reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › RCW Dispositions › 78.28 PETROLEUM PERMITS AND LEASES ON STATE LANDS

Sections
78.28.010 through 78.28.270
[(i) 1951 c 146 § 37. (ii) 1937 c 61; RRS §§ 7797-175-7797-185q.]
Repealed by 1955 c 131 § 24.
78.28.280 Definitions.
[1955 c 131 § 1.]
Now codified as RCW 79.14.010.
78.28.290 Leases authorized — Terms — Duration.
[1955 c 131 § 2.]
Now codified as RCW 79.14.020.
78.28.300 Rental fees — Minimum royalties.
[1955 c 131 § 3.]
Now codified as RCW 79.14.030.
78.28.310 Compensation to owners of private rights and to state for surface damage.
[1955 c 131 § 4.]
Now codified as RCW 79.14.040.
78.28.320 Drilling operations beyond lease term — Lease provisions.
[1955 c 131 § 5.]
Now codified as RCW 79.14.050.
78.28.330 Surrender of lease — Liability.
[1955 c 131 § 6.]
Now codified as RCW 79.14.060.
78.28.340 Royalties.
[1955 c 131 § 7.]
Now codified as RCW 79.14.070.
78.28.350 Leases of land within a geologic structure.
[1955 c 131 § 8.]
Now codified as RCW 79.14.080.
78.28.360 Cancellation of leases — New leases.
[1955 c 131 § 9.]
Now codified as RCW 79.14.090.
78.28.370 Cooperative or unit plans — Communization or drilling agreements.
[1955 c 131 § 10.]
Now codified as RCW 79.14.100.
78.28.380 Customary provisions in leases.
[1955 c 131 § 11.]
Now codified as RCW 79.14.110.
78.28.390 Rules and regulations.
[1955 c 131 § 12.]
Now codified as RCW 79.14.120.
78.28.400 Wells to be located minimum distance from boundaries — Exception.
[1955 c 131 § 13.]
Now codified as RCW 79.14.130.
78.28.410 Rights-of-way over public lands — Payment for timber.
[1955 c 131 § 14.]
Now codified as RCW 79.14.140.
78.28.420 Sales of timber — Rules.
[1955 c 131 § 15.]
Now codified as RCW 79.14.150.
78.28.430 Development after discovery.
[1955 c 131 § 16.]
Now codified as RCW 79.14.160.
78.28.440 Spacing and offsetting of wells.
[1955 c 131 § 17.]
Now codified as RCW 79.14.170.
78.28.450 Lands may be withheld from leasing.
[1955 c 131 § 18.]
Now codified as RCW 79.14.180.
78.28.460 Payment of royalty share — Royalty in kind.
[1955 c 131 § 19.]
Now codified as RCW 79.14.190.
78.28.470 Prior permits validated — Relinquishment for new leases.
[1955 c 131 § 20.]
Now codified as RCW 79.14.200.
78.28.480 Assignments and subleases of leases.
[1955 c 131 § 21.]
Now codified as RCW 79.14.210.
78.28.490 Appeal from rulings of commissioner.
[1955 c 131 § 22.]
Now codified as RCW 79.14.220.
78.28.900 Severability.
[1955 c 131 § 23.]
Now codified as RCW 79.14.900.
Comparative Table
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › RCW Dispositions › 78.44 SURFACE MINING

Sections
78.44.030 Definitions.
[1987 c 258 § 1; 1984 c 215 § 1; 1970 ex.s. c 64 § 4.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.035 "Segment" to be defined by rule.
[1987 c 258 § 3.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.080 Operating permits — Required — Applications.
[1970 ex.s. c 64 § 9.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.090 Reclamation plans.
[1970 ex.s. c 64 § 10.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.100 Inspections — Permits — Duration of operating permits — Modification of reclamation plan — Successor operators.
[1984 c 215 § 3; 1970 ex.s. c 64 § 11.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.110 Fees.
[1987 c 258 § 2; 1984 c 215 § 4; 1970 ex.s. c 64 § 12.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.120 Performance bonds and other security.
[1984 c 215 § 5; 1977 c 66 § 1; 1970 ex.s. c 64 § 13.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.130 Reports.
[1970 ex.s. c 64 § 14.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.140 Inspection of permit area — Deficiencies — Extension of performance periods — Performance actions by department — Recovery of expenses — Enforcement.
[1989 c 230 § 1; 1984 c 215 § 6; 1970 ex.s. c 64 § 15.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.150 Operating without permit — Penalty.
[1993 c 518 § 34; 1970 ex.s. c 64 § 16.]
Recodified as RCW 78.44.260 pursuant to 1993 c 518 § 40, effective July 1, 1993.
78.44.160 Enjoining or stopping illegal operations — Penalty — Notice — Remission or mitigation of penalty — Appeal.
[1984 c 215 § 7; 1970 ex.s. c 64 § 17.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.170 Appeals.
[1993 c 518 § 35; 1989 c 175 § 166; 1970 ex.s. c 64 § 18.]
Recodified as RCW 78.44.270 pursuant to 1993 c 518 § 40, effective July 1, 1993.
78.44.175 Surface mining of coal — Preemption of chapter by federal laws, programs.
[1984 c 215 § 8.]
Recodified as RCW 78.44.055 pursuant to 1993 c 518 § 40, effective July 1, 1993.
78.44.180 Confidentiality.
[1970 ex.s. c 64 § 20.]
Repealed by 1993 c 518 § 39, effective July 1, 1993.
78.44.900 Existing operations — Temporary permits.
[1970 ex.s. c 64 § 19.]
Repealed by 1984 c 215 § 9.
78.44.930 Severability-1970 ex.s. c 64.
[1970 ex.s. c 64 § 24.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › RCW Dispositions › 78.48 MINE TO MARKET ROADS

Sections
78.48.010 Commission — Members — Chairman.
[1939 c 175 § 1; RRS § 6450-25a.]
Repealed by 1975 1st ex.s. c 139 § 1.
78.48.020 Mine to market road defined.
[1945 c 222 § 1; 1939 c 175 § 2; Rem. Supp. 1945 § 6450-25b.]
Repealed by 1975 1st ex.s. c 139 § 1.
78.48.030 Petition — Filing — Contents.
[1945 c 222 § 2; 1943 c 146 § 1; 1939 c 175 § 3; Rem. Supp. 1945 § 6450-25c.]
Repealed by 1975 1st ex.s. c 139 § 1.
78.48.040 Action on petition by the commission.
[1945 c 222 § 3; 1943 c 146 § 2; 1939 c 175 § 4; Rem. Supp. 1945 § 6450-25d.]
Repealed by 1975 1st ex.s. c 139 § 1.
78.48.050 Right-of-way — Construction.
[1945 c 222 § 4; 1943 c 146 § 3; 1939 c 175 § 5; Rem. Supp. 1945 § 6450-25e.]
Repealed by 1975 1st ex.s. c 139 § 1.
78.48.060 Counties notified when road is completed — Maintenance.
[1945 c 222 § 6; 1939 c 175 § 7; Rem. Supp. 1945 § 6450-25g.]
Repealed by 1975 1st ex.s. c 139 § 1.
78.48.080 Funds and contributions — Expenditure.
[1973 c 106 § 36; 1951 c 49 § 1; 1945 c 222 § 5; 1943 c 146 § 4; 1939 c 175 § 6; Rem. Supp. 1945 § 6450-25f.]
Repealed by 1975 1st ex.s. c 139 § 1.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › RCW Dispositions › 78.52 OIL AND GAS CONSERVATION

Sections
78.52.020 Conservation committee created.
[1988 c 128 § 49; 1983 c 253 § 31; 1971 ex.s. c 180 § 7; 1961 c 300 § 7; 1951 c 146 § 4.]
Repealed by 1994 sp.s. c 9 § 869, effective July 1, 1994.
78.52.045 Committee to participate in and administer federal Safe Drinking Water Act in conjunction with the departments of ecology, natural resources, and social and health services.
Cross-reference section, decodified September 2011.
78.52.060 Hearings in general.
[1951 c 146 § 5.]
Now codified as RCW 78.52.025.
78.52.080 Conduct of hearings — Evidence.
[1951 c 146 § 7.]
Now codified as RCW 78.52.031.
78.52.090 Failure of witness to attend or testify — Contempt.
[1951 c 146 § 8.]
Now codified as RCW 78.52.033.
78.52.110 Attorney for committee.
[1951 c 146 § 9.]
Now codified as RCW 78.52.035.
78.52.160 Powers of committee with respect to petroleum industry.
[1951 c 146 § 18.]
Repealed by 1983 c 253 § 33.
78.52.170 Committee may regulate production, storage, transportation and refining operations.
[1951 c 146 § 19.]
Repealed by 1983 c 253 § 33.
78.52.180 Production may be restricted.
[1951 c 146 § 20.]
Repealed by 1983 c 253 § 33.
78.52.190 Classification of wells authorized.
[1951 c 146 § 21.]
Repealed by 1983 c 253 § 33.
78.52.340 Unit operation for conduct of secondary recovery operations.
[1951 c 146 § 36.]
Repealed by 1983 c 253 § 33.
78.52.350 Unit plan — Requisites in general.
[1951 c 146 § 38.]
Repealed by 1983 c 253 § 33.
78.52.360 Unit plan — Provisions for financing and allocation of costs.
[1951 c 146 § 39.]
Repealed by 1983 c 253 § 33.
78.52.370 Unit plan — Additional provisions.
[1951 c 146 § 40.]
Repealed by 1983 c 253 § 33.
78.52.380 Unit plan proposal — Hearing required.
[1951 c 146 § 41.]
Repealed by 1983 c 253 § 33.
78.52.390 Unit plan proposal — Notice of hearing.
[1951 c 146 § 42.]
Repealed by 1983 c 253 § 33.
78.52.400 Unit plan proposal — Hearing, notice of continuance on recess.
[1951 c 146 § 43.]
Repealed by 1983 c 253 § 33.
78.52.410 Unit plan proposal — Findings and order on hearing.
[1951 c 146 § 44.]
Repealed by 1983 c 253 § 33.
78.52.420 Unit plan proposal — Leases and contracts conformed to unit plan.
[1951 c 146 § 45.]
Repealed by 1983 c 253 § 33.
78.52.430 Operations contrary to unit plan prohibited.
[1951 c 146 § 46.]
Repealed by 1983 c 253 § 33.
78.52.440 Amendment of unit plan.
[1951 c 146 § 47.]
Repealed by 1983 c 253 § 33.
78.52.500 Transcript — Filing — Scope of review — Appeal.
[1971 c 81 § 138; 1951 c 146 § 53.]
Repealed by 1983 c 253 § 33.
78.52.510 Hearing the appeal — New or additional evidence — Effect of affirmation.
[1951 c 146 § 54.]
Repealed by 1983 c 253 § 33.
78.52.520 Stay, pending appeal.
[1951 c 146 § 55.]
Repealed by 1983 c 253 § 33.
78.52.921 Severability-1983 c 253.
[1983 c 253 § 34.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › RCW Dispositions › 78.60 GEOTHERMAL RESOURCES

Sections
78.60.900 Severability-1974 ex.s. c 43.
[1974 ex.s. c 43 § 32. Formerly RCW 79.76.900.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.04 - Mining Corporations. › 78.04.010 - Right of eminent domain.

RCW 78.04.010
Right of eminent domain.
The right of eminent domain is hereby extended to all corporations incorporated or that may hereafter be incorporated under the laws of this state or any state or territory of the United States, and doing business in this state, for the purpose of acquiring, owning or operating mines, mills or reduction works, or mining or milling gold and silver or other minerals, which may desire to erect and operate surface tramways or elevated cable tramways for the purpose of carrying, conveying or transporting the products of such mines, mills or reduction works.
[ 1897 c 60 § 1; RRS § 8608. FORMER PART OF SECTION: 1897 c 60 § 2; RRS § 8609 now codified as RCW 78.04.015.]
NOTES:
Water rights—Appropriation for industrial (mining) purposes: RCW 90.16.020 and 90.16.030.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.04 - Mining Corporations. › 78.04.015 - Right of entry.

RCW 78.04.015
Right of entry.
Every corporation incorporated or that may hereafter be incorporated under the laws of this state or any state or territory of the United States, and doing business in this state, for the purpose of acquiring, owning or operating mines, mills or reduction works, or mining or milling gold and silver or other minerals, which may desire to erect and operate surface tramways or elevated cable tramways for the purpose of carrying, conveying or transporting the products of such mines, mills or reduction works, shall have the right to enter upon any land between the termini of the proposed lines for the purpose of examining, locating and surveying such lines, doing no unnecessary damage thereby.
[ 1897 c 60 § 2; RRS § 8609. Formerly RCW 87.04.010, part.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.04 - Mining Corporations. › 78.04.020 - Manner of exercising right of eminent domain.

RCW 78.04.020
Manner of exercising right of eminent domain.
Every such corporation shall have the right to appropriate real estate or other property for right-of-way in the same manner and under the same procedure as now is or may be hereafter provided by the law in the case of other corporations authorized by the laws of this state to exercise the right of eminent domain.
[ 1897 c 60 § 3; RRS § 8610.]
NOTES:
Eminent domain by corporations: Chapter 8.20 RCW.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.04 - Mining Corporations. › 78.04.030 - No stock subscription necessary.

RCW 78.04.030
No stock subscription necessary.
In incorporations already formed, or which may hereafter be formed under *this chapter, where the amount of the capital stock of such corporation consists of the aggregate valuation of the whole number of feet, shares, or interest in any mining claim in this state, for the working and development of which such corporation shall be or have been formed, no actual subscription to the capital stock of such corporation shall be necessary; but each owner in said mining claim shall be deemed to have subscribed such an amount to the capital stock of such corporation as under its bylaws will represent the value of so much of his or her interest in said mining claim, the legal title to which he or she may by deed, deed of trust, or other instrument vest, or have vested in such corporation for mining purposes; such subscription to be deemed to have been made on the execution and delivery to such corporation of such deed, deed of trust, or other instrument; nor shall the validity of any assessment levied by the board of trustees of such corporation be affected by the reason of the fact that the full amount of the capital stock of such corporation, as mentioned in its certificate of incorporation, shall not have been subscribed as provided in this section: PROVIDED, That the greater portion of said amount of capital stock shall have been so subscribed: AND, PROVIDED FURTHER, That this section shall not be so construed as to prohibit the stockholders of any corporation formed, or which may be formed, for mining purposes as provided in this section, from regulating the mode of making subscriptions to its capital stock and calling in the same by bylaws or express contract.
[ 2013 c 23 § 247; Code 1881 § 2446; 1873 p 407 § 26; 1869 p 339 § 28; 1866 p 65 § 28; RRS § 8611.]
NOTES:
*Reviser's note: The two remaining sections of "this chapter" (Code 1881 c CLXXXV) are codified in RCW 78.04.030 above and RCW 90.16.010.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.04 - Mining Corporations. › 78.04.040 - Right of stockholder to enter and examine property.

RCW 78.04.040
Right of stockholder to enter and examine property.
Any owner of stock to the amount of one thousand shares, in any corporation doing business under the laws of the state of Washington for the purposes of mining, shall, at all hours of business or labor on or about the premises or property of such corporation, have the right to enter upon such property and examine the same, either on the surface or underground. And it is hereby made the duty of any and all officers, managers, agents, superintendents, or persons in charge, to allow any such stockholder to enter upon and examine any of the property of such corporation at any time during the hours of business or labor; and the presentation of certificates of stock in the corporation of the amount of one thousand shares, to the officer or person in charge, shall be prima facie evidence of ownership and right to enter upon or into, and make examinations of the property of the corporation.
[ 1901 c 120 § 1; RRS § 8612.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.04 - Mining Corporations. › 78.04.050 - Penalty for violations under RCW 78.04.040.

RCW 78.04.050
Penalty for violations under RCW 78.04.040.
Any violation of any of the provisions of RCW 78.04.040 by any officer or agent of such corporation shall constitute a misdemeanor, and upon conviction thereof every such officer or agent shall be fined in a sum not greater than two hundred dollars for each offense.
[ 1901 c 120 § 2; RRS § 8613.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.06 - Mining Claims—Survey Reports. › 78.06.010 - Definitions.

RCW 78.06.010
Definitions.
Words or terms used herein have the following meanings:
(1) "Geological surveys" means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate to the search for and discovery of mineral deposits.
(2) "Geochemical surveys" means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate to the search for and discovery of mineral deposits.
(3) "Geophysical surveys" means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods for measuring physical differences between rock types or discontinuities in geological formations.
[ 1959 c 119 § 1.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.06 - Mining Claims—Survey Reports. › 78.06.020 - Duplicate survey reports to be filed with county auditor—Contents.

RCW 78.06.020
Duplicate survey reports to be filed with county auditor—Contents.
All reports of geological, geophysical, or geochemical surveys on mining claims which may be filed with the auditor of any county in this state pursuant to United States Public Law 85-876 or amendments or revisions thereto shall be so filed in duplicate, and shall set forth fully:
(1) The location of the survey performed in relation to the point of discovery and boundaries of the claim.
(2) The nature, extent, and cost of the survey.
(3) The date the survey was commenced and the date completed.
(4) The basic findings therefrom.
(5) The name, address, and professional background of the person or persons performing or conducting the survey.
[ 1959 c 119 § 2.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.06 - Mining Claims—Survey Reports. › 78.06.030 - Auditor to forward survey reports to department of natural resources.

RCW 78.06.030
Auditor to forward survey reports to department of natural resources.
All county auditors receiving for filing duplicate copies of geological, geochemical, and geophysical survey reports on mining claims shall forward, monthly, one copy of each report received to the department of natural resources.
[ 1988 c 127 § 31; 1959 c 119 § 3.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.005 - Prior claims, how governed.

RCW 78.08.005
Prior claims, how governed.
All mining claims upon veins or lodes of quartz or other rock in place, bearing gold, silver or other valuable mineral deposits heretofore located, shall be governed as to length along the vein or lode by the customs, regulations and laws in force at the date of such location.
[ 1887 c 87 § 1; RRS § 8615.]
NOTES:
For earlier acts on this subject, see: 1867 pp 146-147, 1869 pp 386-388, 1873 pp 444-446, 1875 pp 126-127, 1877 pp 335-336. See also, act of congress, May 10, 1872.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.020 - Extent of lode claims.

RCW 78.08.020
Extent of lode claims.
A mining claim located upon any vein or lode of quartz or other rock in place, bearing gold, silver or other valuable mineral deposits, after the approval of *this act by the governor, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claims located. No claims shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claims be limited by any mining regulation to less than fifty feet of surface on each side of the middle of such vein or lode at the surface, excepting where adverse rights, existing at the date of the approval of this act, shall make such limitation necessary. The end lines of each claim shall be parallel to each other.
[ 1887 c 87 § 2; RRS § 8616.]
NOTES:
*Reviser's note: "this act" [1887 c 87], is codified in RCW 78.08.005 through 78.08.040; "date of the approval of this act" was February 2, 1888.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.030 - Rights of locators.

RCW 78.08.030
Rights of locators.
The locators of all mining locations heretofore made or hereafter made under the provisions of RCW 78.08.005 through 78.08.040, on any mineral vein, lode or ledge on the public domain, and their heirs and assigns so long as they comply with the laws of the United States and the state and local laws relating thereto, shall have the exclusive right to the possession and enjoyment of all surface included within the lines of their location, and of all veins, lodes and ledges throughout their entire depth, and the top or apex of which lies within the surface lines of such location, extending downward vertically, although such veins, lodes or ledges may so far depart from the perpendicular in their course downward as to extend outside of the vertical side line of said surface location.
[ 1887 c 87 § 3; RRS § 8617.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.040 - Recording instruments affecting claim.

RCW 78.08.040
Recording instruments affecting claim.
All location notices, bonds, assignments and transfers of mining claims shall be recorded in the office of the county auditor of the county where the same is situated within thirty days after the execution thereof.
[ 1979 ex.s. c 30 § 15; 1887 c 87 § 7; RRS § 8621.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.050 - Location notices—Contents—Recording.

RCW 78.08.050
Location notices—Contents—Recording.
The discoverer of a lode shall within ninety days from the date of discovery, record in the office of the auditor of the county in which such lode is found, a notice containing the name or names of the locators, the date of the location, the number of feet in length claimed on each side of the discovery, the general course of the lode and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
[ 1899 c 45 § 1; RRS § 8622.]
NOTES:
For earlier acts on this subject, see: 1867 pp 146-147, 1869 pp 386-388, 1873 pp 444-446, 1875 pp 126-127, 1877 pp 335-336, 1887 c 87; see also, act of congress, May 10, 1872.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.060 - Staking of claim—Requisites—Right of person diligently engaged in search.

RCW 78.08.060
Staking of claim—Requisites—Right of person diligently engaged in search.
(1) Before filing such notice for record, the discoverer shall locate his or her claim by posting at the discovery at the time of discovery a notice containing the name of the lode, the name of the locator or locators, and the date of discovery, and marking the surface boundaries of the claim by placing substantial posts or stone monuments bearing the name of the lode and date of location; one post or monument must appear at each corner of such claim; such posts or monuments must be not less than three feet high; if posts are used they shall be not less than four inches in diameter and shall be set in the ground in a substantial manner. If any such claim be located on ground that is covered wholly or in part with brush or trees, such brush shall be cut and trees be marked or blazed along the lines of such claim to indicate the location of such lines.
(2) Prior to valid discovery the actual possession and right of possession of one diligently engaged in the search for minerals shall be exclusive as regards prospecting during continuance of such possession and diligent search. As used in this section, "diligently engaged" shall mean performing not less than one hundred dollars worth of annual assessment work on or for the benefit of the claim or paying any fee or fees in lieu of assessment work in such year or years it is required under federal law, or any larger amount that may be designated now or later by the federal government for annual assessment work.
[ 1995 c 114 § 1; 1965 c 151 § 1; 1963 c 64 § 1; 1949 c 12 § 1; 1899 c 45 § 2; RRS § 8623.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.070 - Cut, excavation, tunnel or test hole in lieu of discovery shaft.

RCW 78.08.070
Cut, excavation, tunnel or test hole in lieu of discovery shaft.
Any open cut, excavation or tunnel which cuts or exposes a lode and from which a total of two hundred cubic feet of material has been removed or in lieu thereof a test hole drilled on the lode to a minimum depth of twenty feet from the collar, shall hold the lode the same as if a discovery shaft were sunk thereon, and shall be equivalent thereto.
[ 1955 c 357 § 1; 1899 c 45 § 3; RRS § 8624.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.072 - Holding claim by geological, etc., survey—Report of survey.

RCW 78.08.072
Holding claim by geological, etc., survey—Report of survey.
Any geological, geochemical, or geophysical survey which reasonably involves a direct expenditure on or for the benefit of each claim of not less than the one hundred dollars worth of annual assessment work required under federal statute or regulations shall hold such claim for not more than two consecutive years or more than a total of five years: PROVIDED, That a written report of such survey shall be filed with the county auditor at the time annual assessment work is recorded as required under federal statute, and said written report shall set forth fully:
(1) The location of the survey performed in relation to the point of discovery or location notice and boundaries of the claim.
(2) The nature, extent, and cost of the survey.
(3) The date the survey was commenced and the date completed.
(4) The basic findings therefrom.
(5) The name, address, and professional background of the person or persons performing or conducting the survey.
[ 1965 c 151 § 2; 1963 c 64 § 2; 1959 c 114 § 1.]
NOTES:
Reports of geological, etc., surveys: Chapter 78.06 RCW.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.075 - "Lode" defined.

RCW 78.08.075
"Lode" defined.
The term "lode" as used in RCW 78.08.050 through 78.08.115 shall be construed to mean ledge, vein or deposit.
[ 1983 c 3 § 197; 1899 c 45 § 4; RRS § 8625. Formerly RCW 78.08.010.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.080 - Amended certificate of location.

RCW 78.08.080
Amended certificate of location.
If at any time the locator of any quartz or lode mining claim heretofore or hereafter located, or his or her assigns, shall learn that his or her original certificate was defective or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his or her surface boundaries or of taking in any additional ground which is subject to location, or in any case the original certificate was made prior to the *passage of this law, and he or she shall be desirous of securing the benefits of RCW 78.08.050 through 78.08.115, such locator or his or her assigns may file an amended certificate of location, subject to the provisions of RCW 78.08.050 through 78.08.115, regarding the making of new locations.
[ 2013 c 23 § 248; 1983 c 3 § 198; 1899 c 45 § 5; RRS § 8626.]
NOTES:
*Reviser's note: "passage of this law": 1899 c 45 (H.B. 272) passed the house, February 27, 1899; passed the senate, March 7, 1899, and was approved by the governor March 8, 1899.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.081 - Assessment work, affidavit of work performed or affidavit of fees paid.

RCW 78.08.081
Assessment work, affidavit of work performed or affidavit of fees paid.
Within thirty days after the expiration of the period of time fixed for the performance of annual labor or the making of improvements upon any quartz or lode mining claim or premises, the person in whose behalf such work or improvement was made or some person for him or her knowing the facts, shall make and record in the office of the county auditor of the county wherein such claims are situate either an affidavit or oath of labor performed on such claim, or affidavit or oath of fee or fees paid to the federal government in lieu of the annual labor requirement. Such affidavit shall state the exact amount of fee or fees paid, or the kind of labor, including the number of feet of shaft, tunnel or open cut made on such claim, or any other kind of improvements allowed by law made thereon. When both fee and labor requirements have been waived by the federal government, such affidavit will contain a statement to that effect and the state shall not require labor to be performed. Such affidavit shall contain the section, township and range in which such lode is located if the location be in a surveyed area.
[ 1995 c 114 § 2; 1979 ex.s. c 30 § 16; 1955 c 357 § 3; 1899 c 45 § 6; RRS § 8627.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.082 - Affidavit is prima facie evidence.

RCW 78.08.082
Affidavit is prima facie evidence.
Such affidavit when so recorded shall be prima facie evidence of the performance of such labor or the making of such improvements, and such original affidavit after it has been recorded, or a certified copy of record of same, shall be received as evidence accordingly by all the courts of this state.
[ 1899 c 45 § 7; RRS § 8628.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.090 - Relocating abandoned claim.

RCW 78.08.090
Relocating abandoned claim.
The relocation of a forfeited or abandoned quartz or lode claim shall only be made by sinking a new discovery shaft, or in lieu thereof performing at least an equal amount of development work within the borders of the claim, and fixing new boundaries in the same manner and to the same extent as is required in making a new location, or the relocator may sink the original discovery shaft ten feet deeper than it was at the date of commencement of such relocation, and shall erect new, or make the old monuments the same as originally required; in either case a new location monument shall be erected.
[ 1949 c 12 § 2; 1899 c 45 § 8; RRS § 8629.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.100 - Location of placer claims.

RCW 78.08.100
Location of placer claims.
The discoverer of placers or other forms of deposits subject to location and appropriation under mining laws applicable to placers shall locate his or her claim in the following manner:
First. He or she must immediately post in a conspicuous place at the point of discovery thereon, a notice or certificate of location thereof, containing (1) the name of the claim; (2) the name of the locator or locators; (3) the date of discovery and posting of the notice hereinbefore provided for, which shall be considered as the date of the location; (4) a description of the claim by reference to legal subdivisions of sections, if the location is made in conformity with the public surveys, otherwise, a description with reference to some natural object or permanent monuments as will identify the claim; and where such claim is located by legal subdivisions of the public surveys, such location shall, notwithstanding that fact, be marked by the locator upon the ground the same as other locations.
Second. Within thirty days from the date of such discovery, he or she must record such notice or certificate of location in the office of the auditor of the county in which such discovery is made, and so distinctly mark his or her location on the ground that its boundaries may be readily traced.
Third. Within sixty days from the date of discovery, the discoverer shall perform labor upon such location or claim in developing the same to an amount which shall be equivalent in the aggregate to at least ten dollars worth of such labor for each twenty acres, or fractional part thereof, contained in such location or claim: PROVIDED, HOWEVER, That nothing in this subdivision shall be held to apply to lands located under the laws of the United States as placer claims for the purpose of the development of petroleum and natural gas and other natural oil products.
Fourth. Such locator shall, upon the performance of such labor, file with the auditor of the county an affidavit showing such performance and generally the nature and kind of work so done.
[ 2013 c 23 § 249; 1901 c 137 § 1; 1899 c 45 § 10; RRS § 8631.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.110 - Affidavit as proof.

RCW 78.08.110
Affidavit as proof.
The affidavit provided for in the last section, and the aforesaid placer notice or certificate of location when filed for record, shall be prima facie evidence of the facts therein recited. A copy of such certificate, notice or affidavit certified by the county auditor shall be admitted in evidence in all actions or proceeding with the same effect as the original and the provisions of RCW 78.08.081 and 78.08.082 shall apply to placer claims as well as lode claims.
[ 1899 c 45 § 11; RRS § 8632.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.08 - Location of Mining Claims. › 78.08.115 - Application of RCW 78.08.050 through 78.08.115.

RCW 78.08.115
Application of RCW 78.08.050 through 78.08.115.
All locations of quartz or placer formations or deposits hereafter made shall conform to the requirements of RCW 78.08.050 through 78.08.115 insofar as the same are respectively applicable thereto.
[ 1983 c 3 § 199; 1899 c 45 § 12; RRS § 8633.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.12 - Abandoned Shafts and Excavations. › 78.12.010 - Shafts, excavations to be fenced.

RCW 78.12.010
Shafts, excavations to be fenced.
Any person or persons, company, or corporation who shall hereafter dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession, under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated for the purpose of mining, to obtain water, or for any other purpose, within this state, shall, during the time they may be employed in digging, sinking or excavating, or after they have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences or other safeguards, and keep the same in good repair around such works or shafts sufficient to securely guard against danger to persons and animals from falling into such shafts or excavations.
[ 1890 p 121 § 1; RRS § 8857.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.12 - Abandoned Shafts and Excavations. › 78.12.020 - Complaint—Contents.

RCW 78.12.020
Complaint—Contents.
Three persons being residents of the county, and knowing or having reason to believe that the provisions of RCW 78.12.010 are being or have been violated within such county, may file a notice with any district or municipal court therein, which notice shall be in writing, and shall state—First, the location, as near as may be, of the hole, excavation or shaft. Second, that the same is dangerous to persons or animals, and has been left or is being worked contrary to the provisions of this chapter. Third, the name of the person or persons, company or corporation who is or are the owners of the same, if known, or if unknown, the persons who were known to be employed therein. Fourth, if abandoned and no claimant; and Fifth, the estimated cost of fencing or otherwise securing the same against any avoidable accidents.
[ 1987 c 202 § 231; 1987 c 3 § 19; 1890 p 121 § 2; RRS § 8858.]
NOTES:
Severability—1987 c 3: See note following RCW 3.70.010.
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.12 - Abandoned Shafts and Excavations. › 78.12.030 - Order to serve notice.

RCW 78.12.030
Order to serve notice.
Upon the filing of the notice, as provided in RCW 78.12.020, the district or municipal court shall issue an order, directed to the sheriff of the county or to any constable or city marshal therein, directing such officer to serve a notice in manner and form as is prescribed by law for service of summons upon any person or persons or the authorized agent or agents of any company or corporation named in the notice on file, as provided in RCW 78.12.020.
[ 1984 c 258 § 139; 1890 p 121 § 3; RRS 8859.]
NOTES:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.12 - Abandoned Shafts and Excavations. › 78.12.040 - Notice—Contents—Civil and criminal penalties.

RCW 78.12.040
Notice—Contents—Civil and criminal penalties.
The notice thus served shall require the said persons to appear before the judge issuing the same, at a time to be stated therein, not more than ten nor less than three days from the service of said notice, and show to the satisfaction of the court that the provisions of this chapter have been complied with; or if said person or persons fail to appear, judgment will be entered against said person or persons for double the amount stated in the notice on file; and all proceedings had therein shall be as prescribed by law in civil cases; and such persons, in addition to any judgment that may be rendered against them, shall be liable and subject to a fine not exceeding the sum of one hundred dollars for each and every violation of the provisions of this chapter, which judgments and fines shall be adjudged and collected as provided for by law.
[ 1987 c 202 § 232; 1890 p 122 § 4; RRS § 8860.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.12 - Abandoned Shafts and Excavations. › 78.12.050 - Suit in name of state—Disposition of proceeds.

RCW 78.12.050
Suit in name of state—Disposition of proceeds.
Suits commenced under the provisions of this chapter shall be in the name of the state of Washington, and all judgments and fines collected shall be paid into the county treasury for county purposes: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
[ 1987 c 202 § 233; 1969 ex.s. c 199 § 34; 1890 p 122 § 5; RRS § 8861.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
Disposition of costs, fines, fees, penalties, and forfeitures: RCW 10.82.070.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.12 - Abandoned Shafts and Excavations. › 78.12.060 - Procedure when shaft unclaimed.

RCW 78.12.060
Procedure when shaft unclaimed.
If the notice filed with the district or municipal court, as aforesaid, shall state that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the court shall notify the county legislative authority of the location of the same, and they shall, as soon as possible thereafter, cause the same to be so fenced, or otherwise guarded, as to prevent accidents to persons or animals; and all expenses thus incurred shall be paid as other county expenses: PROVIDED, That nothing herein contained shall be so construed as to compel the county commissioners to fill up, fence or otherwise guard any shaft, excavation or hole, unless in their discretion, the same may be considered dangerous to persons or animals.
[ 1987 c 202 § 234; 1987 c 3 § 20; 1890 p 122 § 6; RRS § 8862.]
NOTES:
Severability—1987 c 3: See note following RCW 3.70.010.
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.12 - Abandoned Shafts and Excavations. › 78.12.061 - Safety cage in mining shaft—Regulations.

RCW 78.12.061
Safety cage in mining shaft—Regulations.
(1) It shall be unlawful for any person or persons, company or companies, corporation or corporations, to sink or work through any vertical shaft at a greater depth than one hundred and fifty feet, unless the shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations. The safety apparatus, whether consisting of eccentrics, springs or other device, shall be securely fastened to the cage, and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk, provided the cable shall break. The iron bonnet shall be made of boiler sheet iron of a good quality, of at least three-sixteenths of an inch in thickness, and shall cover the top of the cage in such manner as to afford the greatest protection to life and limb from any matter falling down the shaft.
(2) Any person or persons, company or companies, or corporation or corporations, who shall neglect, fail, or refuse to comply with this section is guilty of a misdemeanor and shall be fined not less than five hundred dollars nor more than one thousand dollars.
[ 2003 c 53 § 377; 1890 p 123 § 7; RRS § 8863. Formerly RCW 78.36.850, part.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.12 - Abandoned Shafts and Excavations. › 78.12.070 - Damage actions preserved.

RCW 78.12.070
Damage actions preserved.
Nothing contained in this chapter shall be so construed as to prevent recovery being had in a suit for damages for injuries sustained by the party so injured, or his or her heirs or administrator or administratrix, or anyone else now competent to sue in an action of such character.
[ 2013 c 23 § 250; 1890 p 123 § 9; RRS § 8865.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.16 - Mineral and Petroleum Leases on County Lands. › 78.16.010 - Leases authorized.

RCW 78.16.010
Leases authorized.
Whenever it shall appear to the board of county commissioners of any county in this state that it is for the best interests of said county and the taxing districts and the people thereof, that any mining claims, reserved mineral rights, or any other county owned or tax acquired property owned by the county, either absolutely or as trustee, should be leased for the purpose of exploration, development, and removal of any minerals, oil, gas and other petroleum products therefrom, said board of county commissioners is hereby authorized to enter into written leases, under the terms of which any county owned lands or county owned mineral rights, or reserved mineral rights, are leased for the aforementioned purpose, with or without an option to purchase. Any such lease shall be upon terms and conditions as said county commissioners may deem for the best interests of said county and the taxing districts, and as in this chapter provided, and may be for such primary term as said board may determine and as long thereafter as minerals, including oil, and/or gas, may be produced therefrom.
[ 1945 c 93 § 1; 1907 c 38 § 1; Rem. Supp. 1945 § 11312.]
NOTES:
Construction—1945 c 93: "Chapter 38, Laws of 1907, is amended by adding a new section to be designated as section 8, to read as follows:
Section 8. Nothing herein contained is intended to or shall be construed as affecting any existing rights granted under chapter 38, Laws of 1907." [ 1945 c 93 § 6.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.16 - Mineral and Petroleum Leases on County Lands. › 78.16.020 - Order for lease—Terms—Option to purchase.

RCW 78.16.020
Order for lease—Terms—Option to purchase.
When said commissioners, in their discretion, decide to lease said claims or properties as provided in RCW 78.16.010, they shall enter an order to that effect upon their records and shall fix the duration and terms and conditions of said lease, and in case an option to purchase is given shall fix the purchase price, which shall not be less than the total amount of the taxes, interest and penalties due at the time the property was acquired by the county, and may provide that any royalties paid shall apply and be credited on the purchase price, and said lease or lease and option shall be signed and executed on behalf of said county by said commissioners, or a majority of them.
[ 1907 c 38 § 2; RRS § 11313.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.16 - Mineral and Petroleum Leases on County Lands. › 78.16.030 - Sale and conveyance.

RCW 78.16.030
Sale and conveyance.
Upon payment of the full purchase price, in cases where an option to purchase is given, a conveyance shall be executed to the purchaser by the chair of the board of county commissioners. Such conveyance shall refer to the order of the board authorizing such leasing with the option to purchase, and shall be deemed to convey all the estate, right, title and interest of the county in and to the property sold; and such conveyance, when executed, shall be conclusive evidence of the regularity and validity of all proceedings hereunder.
[ 2013 c 23 § 251; 1907 c 38 § 3; RRS § 11314.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.16 - Mineral and Petroleum Leases on County Lands. › 78.16.040 - Option to surrender lands.

RCW 78.16.040
Option to surrender lands.
The lessee under any such petroleum lease shall have the option of surrendering any of the lands included in said lease at any time, and shall thereby be relieved of all liability with respect to such lands except the payment of accrued royalties as provided in said lease. Upon such surrender, the lessee shall have the right for a period of one hundred twenty days following the date of such surrender, to remove all improvements placed by him or her on the lands which have been surrendered.
[ 2013 c 23 § 252; 1945 c 93 § 2; Rem. Supp. 1945 § 11314-1.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.16 - Mineral and Petroleum Leases on County Lands. › 78.16.050 - Disposition of royalties and rentals.

RCW 78.16.050
Disposition of royalties and rentals.
Any royalties or rentals received by the said county under any lease entered into under the provisions of this chapter, shall be divided among the various taxing districts entitled thereto, in the same proportion and manner as the purchase money for said lands would have been divided in the event the said properties had been sold.
[ 1945 c 93 § 3; Rem. Supp. 1945 § 11314-2.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.16 - Mineral and Petroleum Leases on County Lands. › 78.16.060 - Surface rights.

RCW 78.16.060
Surface rights.
Nothing in this chapter contained shall be construed as giving the county commissioners the right to lease the surface rights of tax acquired property, except that the lease of any property as in this chapter provided shall give the lessee the right to use such portions of the surface on said land as may be necessary or desirable to it in its business.
[ 1945 c 93 § 4; Rem. Supp. 1945 § 11314-3.]