes, the department may lease the beds to any person for a period not exceeding ten years for booming purposes.
(3) Nothing in this chapter shall change or modify any of the provisions of the state Constitution or laws of the state which provide for the leasing of harbor areas and the reservation of lands lying in front of harbor areas.
[ 2005 c 155 § 601; 1987 c 271 § 2; 1982 1st ex.s. c 21 § 130. Formerly RCW 79.95.010.]
NOTES:
Severability—1987 c 271: See note following RCW 79.130.050.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.130 - Aquatic Lands—Beds of Navigable Waters. › 79.130.020 - Lease of beds of navigable waters—Terms and conditions of lease—Forfeiture for nonuser.

RCW 79.130.020
Lease of beds of navigable waters—Terms and conditions of lease—Forfeiture for nonuser.
(1) The department shall, prior to the issuance of any lease under the provisions of this chapter, fix the annual rent and prescribe the terms and conditions of the lease. However, in fixing the rent, the department shall not take into account the value of any improvements placed upon the lands by the lessee.
(2) No lease issued under the provisions of this chapter shall be for a term longer than thirty years. Failure to use those beds leased under the provisions of this chapter for booming purposes, for a period of three years shall work a forfeiture of the lease and the land shall revert to the state without notice to the lessee upon the entry of a declaration of forfeiture in the records of the department.
[ 2019 c 131 § 2; 2005 c 155 § 602; 1982 1st ex.s. c 21 § 131. Formerly RCW 79.95.020.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.130 - Aquatic Lands—Beds of Navigable Waters. › 79.130.030 - Lease of beds of navigable waters—Improvements—Federal permit—Forfeiture—Plans and specifications.

RCW 79.130.030
Lease of beds of navigable waters—Improvements—Federal permit—Forfeiture—Plans and specifications.
The applicant for a lease under the provisions of this chapter shall first obtain from the United States army corps of engineers or other federal regulatory agency, a permit to place structures or improvements in the navigable waters and file with the department a copy of the permit. No structures or improvements shall be constructed beyond a point authorized by the army corps of engineers or the department and any construction beyond authorized limits will work a forfeiture of all rights granted by the terms of any lease issued under the provisions of this chapter. The applicant shall also file plans and specifications of any proposed improvements to be placed upon the areas with the department, the plans and specifications to be the same as provided for in the case of the lease of harbor areas.
[ 2005 c 155 § 603; 1982 1st ex.s. c 21 § 132. Formerly RCW 79.95.030.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.130 - Aquatic Lands—Beds of Navigable Waters. › 79.130.040 - Lease of beds of navigable waters—Preference right to re-lease.

RCW 79.130.040
Lease of beds of navigable waters—Preference right to re-lease.
At the expiration of any lease issued under the provisions of this chapter, the lessee or the lessee's successors or assigns, shall have a preference right to re-lease all or part of the area covered by the original lease if the department deems it to be in the best interest of the state to re-lease the area. Such re-lease shall be for the term as specified by the provisions of this chapter, and at the rental and upon the conditions as may be prescribed by the department. However, if the preference right is not exercised, the rights and obligations of the lessee, the department, and any subsequent lessee shall be the same as provided in RCW 79.125.300 relating to failure to re-lease tidelands or shorelands. Any person who prior to June 11, 1953, had occupied and improved an area subject to lease under this chapter and has secured a permit for the improvements from the United States army corps of engineers, or other federal regulatory agency, shall have the rights and obligations of a lessee under this section upon the filing of a copy of the permit together with plans and specifications of the improvements with the department.
[ 2005 c 155 § 604; 1982 1st ex.s. c 21 § 133. Formerly RCW 79.95.040.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.130 - Aquatic Lands—Beds of Navigable Waters. › 79.130.050 - United States Navy base—Legislative findings and declaration.

RCW 79.130.050
United States Navy base—Legislative findings and declaration.
The legislature recognizes the importance of economic development in the state of Washington, and finds that the location of a United States Navy base in Everett, Washington will enhance economic development. The legislature finds that the state should not assume liability or risks resulting from any action taken by the United States Navy, now or in the future associated with the dredge disposal program for that project known as confined aquatic disposal (CAD). The legislature also recognizes the importance of improving water quality and cleaning up pollution in Puget Sound. The legislature declares these actions to be a public purpose necessary to protect the health, safety, and welfare of its citizens, and to promote economic growth and improve environmental quality in the state of Washington. The United States Navy proposes to commence the Everett home port project immediately.
[ 2005 c 155 § 605; 1987 c 271 § 1. Formerly RCW 79.95.050.]
NOTES:
Severability—1987 c 271: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 271 § 6.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.130 - Aquatic Lands—Beds of Navigable Waters. › 79.130.060 - Lease of bedlands in Port Gardner Bay for dredge spoil site—Conditions.

RCW 79.130.060
Lease of bedlands in Port Gardner Bay for dredge spoil site—Conditions.
(1) Upon application by the United States Navy, and upon verification of the legal description and compliance with the intent of this chapter, the commissioner is authorized to lease bedlands in Port Gardner Bay for a term of thirty years so the United States Navy can utilize a dredge spoil site solely for purposes related to construction of the United States Navy base at Everett.
(2) The lease shall reserve for the state uses of the property and associated waters which are not inconsistent with the use of the bed by the Navy as a disposal site. The lease shall include conditions under which the Navy:
(a) Will agree to hold the state of Washington harmless for any damage and liability relating to, or resulting from, the use of the property by the Navy; and
(b) Will agree to comply with all terms and conditions included in the applicable state of Washington section 401 water quality certification issued under the authority of the federal clean water act (33 U.S.C. Sec. 1251, et seq.), all terms and conditions of the army corps of engineers section 404 permit (33 U.S.C. Sec. 1344), and all requirements of statutes, regulations, and permits relating to water quality and aquatic life in Puget Sound and Port Gardner Bay, including all reasonable and appropriate terms and conditions of any permits issued under the authority of the Washington state shoreline management act (chapter 90.58 RCW) and any applicable shoreline master program.
(3) The ability of the state of Washington to enforce the terms and conditions specified in subsection (2)(b) of this section shall include, but not be limited to: (a) The terms and conditions of the lease; (b) the section 401 water quality certification under the clean water act, 33 U.S.C. Sec. 1251, et seq.; (c) the comprehensive environmental response, compensation, and liability act, 42 U.S.C. Sec. 9601, et seq.; (d) the resource conservation and recovery act, 42 U.S.C. Sec. 6901, et seq.; or (e) any other applicable federal or state law.
[ 2005 c 155 § 606; 1987 c 271 § 3. Formerly RCW 79.95.060.]
NOTES:
Severability—1987 c 271: See note following RCW 79.130.050.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.130 - Aquatic Lands—Beds of Navigable Waters. › 79.130.070 - Exchange of bedlands—Cowlitz river.

RCW 79.130.070
Exchange of bedlands—Cowlitz river.
(1) The department is authorized to exchange bedlands abandoned through rechanneling of the Cowlitz river near the confluence of the Columbia river so that the state obtains clear title to the Cowlitz river as it now exists or where it may exist in the future through the processes of erosion and accretion.
(2) The department is also authorized to exchange bedlands and enter into boundary line agreements to resolve any disputes that may arise over the location of state-owned lands now comprising the dike that was created in the 1920s.
(3) For purposes of chapter 150, Laws of 2001, "Cowlitz river near the confluence of the Columbia river" means those tidelands and bedlands of the Cowlitz river fronting and abutting sections 10, 11, and 14, township 7 north, range 2 west, Willamette Meridian and fronting and abutting the Huntington Donation Land Claim No. 47 and the Blakeny Donation Land Claim No. 43, township 7 north, range 2 west, Willamette Meridian.
(4) Nothing in chapter 150, Laws of 2001 shall be deemed to convey to the department the power of eminent domain.
[ 2003 c 334 § 454; 2001 c 150 § 2. Formerly RCW 79.90.458, 79.08.260.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—2001 c 150: "(1) The legislature finds that in the 1920s the Cowlitz river near the confluence of the Columbia river in Longview, Washington was diverted from its original course by dredging and construction of a dike. As a result, a portion of the original bed of the Cowlitz river became a nonnavigable body of shallow water. Another portion of the original bed of the Cowlitz river became part of a dike and is indistinguishable from existing islands. The main channel of the Cowlitz river was diverted over uplands to the south of the original bed and has continued as a navigable channel.
(2) The legislature finds that continued ownership of the nonnavigable portion of the original bed of the Cowlitz river near the confluence of the Columbia river no longer serves the state's interest in navigation. Ownership of the existing navigable bed of the Cowlitz river would better serve the state's interest in navigation. It is also in the state's interest to resolve any disputes that have arisen because state-owned land is now indistinguishable from privately owned land within the dike." [ 2001 c 150 § 1.]
Severability—2001 c 150: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2001 c 150 § 3.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.001 - Intent—2005 c 155.

RCW 79.135.001
Intent—2005 c 155.
See RCW 79.105.001.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.010 - Bush act/Callow act lands.

RCW 79.135.010
Bush act/Callow act lands.
(1) A person in possession of real property conveyed by the state of Washington pursuant to the authority of chapter 24, Laws of 1895 (Bush act) or chapter 25, Laws of 1895 (Callow act), wherein such lands are subject to a possibility of reversion, shall heretofore have and are granted the further right to use all of the property for the purpose of cultivating and propagating clams and any shellfish.
(2) The rights granted under subsection (1) of this section do not include the right to use subtidal portions of Bush act and Callow act lands for the harvest and cultivation of any species of shellfish that had not commenced prior to December 31, 2001.
(3) For the purposes of this section, harvest and cultivation of any species of shellfish shall not be deemed to have commenced unless the subtidal portions of the land had been planted with that species of shellfish prior to December 31, 2001.
(4) No vested rights in shellfish cultivation may be impaired by any of the provisions of chapter 123, Laws of 2002, nor is anything other than what is stated in subsection (2) of this section intended to grant any further rights in the subtidal lands than what was originally included under the intent of the Bush and Callow acts.
[ 2002 c 123 § 2. Formerly RCW 79.90.570.]
NOTES:
Findings—2002 c 123: "The legislature declares that shellfish farming provides a consistent source of quality food, offers opportunities of new jobs, increases farm income stability, and improves balance of trade. The legislature also finds that many areas of the state of Washington are scientifically and biologically suitable for shellfish farming, and therefore the legislature has encouraged and promoted shellfish farming activities, programs, and development with the same status as other agricultural activities, programs, and development within the state. It being the policy of this state to encourage the development and expansion of shellfish farming within the state and to promote the development of a diverse shellfish farming industry, the legislature finds that the uncertainty surrounding reversionary clauses contained in Bush act and Callow act deeds is interfering with this policy. The legislature finds that uncertainty of the grant of rights for the claim and other shellfish culture as contained in chapter 166, Laws of 1919 must be fully and finally resolved. It is not the intent of this act to impair any vested rights in shellfish cultivation or current shellfish aquaculture activities to which holders of Bush act and Callow act lands are entitled." [ 2002 c 123 § 1.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.020 - Sale of reserved or reversionary rights in tidelands.

RCW 79.135.020
Sale of reserved or reversionary rights in tidelands.
Upon an application to purchase the reserved and reversionary rights of the state in any tidelands sold under the provisions of chapter 24, Laws of 1895, or chapter 25, Laws of 1895, or chapter 165, Laws of 1919, or either the reserved or reversionary right if only one exists, being filed in the department's Olympia office by the owner of the tidelands, accompanied by an abstracter's certificate, or other evidence of the applicant's title to the lands, the department, if it finds the applicant is the owner of the tidelands, is authorized to inspect, appraise, and sell, if otherwise permitted under RCW 79.125.200, for not less than the appraised value, such reserved or reversionary rights of the state to the applicant, and upon payment of the purchase price to cause a deed to be issued as in the case of the sale of state lands, or upon the payment of one-fifth of the purchase price, to issue a contract of sale, providing that the remainder of the purchase price may be paid in four equal annual installments, with interest on deferred payments at the rate of six percent per annum, or sooner at the election of the contract holder, which contract shall be subject to cancellation by the department for failure to comply with its provisions, and upon the completion of the payments as provided in the contract to cause a deed to the lands described in the contract to be issued to the holder as in the case of the sale of state lands.
[ 2005 c 155 § 713; 1982 1st ex.s. c 21 § 145. Formerly RCW 79.96.120.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.040 - Aquaculture products—Sale by leaseholder.

RCW 79.135.040
Aquaculture products—Sale by leaseholder.
Aquaculture products produced on leased state-owned aquatic land may be sold by the leaseholder as prescribed by the department without competitive bid or public auction and consistent with statutes governing aquaculture leases on state-owned aquatic land.
[ 2005 c 113 § 1.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.100 - Aquatic lands used for aquaculture production and harvesting—Rents and fees—Limitations on leases.

RCW 79.135.100
Aquatic lands used for aquaculture production and harvesting—Rents and fees—Limitations on leases.
(1) If state-owned aquatic lands are used for aquaculture production or harvesting, rents and fees shall be established through competitive bidding or negotiation.
(2) After an initial twenty-three acres are leased, the department is prohibited from offering leases that would permit the intertidal commercial aquaculture of geoducks on more than fifteen acres of state-owned aquatic lands a [per] year until December 1, 2014.
(3) Any intertidal leases entered into by the department for geoduck aquaculture must be conditioned in such a way that the department can engage in monitoring of the environmental impacts of the lease's execution, without unreasonably diminishing the economic viability of the lease, and that the lease tracts are eligible to be made part of the studies conducted under RCW 28B.20.475.
(4) The department must notify all abutting landowners and any landowner within three hundred feet of the lands to be leased of the intent of the department to lease any intertidal lands for the purposes of geoduck aquaculture.
[ 2007 c 216 § 3; 1984 c 221 § 10. Formerly RCW 79.90.495.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.110 - Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.

RCW 79.135.110
Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.
(1) The beds of all navigable tidal waters in the state lying below extreme low tide, except as prohibited by Article XV, section 1 of the state Constitution shall be subject to lease for the purposes of planting and cultivating oyster beds, or for the purpose of cultivating clams or other edible shellfish, or for other aquaculture use, for periods not to exceed thirty years.
(2) Nothing in this section shall prevent any person from leasing more than one parcel, as offered by the department.
[ 2005 c 155 § 701; 1993 c 295 § 1; 1982 1st ex.s. c 21 § 134. Formerly RCW 79.96.010.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.120 - Leasing lands for shellfish cultivation or other aquaculture use—Who may lease—Application—Deposit.

RCW 79.135.120
Leasing lands for shellfish cultivation or other aquaculture use—Who may lease—Application—Deposit.
Any person desiring to lease tidelands or beds of navigable waters for the purpose of planting and cultivating oyster beds, or for the purpose of cultivating clams and other edible shellfish, shall file with the department, on a proper form, an application in writing signed by the applicant and accompanied by a map of the lands desired to be leased, describing the lands by metes and bounds tied to at least two United States government corners, and by the reference to local geography as shall suffice to convey a knowledge of the location of the lands with reasonable accuracy to persons acquainted with the vicinity, and accompanied by a deposit of ten dollars. The deposit shall be returned to the applicant in case a lease is not granted.
[ 2005 c 155 § 702; 1982 1st ex.s. c 21 § 135. Formerly RCW 79.96.020.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.140 - Leasing lands for shellfish cultivation or other aquaculture use—Survey and boundary markers.

RCW 79.135.140
Leasing lands for shellfish cultivation or other aquaculture use—Survey and boundary markers.
Before entering into possession of any leased tidelands or beds of navigable waters, the applicant shall have the lands surveyed by a registered land surveyor, and the applicant shall furnish to the department and to the director of fish and wildlife, a map of the leased premises signed and certified by the registered land surveyor. The lessee shall also mark the boundaries of the leased premises by piling monuments or other markers of a permanent nature as the director of fish and wildlife may direct.
[ 2005 c 155 § 704; 1994 c 264 § 69; 1982 1st ex.s. c 21 § 137. Formerly RCW 79.96.040.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.150 - Renewal lease—Application.

RCW 79.135.150
Renewal lease—Application.
The department may, upon the filing of an application for a renewal lease, inspect the tidelands or beds of navigable waters, and if the department deems it in the best interests of the state to re-lease the lands, the department shall issue to the applicant a renewal lease for a further period not exceeding thirty years and under the terms and conditions as may be determined by the department. However, in the case of an application for a renewal lease it shall not be necessary for the lands to be inspected and reported upon by the director of fish and wildlife.
[ 2005 c 155 § 705; 1994 c 264 § 70; 1993 c 295 § 2; 1982 1st ex.s. c 21 § 138. Formerly RCW 79.96.050.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.160 - Leasing lands for shellfish cultivation or other aquaculture use—Reversion for use other than cultivation of shellfish.

RCW 79.135.160
Leasing lands for shellfish cultivation or other aquaculture use—Reversion for use other than cultivation of shellfish.
All leases of tidelands and beds of navigable waters for the purpose of planting and cultivating oysters, clams, or other edible shellfish shall expressly provide that if at any time after the granting of the lease, the described lands shall cease to be used for the purpose of oyster beds, clam beds, or other edible shellfish beds, they shall revert to and become the property of the state and that the lands are leased only for the purpose of cultivating oysters, clams, or other edible shellfish thereon, and that the state reserves the right to enter upon and take possession of the lands if at any time the lands are used for any other purpose than the cultivation of oysters, clams, or other edible shellfish.
[ 2005 c 155 § 706; 1982 1st ex.s. c 21 § 139. Formerly RCW 79.96.060.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.170 - Leasing lands for shellfish cultivation or other aquaculture use—Abandonment—Application for other lands.

RCW 79.135.170
Leasing lands for shellfish cultivation or other aquaculture use—Abandonment—Application for other lands.
If from any cause any lands leased for the purpose of planting and cultivating oysters, clams, or other edible shellfish become unfit and valueless for any such purposes, the lessee or the lessee's assigns, upon certifying the fact under oath to the department, together with the fact that the lessee has abandoned the land, shall be entitled to make application for other lands for such purposes.
[ 2005 c 155 § 707; 1982 1st ex.s. c 21 § 140. Formerly RCW 79.96.070.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.200 - Geoduck harvest/cultivation—Survey of navigable waters by private party—Record of survey.

RCW 79.135.200
Geoduck harvest/cultivation—Survey of navigable waters by private party—Record of survey.
Beds of navigable waters held under contract or deed from the state of Washington upon which a private party is harvesting or cultivating geoduck shall be surveyed by the private party and a record of survey filed in compliance with chapter 58.09 RCW prior to harvest. Property corners will be placed in sufficient quantity and location to aid in relocation of the oyster tract lines occurring or extending below extreme low tide. Buoys on anchors must be placed intervisibly along and at angle points on any ownership boundaries that extend below extreme low tide, for the harvest term. The survey of privately owned beds of navigable waters will be established on the *Washington coordinate system in compliance with chapter 58.20 RCW and property corners labeled with their coordinates on the record of survey.
[ 2002 c 123 § 3. Formerly RCW 79.96.140.]
NOTES:
*Reviser's note: The "Washington coordinate system" was renamed the "Washington plane coordinate system" by 2020 c 50.
Findings—2002 c 123: See note following RCW 79.135.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.210 - Geoduck harvesting—Agreements, regulation—Geoduck diver safety program.

RCW 79.135.210
Geoduck harvesting—Agreements, regulation—Geoduck diver safety program.
(1) Except as provided in RCW 79.135.040, geoducks shall be sold as valuable materials under the provisions of *chapter 79.90 RCW. After confirmation of the sale, the department may enter into an agreement with the purchaser for the harvesting of geoducks. The department may place terms and conditions in the harvesting agreements as the department deems necessary. The department may enforce the provisions of any harvesting agreement by suspending or canceling the harvesting agreement or through any other means contained in the harvesting agreement. Any geoduck harvester may terminate a harvesting agreement entered into pursuant to this subsection if actions of a governmental agency, beyond the control of the harvester, its agents, or its employees, prohibit harvesting, for a period exceeding thirty days during the term of the harvesting agreement, except as provided within the agreement. Upon termination of the agreement by the harvester, the harvester shall be reimbursed by the department for the cost paid to the department on the agreement, less the value of the harvest already accomplished by the harvester under the agreement.
(2) Harvesting agreements under this title for the purpose of harvesting geoducks shall require the harvester and the harvester's agent or representatives to comply with all applicable commercial diving safety standards and regulations promulgated and implemented by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as the law exists or as amended (84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq.). However, for the purposes of this section and RCW 77.60.070, all persons who dive for geoducks are deemed to be employees as defined by the federal occupational safety and health act. All harvesting agreements shall provide that failure to comply with these standards is cause for suspension or cancellation of the harvesting agreement. Further, for the purposes of this subsection if the harvester contracts with another person or entity for the harvesting of geoducks, the harvesting agreement shall not be suspended or canceled if the harvester terminates its business relationship with such an entity until compliance with this subsection is secured.
(3) Beginning January 1, 2015, geoduck divers licensed under RCW 77.65.410 must annually complete the geoduck diver safety program established in RCW 43.30.560 in order to be maintained on a department of natural resources' harvest agreement plan of operation.
[ 2013 c 204 § 6. Prior: 2005 c 155 § 708; 2005 c 113 § 3; 2003 c 39 § 43; 1990 c 163 § 4; 1982 1st ex.s. c 21 § 141. Formerly RCW 79.96.080.]
NOTES:
*Reviser's note: Chapter 79.90 RCW was recodified and/or repealed in its entirety by 2005 c 155.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.220 - Geoduck harvesting—Designation of aquatic lands.

RCW 79.135.220
Geoduck harvesting—Designation of aquatic lands.
The department shall designate the areas of state-owned aquatic lands that are available for geoduck harvesting by licensed geoduck harvesters in accordance with *chapter 79.90 RCW.
[ 2005 c 155 § 709; 1990 c 163 § 5; 1983 1st ex.s. c 46 § 129; 1979 ex.s. c 141 § 5. Formerly RCW 79.96.085, 75.28.286.]
NOTES:
*Reviser's note: Chapter 79.90 RCW was recodified and/or repealed in its entirety by 2005 c 155.
Commercial harvesting of geoducks: RCW 77.60.070, 77.65.410.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants. › 79.135.230 - Intensive management plan for geoducks.

RCW 79.135.230
Intensive management plan for geoducks.
The department may enter into agreements with the department of fish and wildlife for the development of an intensive management plan for geoducks including the development and operation of a geoduck hatchery.
[ 2005 c 155 § 718; 1994 c 264 § 74; 1984 c 221 § 26. Formerly RCW 79.96.906.]
NOTES:
Effective date—1984 c 221: See RCW 79.105.902.